Whitehorse Daily Star

Woman thought man would kill her, court hears

A man suing the RCMP for excessive use of force was convicted Friday in Yukon territorial court of repeatedly assaulting a woman.

By Pierre Chauvin on October 26, 2015

A man suing the RCMP for excessive use of force was convicted Friday in Yukon territorial court of repeatedly assaulting a woman.

Thirty-five-year old Jeremiah Moses was sentenced to 10 months in jail for assault, assault causing bodily harm, dangerous driving, evading and resisting police officers, and several bail and probation breaches.

The charges stem from three separate incidents.

Shortly before noon on July 27, 2014, the RCMP were called by the victim. She told them he had punched her in the face.

When the police arrived, there was dried blood on a towel and fresh blood on her face.

She suffered minor facial injuries, the court heard.

On May 9, 2015, the RCMP were called to the Airport Chalet for an alleged assault on the same woman.

A man, who the police determined to be Moses, fled the scene in a white Hummer.

The police learned of a no-contact order prohibiting Moses from being near the woman.

He was charged with breaching his bail conditions, the only charge “realistically provable,” Crown prosecutor Keith Parkkari told the court.

On June 3 this year, two women were driving to Carcross when they picked up a hitch-hiker – the victim.

There is no publication ban on the woman’s name, but the Star has chosen not to publish her name nor those of the two women who picked her up.

They were run off the road by a white Hummer, which subsequently rammed into their vehicle, Parkkari told the court.

Fearing for their safety – there was a small child in the car – the car’s occupants let the woman out, and called the police.

Moses drove away with her.

RCMP patrolled the South Klondike Highway and chased Moses.

He went on Annie Lake Road all the way to Two Horse Creek Road.

Knowing it was a dead end, the police set up a containment checkpoint and pursued him.

Dog services were called in, and police found Moses’ Hummer tucked behind trees.

After telling him several times to step out of his car, police released the dog to nab Moses.

The victim was also in the car.

She was described as “terrified and hysteric” by the police officers.

She had bruises on her face and legs.

The woman told the police Moses had kicked and punched her multiple times in the head.

She thought he was going to kill her, Parkkari told the court.

Moses was intoxicated when the assault happened, the court heard.

Moses had also been charged with uttering threats against the two women, but the charges were stayed.

Defence lawyer Andre Roothman told the court Moses is one exam short of becoming a plumbing journeyman.

Roothman asked the judge to amend any driving prohibition to allow Moses to use his vehicle to go to work.

Roothman didn’t take issue with the sentencing submissions put forward by the Crown, noting they weren’t “unreasonable given the circumstances.”

In his oral decision, Judge Donald Luther decided to go beyond the Crown’s sentencing submissions.

“We have to make sure this type of conduct is denounced,” Luther said.

“First Nation women certainly deserve to be protected from violent men, be it First Nation (men) or others.”

Of all three incidents, the June 4 was the most serious one, Luther said.

Moses was unable to restrain himself against the victim and the two women “who got caught in an act of kindness and paid the price for that,” the judge said.

Moses has a limited criminal record, and there was no evidence before the court that he had a particularly disadvantaged life, Luther said.

Of the 10 months Moses was sentenced to, he will serve five months, as he received credits for his time on remand.

The judge also ordered a three-year probation period, including a driving prohibition that allows Moses to use his car to go to work during regular working hours.

Luther noted he had a more promising future than many other First Nation men in the criminal justice system.

He advised him to change his behaviour; otherwise, next time, he would look at time in a federal penitentiary.

A civil suit Moses had filed against the RCMP can now proceed.

It was on hold until the criminal case was over.

Moses filed a statement of claim in Yukon Supreme Court on June 24 alleging excessive force from the RCMP.

Court records show Moses was asked to amend his statement of claim to name the Attorney General of Canada as a defendant, not the RCMP.

In a statement of defence, the RCMP denied Moses’ allegations, claiming the members’ use of force that night was lawful.

The civil case has been adjourned until late November.

Comments (3)

Up 40 Down 4

Throw him in and leave him there on Oct 27, 2015 at 8:28 pm

10 months for this!? Should be TEN YEARS! Woman beating as#ho#le!! You are a PIECE OF GARBAGE! 10 months! I can't believe that the public buys this. This is NOT JUSTICE!!!! As for the poor victim, I would leave town and change your name.

Up 49 Down 13

Groucho d'North on Oct 27, 2015 at 6:34 am

Perhaps this would be a good case study for the Roundtable on Missing and Murdered Women to begin with? By this report, it appears to have all the elements needed to answer those questions they are seeking answers to.

Up 114 Down 6

moose101 on Oct 27, 2015 at 6:10 am

A limited crimnal record??? He assaults people, rams a vehicle with women and a child inside, is impaired while driving, evades police, resists arrest . How can a lawyer like Roothman sleep at night . Can he justify defending this behavior not just to himself but to his loved ones ???

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