Whitehorse Daily Star

Man jailed for assaulting drinker with whisky bottle

There was no probation term set for a man sentenced Tuesday for assault with a weapon and uttering threats.

By Whitehorse Star on May 29, 2007

There was no probation term set for a man sentenced Tuesday for assault with a weapon and uttering threats.

However, a visiting territorial court judge who ordered the jail term suggested John Eriksen go back to Alcoholics Anonymous (AA) and get treatment if he didn't want to spend more of his life in cells.

Judge Cunliffe Barnett ordered Eriksen, 32, to spend an additional 30 days in jail for uttering threats.

He received a credit of five months' time served for the assault with a weapon. He has been in custody at the Whitehorse Correctional Centre since his arrest on March 2.

The sentence was proposed in a joint submission by Crown prosecutor Melissa Atkinson and defence lawyer Nils Clarke.

While the case had been scheduled to go to trial Tuesday morning, Eriksen opted to change his not guilty pleas on the two charges to pleas of guilty.

Four charges two of assault with a weapon and two of uttering threats were originally laid against Eriksen.

However, Atkinson sought the court's approval to place all those named in the charges into the two charges Eriksen had agreed to plead guilty to. The remaining two charges were later stayed by the Crown.

The court heard that around 1:40 a.m. March 2, Whitehorse RCMP were called to the Casa Loma Motel in Porter Creek.

There, they learned that Eriksen, who had a bottle of Wiser's whisky in hand, had walked past a room where the door was open. Inside, three men were drinking.

Eriksen asked one of the men if they wanted a drink.

When they realized no one in the room knew Eriksen, they asked him to leave, with Eriksen telling them he wanted to sit down and have a drink, Atkinson said.

One man then shut the door in his face, with Eriksen swinging his bottle of whisky and hitting the other man in the head.

He continued swinging, hitting one of the other men twice, though the bottle never broke, Atkinson told the court.

As the three men who were in the room tried to force Eriksen out, they pushed him over the edge of the balcony. He fell about four feet into a snow bank.

The three men went back into the room and called 911, the court heard.

When police showed up, Eriksen was found still clutching the whisky bottle.

The two injured men refused medical helped.

When he was arrested, Eriksen told police, I'm going to f- you up! I'm going to kill you!' the court was told.

Clarke noted his client had handcuffs on and was securely in custody when he made the threats.

The defence lawyer also said it was clear all four men involved were substantially intoxicated at the time.

'It was predictable things might go sideways,' he said. It was fortunate for all that the whisky bottle didn't break or what were minor injuries would have been worse, Clarke noted.

In addition to Eriksen's criminal record, the judge was also handed a rÈsumÈ prepared by Eriksen.

In proposing the sentence, it was also suggested a two-year firearm ban be imposed.

That was also ordered by Barnett with a warning that if it is not followed, Eriksen could find himself in jail again.

Barnett also noted he would not order a probation term because Eriksen has not done well under previous orders.

Speaking to Eriksen before ordering the sentence, Barnett quizzed the man on how much time he's spent in jail in the last 10 years and how much of that was related to alcohol.

Eriksen estimated he's spent about a quarter of the past decade in jail with almost all those sentences related to drinking.

About a year ago, he told the judge, he went to a 28-day live-in treatment and was attending AA. He's not going to let this setback prevent him from seeking further treatment though, he said.

'Mr. Eriksen, you're obviously a capable individual,' Barnett said, noting reports from others as well as his answers to Barnett's questions.

Hopefully, the judge said, Eriksen has come to understand he has to deal with his drinking problems.

'The time has come to stop drinking. (It) isn't easy, I know that,' Barnett told him before ordering the sentence.

Be the first to comment

Add your comments or reply via Twitter @whitehorsestar

In order to encourage thoughtful and responsible discussion, website comments will not be visible until a moderator approves them. Please add comments judiciously and refrain from maligning any individual or institution. Read about our user comment and privacy policies.

Your name and email address are required before your comment is posted. Otherwise, your comment will not be posted.