by P.J. Harston
Northern News Services

NNSL (Jan 31/97) - A 34-year-old father of five was spared straight jail time for severely beating his common-law wife and throwing her down a flight of stairs.

Territorial court Judge Thomas Davis sentenced Michael Philip Nitsiza to 90 days in jail, which he will serve on weekends, and probation for a year.

"You are very fortunate the Crown only asked for two to three months. If they had asked for more, I would have been inclined to go along with it," said Davis.

Crown lawyer Sandra Aitken told court that on Nov. 21 Nitsiza came home to Yellowknife after driving from Fort Smith and became angry with his wife for not having food prepared.

He kicked her, gabbed her by the hair and threw her to the floor and then down a flight of stairs.

"(The woman) covered her face with her hands and tried to protect her self and began to cry," said Aitken. "She had scratches to her elbows, a sore head and a sore back," said Aitken.

She suggested Nitsiza be jailed for two to three months and placed on probation. He has a previous record that includes two assaults on another woman and two other unspecified violent crimes.

"He had only been off probation for a period of weeks before he beat his wife," said Aitken. "This offender has not been deterred in the least by sentences he has received."

Defence lawyer Ken Allison told court that Nitsiza, who was raised in Wha Ti (Lac La Martre) and other area communities, comes from a background of alcohol abuse.

Nitsiza quit drinking four years ago, was sober during the attack and has been living -- along with three of his children -- with his sister since being charged in November.

Nitsiza's two other children are living with his parents in Wha Ti.

"Usually in the winter he lives as a trapper. Currently he is living off social assistance and child tax benefits," said Allison.

He asked Davis for a sentence of less than three months because of "heavy family commitments."

Davis pointed out that because Nitsiza is a repeat offender he could be jailed for a substantial period. However, because he cares for three children, Davis couldn't see fit to raise the suggested sentence or commit Nitsiza to straight time in jail.