Whitehorse Daily Star

Image title

Photo by Whitehorse Star

Judge Peter Chisholm

Sentencing pronouncement unleashes profanity

A Whitehorse man sentenced for robbery and assault Friday stood, shackled, in stark contrast to his sister, a thoughtful young woman present in the courtroom gallery.

By Christopher Reynolds on May 12, 2014

A Whitehorse man sentenced for robbery and assault Friday stood, shackled, in stark contrast to his sister, a thoughtful young woman present in the courtroom gallery.

The two family members embodied the divergent paths available to at-risk youth in the Yukon, their presence serving as a reminder of how easily vulnerable individuals can go astray.

A territorial court judge handed Tim Ayotte, 21, four years in jail for crimes committed last October.

On Oct. 1, RCMP officers stopped him following a reported dispute in downtown Whitehorse. After he fled, police tried to handcuff him, during which Ayotte continued to resist arrest, according to the agreed statement of facts.

Out on bail several days later and under the influence of alcohol, Ayotte punched a man on the Millennium Trail, then successfully outran a Mountie after being confronted.

On Oct. 16, he and two other masked men broke into the home of a man in search of crack and cash. The resident was wrestled to the floor and bear-sprayed. Ayotte struck him over the head with an axe handle.

After making off with the victim's television, laptop and iPhone, but no drugs, the three men were found by police in the crawl space of a Whitehorse home later that day.

"These type of events have become all too common, even in small cities such as Whitehorse,” Judge Peter Chisholm said Friday.

He said Ayotte's difficult upbringing and addiction issues "cannot be used as a crutch to justify the type of crimes to which Mr. Ayotte has pleaded guilty.”

The judge also noted the pre-meditation involved in the robbery as well as Ayotte's criminal record, including four assault convictions.

"He comes from a very troubled background,” Chisholm said, noting the Whitehorse Correctional Centre inmate witnessed violence and alcohol abuse in the home.

"His tumultuous and difficult childhood explains in part his situation before the court,” he added.

He credited the young man for admitting guilt and taking responsibility for his actions.

"I cannot say that his prospects toward rehabilitation are poor.”

Ayotte was sentenced to four years for break and enter, three for robbery, nine months for possession of stolen property, 60 days for assault and 30 days for several court breaches.

The time will be served concurrently, amounting to four years, minus nine months for time served in pre-sentence custody.

He will be under a mandatory 10-year firearms ban upon release.

Jail sentences exceeding two years for criminal acts are served in a federal penitentiary, which would include educational and rehabilitation programs.

"This is a chance for you to really make some changes in your life and better yourself and work at some intensive counselling and treatment,” Chisholm said.

Immediately following the judge's sentence, Ayotte shouted as he began to walk out of the courtroom: "Go suck dk, you little bh. Fing punk-a little b*h.”

Chisholm did not respond.

Unable to develop "pro-social attachments” and "oppositional toward those in positions of authority,” Ayotte was taken into foster care before the age of five, Chisholm noted earlier. He entered a group home as a teenager.

"He came into trouble with the law at age 16,” Chisholm said.

Last Tuesday, Ayotte rose in court to address the judge.

"I was a very angry child. And also I had behavioural issues,” he said.

"I ended up having problems at my group home, little problems with the law .... I ended up as a drug-using individual.”

Originally from Burwash Landing, Ayotte has worked at dishwashing and construction jobs.

"But it ended up where the drugs became too much of an issue” — the reason behind his behaviour last October, he said.

"I just ask that you look at me like a human being so that I have a fighting chance....

"I feel that I've really let down my family. I've really just let everyone down,” he said.

"I wasn't in my right state of mind ... when I do drugs, I just turn kind of swirly ... I turn into an animal or something.

"I was one step away from taking it up a notch and almost doing heroin,” he said of his mental state that fateful October day.

"I'm a citizen that's been not taken care of properly by society throughout my history.”

Ayotte's sister Sharda was in court last Tuesday.

"It's obviously pretty scary, the possibility of going to a federal penitentiary,” she told the Star. "The whole family is pretty scared.

"It's pretty sad to see all this happening.”

The 24-year-old said she retains hope her brother could rehabilitate, with the goal of "actually living a life, instead of whatever this is....”

Sharda, who has worked in a Whitehorse law office and is currently employed at Staples, recalled their often-difficult pre-teenage years together in foster care, as well as his reaction to life in the group home.

"In a way, I was proud of him, because he would speak out against what was happening to them.

"Sometimes, it seems, people who are the most vocal in those situations end up in a downward spiral, while we end up reaping the benefits of being meek,” she said, referring specifically to herself and her older sister.

"On the one hand, I don't want to see him go to a penitentiary because I don't want to see him associating with those people, but on the other hand I'd rather see him in a program where he gets clean and gets his priorities straight.”

Comments (6)

Up 25 Down 1

BEWILDERED WITH LAW on May 13, 2014 at 7:37 am

This man recieves four yrs for robbery and assault.

A man violently takes a innocent mans life and is eligible for parole in 12 yrs????

JUSTICE?

I think NOT.

Up 25 Down 3

Always a Yukoner on May 13, 2014 at 7:11 am

Who are those people his sister says?? He is one of "those" people!!

He's lucky he never got more time, which he deserves, let's see if pen time helps him! He is the only one that can do that, all the programs in the world are not going to help him unless he applies himself and shows that he wants to change. Such a young life too!! Tired of people blaming their upbringing, glad the judge saw through that garbage. Maybe the bog boys or should I say those people will show him not to mess up!!

Up 8 Down 55

James L. on May 13, 2014 at 1:21 am

Yes, we will continue to see the same ending as long as our governments and communities do not invest in infastructure and programs that help address root causes of matters Ayotte and his family experienced. Groups are like an underworld. Communities largely don`t want to see them, or associate, or invest in them, upper government too for the most part.

We've always had 'band-aid' responses to people`s trauma and addictions that stem from neglect of people's real experiences, which have often been damaging as a result of government and community (or the lack of). And when our Fed and Territorial governments are always going to court to not have to meaningfully work with Aboriginal governments and/or anyone in their way, yikes. I don`t see much hope sitting in any legislature. Hope is on the ground. Hope is you and I. All the best to the Ayottes and underdogs in our prosperous Territory.

Up 27 Down 5

Josey Wales on May 12, 2014 at 11:24 pm

I too June was surprised to read that.

Tim is just one, this town(most certainly) and well the rest of the territory....there are many just like him.

Some are even the Venus type, sugar and spice...not always that nice.

Up 61 Down 2

Be accountable on May 12, 2014 at 9:30 am

"I'm a citizen that's been not taken care of properly by society throughout my history.”

Seriously?! There comes a time when you need to take care of yourself and take responsibility for your actions against others.

Up 94 Down 13

June Jackson on May 12, 2014 at 7:43 am

I was sure surprised to read a comment by a sitting judge.. "He said Ayotte's difficult upbringing and addiction issues "cannot be used as a crutch to justify the type of crimes to which Mr. Ayotte has pleaded guilty.” Good on ya' Judge Chisholm.

As said by so many before me, there are millions of people world over who had rotten, brutal, childhoods and still manage to be decent law abiding people, taking care of their families.

What is sad to me is that this is a story we see over and over. Why aren't we charging parents? Put them in jail for neglecting and abusing their children..Make parenting classes manatory.. Charging bad group home operators? Until we change the beginning of the story..we will keep seeing the same ending.

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.