There was little doubt in territorial court Monday that Michael Nehass has the support of his community behind him as he faces sentencing on one count of aggravated assault and another count of assaulting a peace officer.

Territorial court Judge Karen Ruddy reserved her decision on the sentence after listening to Crown prosecutor Noel Sinclair ( representing prosecutor John Phelps) argue for a three- to four-year jail sentence while defence lawyer Bibhas Vaze sought a 17-month term.

Before telling the half dozen plus in the courtroom that she would reserve her decision, Ruddy invited friends and supporters of Nehass to address the court, with Nehass himself making the last submission.

He stated he knows the charges against him are serious and that he accepts responsibility, wanting to make the changes in his life that he needs to make.

As the court heard earlier during Sinclair's submissions on the agreed facts, the first matter, the aggravated assault, goes back to last Oct. 10, when Nehass punched a Whitehorse Correctional Centre guard in the face.

Last Oct. 10, guards were called to the central cell block where Nehass and another inmate were housed.

There, Nehass, who had been drinking, made demands, with the guards entering the cell and focusing on the other inmate first.

Nehass eventually started choking one of the guards. Another guard grabbed Nehass, who then threw the punch that left a bone poking through the guard's face.

The correctional officer required surgery on his nose. As well, though there wasn't evidence to indicate it was caused by Nehass' part in the fracas, the guard fractured his leg and required a cast.

Last Nov. 26, Nehass and an inmate in the cell next to him covered the cameras in their cells with wet toilet paper, with his neighbour lighting the cell's mattress on fire.

When corrections officers responded to the smoke and attempted to get Nehass and the other inmate out of the area, Nehass threw toilet water, containing some urine, onto the guards.

The inmate continued to resist the guards until he eventually fell to his knees as smoke filled the area. He was taken to the medical area of the building, where he kicked and spat at the guard there.

Though not part of these charges, Sinclair noted an aggravating factor in the facts admitted is the pre-meditated attack by Nehass and another inmate at the jail on another inmate in February 2009.

The inmate they attacked was taken to the hospital and treated for a puncture wound.

There's also the alleged breach of his recognizance in September 2009, when he was attending a treatment program in Alberta.

Nehass was kicked out of the program for not following house rules, specifically for exposing himself to a female resident there.

After getting kicked out last Sept. 10, a warrant was issued for his arrest a day later. Last Sept. 22, the warrant was executed when Nehass turned himself in.

In pushing for a lengthy sentence that would send Nehass to federal prison, Sinclair also cited victim impact statements.

He argued for the proposed three- to four-year sentence for the aggravated assault to be served concurrently, with a six-month sentence for the charge of assaulting a peace officer.

It's quite clear from case law that the sentence has to reflect the principles of denunciation and deterrence, Sinclair added.

"The location of the event is an aggravating (factor),” he said.

He cited the guard's victim impact statement, which noted the negative effect on his life as well as those of his wife and young child.

Sinclair also pointed out Nehass' significant criminal record as a factor that should be considered in sentencing.

Along with the prison term, Sinclair also said the Crown is seeking a DNA order and 10-year firearm prohibition for Nehass.

In seeking the shorter sentence that would be served in the territory, Vaze told Ruddy it's important to understand Nehass' background. He added though his history doesn't excuse his behaviour, for which Nehass has taken full responsibility.

At 26 years old, Vaze pointed out, Nehass has spent most of his life in an institution, beginning at the age of 14. His longest stint was for 33 months before he was released from a B.C. prison in early 2007.

His troubles began long before that though, the court heard. When he was four years old, Nehass' mother died in a traffic crash.

Though his father is now involved with his life, at that time he didn't have the support either parent.

Left largely to his own devices, Nehass eventually ended up with a substantial cash settlement in his teens. He was preyed upon and lost that money fairly quickly.

Nehass soon found himself in the cycle of being in and out of jail through much of his adult life and using drugs and alcohol.

He has also been diagnosed with attention deficit disorder and is taking medication for it.

What has to be considered, Vaze said, is the lack of supervision Nehass has had in his life and how that has affected him.

During his time in the federal penitentiary system, Nehass essentially found himself being assaulted by guards, who, among other actions, used his toothbrush to clean his toilet.

After returning to the Yukon from B.C., Nehass got back in touch with his mother's side of the family of the Teslin Tlingit Council. His father is of Tahltan Nation ancestry in B.C.

It was through his mother's family and her First Nation that Nehass has found the support he now realizes he needs to reintegrate into society.

That, Vaze argued, is the major difference between Nehass' previous court appearances and now.

He now realizes his life won't get better unless he looks for support.

"And that's what he has done,” Vaze said. When Nehass was out on bail in 2008 and living with the Peters family in Teslin, Vaze noted, they had no problems.

It was when Nehass was again in an institution that the problems began again at the treatment centre in Alberta.

As Vaze pointed out, after he was kicked out of that program, it took Nehass a few days to make it up north. Once he returned to the territory, he made contact with the Peters family and turned himself in to police.

"That is very significant,” Vaze said, pointing out that Nehass did not reoffend between leaving the treatment program and turning himself in.

Vaze also made note of the jail guard's victim impact statement. Since it was written, Nehass has apologized to the guard, with the guard indicating that he and Nehass are "all good.”

Submitting numerous letters of support to the court, Vaze said Nehass is continuing to work on his plan for what he'll do upon his release, citing possibilities for counselling, work and other plans.

As his friends and supporters addressed the judge at her request, they also spoke of possibilities for Nehass.

His grandmother, Sarah Wolfe, made note of the summer fish camp she has for her 23 grandchildren where they learn to fish and prepare it, suggesting an opportunity for Nehass.

While she's prepared to financially support her grandson, she said he would have to earn that support by helping around the camp.

She too recalled Nehass' troubled past, noting his mother's death and that he was taken away from her when he was young.

His uncle, Billy Smarch, said he sees his nephew moving away from a life of incarceration.

"I see him with one foot out the door now,” he said, expressing his support.

Both John Peters Jr. and Sr. also spoke up. They had no problems with Nehass while he was living with them, they said, arguing the young man needs a chance to move ahead with his life.

"Being incarcerated isn't going to do it,” Peters Sr. said.

Peters Jr., recalled his own experience in being given a chance to move forward in his own life after serving time at the Whitehorse jail.

"I believe in second, third chances because I've been given those chances,” he said.

Finally as Nehass addressed the court, thanking all those who had shown up, he spoke clearly, telling the court he is not a good speaker and didn't have his Grade 12 diploma.

When he went to the treatment program in Alberta, he said, it was the first time in his entire life he had been at treatment.

"And I failed,” Nehass stated bluntly. He went on to note that when "all this is done with,” he wants to work with his community to get his life on track.

As he launched into a written statement, he too recalled a large portion of his life in jail and the need to make changes to live a "long, healthy life.”

All he knows is incarceration, but with help, he wants to move beyond that, he said. He plans to address his drug and alcohol problems and, later into the future, take counselling for childhood trauma which he realizes he has some problems with.

Finally, Nehass said, he knows the charges are serious and he accepts responsibility, wanting to make the necessary changes in his life.

His written statement was then filed along with all the letters of support he had received.

It was a hearing that left Ruddy with a lot to think about.

Acknowledging and thanking all those who drove in from out of town and provided their input, she said that while she didn't want to inconvenience people, given the two very different positions, she would need time to consider all the issues.

With that, a date of June 11 was set for her decision to be handed down.

Other charges against Nehass were stayed, though he has yet to face a seperate charge of sexual assault on another matter.