A Watson Lake man was in a Whitehorse courtroom Thursday for a sentencing hearing for manslaughter.

Alfred Thomas Chief, 33, has pleaded guilty to manslaughter for the death of Olson Wolftail, 87.

With Judge Michael Cozens presiding, members of Wolftail’s family were in court, and some appeared by video from Watson Lake.

Crown prosecutor Amy Porteous read an agreed statement of facts

On Dec. 22, 2016, Chief was at Wolftail’s home in Watson Lake. Wolftail lived with his son and daughter-in-law Minnie Charlie, Chief’s mother.

Wolftail and Chief were drinking together. According to the statement, Chief viewed Wolftail as a grandfather.

At some point after midnight, now Dec. 23, 2016, Chief began beating on Wolftail.

Charlie ran across the street to her brother’s house to get help. An ambulance was called and the RCMP arrived at the scene 10 minutes later.

Wolftail was found dead in a storage room.

Police determined that he had been beaten in the same position in which he was found laying.

Officers found Chief passed out on a pull-out couch and arrested him.

Chief, displaying bloodshot and glassy eyes, was too drunk to know what was going on. He resisted arrest and did not know why he was being detained.

At the police detachment, he had to be tied to a chair because he was hitting walls and the floor.

Police found a 40-ounce bottle of alcohol that had Wolftail’s DNA on it. However, this does not prove it was the instrument used to beat Wolftail. Chief has not admitted to using it; he has no memory of the event, but admits to killing Wolftail.

The examination by a pathologist concluded that Wolftail died from blunt force trauma, and that no natural causes contributed to his death.

He lost a large amount of blood and suffered from several broken bones, bruised organs, internal bleeding and multiple lacerations.

Charlie told police that she woke up that night to her son choking her.

She told him she was calling the police and got away from him by saying she was going to the bathroom. She did admit that she did not actually see the beating on Wolftail.

Cozens interjected that this might seem like a contradiction, but it is not because Chief admitted to the act.

Porteous said this is a serious offence, noting Wolftail had posed no threat to Chief. Wolftail was a vulnerable individual, she added, and the risk was forceable because this was a sustained beating in the victim’s own home.

She cited a lengthy criminal record of approximately 40 offences dating back to 2005, noting Chief has anger issues and suffers from alcoholism, Fetal Alcohol Spectrum Disorder (FASD) and Post-Traumatic Stress Disorder (PTSD).

Porteous argued that Chief is a risk to the public. She listed several mitigating circumstances such as FASD and PTSD.

She told the court his FASD is connected to the incident. Impulsiveness is a known trait for people suffering from FASD.

She next listed aggravating factors, saying Wolftail’s age and mobility issues were the biggest ones.

Chief was out on bail on an unrelated matter in Whitehorse. She later confirmed that he was not allowed to leave the city without the approval of the bail supervisor – and this trip to Watson Lake was not approved. She was able to confirm that after her submission was made.

Porteous recommended a six- to eight-year sentence in prison, believing that would be reasonable based on the severity of the crime and Chief’s conditions.

Chief has been in custody for 553 days, and Porteous was willing to give credit for time served. She also asked for a 10-year firearm ban to begin after release, and he must provide a DNA sample.

Jenny Cunningham, Chief’s lawyer, did not take a position on the firearm ban nor DNA order, but recommended four years in jail and three years’ probation. She also requested he get time served.

Cunningham debated whether Chief should serve time in a federal penitentiary or in the Yukon. This was based on the available support programs that he could access either way. She said there are programs offered federally for alcoholism but preferred that her client stay here.

Cunningham argued that he already has a doctor here that is familiar with Chief, and who he likes.

He also has young kids who visit him often. The children are in the care of Chief’s father, Alfred Chief Sr. She had letters of support from the children declaring they need their father.

She said her client hopes to never drink nor hurt anyone ever again, and get as much help as possible when he is released.

“His main concern is to not drink,” he said.

Cunningham said he looks to his dad as a role model. Chief Sr. was sent to the Lower Post, B.C. residential school and was an alcoholic. His father overcame both issues.

Her client has been drinking since the age of eight. She said he knows it will not be an easy journey to recovery.

Cunningham went through several mitigating factors. Chief has remorse for his actions, has no anger toward Wolftail and realizes the distress he has caused the family.

“He always wanted to take responsibility for this,” Cunningham said.

She said Chief has participated in any programming that was available at the Whitehorse Correctional Centre, (WCC) and has even repeated programs.

Cunningham agreed that the FASD diagnosis needs to be taken into account, since alcohol was at play.

Porteous, noting the 30-plus breaches on Chief’s record, was not comfortable with the three-year probation. If Chief had done all the programming he could at WCC, to the point he was repeating programs, she said, it might be better for him to go somewhere else.

Chief told the court he is sorry for the pain he has caused – guilt he knows he will have to live with for the rest of his life.

“I feel so ashamed,” he said.

Several family members either read their victim impact statements or had them read by someone else.

Kathy Magun, Wolftail’s daughter, said her father was a strong Kaska Dena First Nation man who was able to overcome the challenges of his time. He lost several of his eight children to residential schools and had to raise others as a single dad while working at a mill.

Magun said he taught his kids to ignore any racism they may encounter. She said she struggles with his loss every day.

“This crime has traumatized me to the core,” she said.

She said it feels like someone shattered her heart, adding Chief has sentenced her to a life full of pain. The incident ruined Christmas for the family, she said.

She often thinks about how her father was not in a position where he could defend himself, as he had mobility issues. She wonders if he called for help, admitting to nightmares over this.

“I feel shattered beyond repair,” Magun said.

She added she feels like she doesn’t have a family anymore. She said the family members have all gone their separate ways because they all feel pain.

She said she does not feel safe in her home nor community anymore, and this has caused her to not go out in the community. She concluded by saying she feels spiritually let down.

“I feel trapped in a life that I don’t want to live,” she said.

Perry Wolftail, the victim’s son, had his statement – one of several – read to the court. He believes justice needs to be done, but that it won’t be easy.

He does not want to see his father’s killer back in the community, and fears Chief could kill again once released.

The statement of Mary Wolftail, the victim’s daughter, was also read to the court.

She does not like the fact that Chief gets to continue his life while her dad does not. She feels she has received life sentence of pain that will only go away once she herself dies.

Cozens, who has reserved his decision on a sentence, addressed the family members, saying he hopes they can look forward.

He could see that Wolftail’s death devastated them, but felt the deceased would not want to see his family this crushed regardless of the conditions of his death.

Cozens said he believes the family needs to reflect the strength they themselves said Wolftail had. To honour him, the judge added, the family needs to move on.

He did not offer this suggestion because it would be easy. He knows it won’t be.

“It struck me as important to say,” Cozens said.

Chief will be back in court next Thursday to have a date fixed for the decision.