Over-Tasered' man to learn his fate on Friday
A 43-year-old Champagne-Ashihik First Nations man will be sentenced Friday for seven convictions, including assault, being at large without excuse, uttering threats, and resisting arrest.
A 43-year-old Champagne-Ashihik First Nations man will be sentenced Friday for seven convictions, including assault, being at large without excuse, uttering threats, and resisting arrest.
Brent Bradasch was charged with assaulting his girlfriend last March at their home on first nations territory in Haines Junction. A relative of Bradasch's and a friend were also present and telephoned the RCMP.
According to the witnesses, 'blood flew from the victim's face' when she was hit, territorial court in Whitehorse heard last Friday afternoon.
Bradasch showed no remorse and did not attempt to help the victim in any way.
When RCMP officers responded, Bradasch refused to leave the premises and was clearly intoxicated, Crown prosecutor Eric Marcoux told court.
Bradasch threatened the officers and resisted arrest before taking off in his vehicle.
A chase ensued, ending with Bradasch's arrest. He 'strongly fought (against) the police,' said Marcoux, and was Tasered many times, continuing to resist arrest even after he was Tasered.
Bradasch was released pending trial for the charges, but violated the conditions of his release last May by going to his home in Haines Junction.
Defence lawyer Lynn McDiarmid said her client went to his residence to pick up some of his belongings and to repair his truck so he could use it.
McDiarmid added there was some miscommunication between Bradasch and his probation officer regarding his permission to leave Whitehorse, where he was staying with family members.
Bradasch's trial began in October, resulting in convictions on all seven charges. However, in November, Bradasch breached the conditions of his release a second time by violating the alcohol consumption prohibition.
In her submission, McDiarmid asked Judge John Faulkner to consider that Bradasch was 'significantly over-Tasered' in the incident last March and is still suffering from related injuries.
She added that her client has 'very little memory of what transpired after he was Tasered.'
Bradasch is also taking Prozac as treatment for depression and has been 'steadily employed in the construction industry,' said McDiarmid.
She asked the judge for a sentence of three to six months and credit for the 27 days Bradasch has already been in custody. She also said a probationary term of 12 months would be appropriate.
Marcoux requested a jail term of eight to 10 months and a two-year probational term.
Marcoux also recommended a ban on all alcohol and controlled substances for the offender, substance abuse and violence prevention counselling, and a firearms ban.
McDiarmid disagreed with the request for a firearms ban, saying Bradasch had a 'fairly traditional upbringing' and 'relies almost totally on a subsistence diet,' including hunting and fishing.
These activities require the use of firearms, she said.
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