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22 months for stabbing Ruben sentence 'at the low end' of custody time available: judge
Daniel Campbell
Northern News Services
Published Wednesday, September 11, 2013
SOMBA K'E/YELLOWKNIFE
Dean Ruben will spend 12 and a half months in custody for stabbing a man 14 times in a Yellowknife apartment last November.
Ruben received a 22-month sentence on Monday, minus the nine months and 12 days he's already spent in custody.
The 23-year-old attacked his 44-year-old victim with a switchblade after his younger brother, Tyson Ruben-Boucher, was knocked out by the victim in a fight over cigarettes.
Tyson pleaded guilty to assault with a weapon on Aug. 13 in relation to the fight. He's scheduled to be sentenced today in Yellowknife territorial court.
Judge Bernadette Schmaltz said Ruben deserved less time in jail and a longer probation period because of the trauma he's faced in his life and significant psychological problems. She gave Ruben two years of probation and ordered him to seek counselling during that time.
Ruben's lawyer, Paul Falvo, said his client has been diagnosed with attention deficit hyperactivity disorder, post-traumatic stress disorder, schizophrenia and suicidal thoughts.
In a pre-sentence report, it was noted Ruben was introduced to marijuana at age seven.
Ruben's mother, Nancy Ruben, 38, was also present during the stabbing. She allegedly punched the victim before he was stabbed by Ruben. Nancy is charged with assault and is scheduled to appear in Yellowknife territorial court on Dec. 10.
Schmaltz said although Ruben has faced issues in his life, he needs to be held responsible for the assault.
"The seriousness of this offence can't be ignored. It's not an exaggeration to say (the victim) could have been killed," she said.
"When someone stabs a person 14 times, their degree of responsibility is of the utmost importance."
Ruben has a significant criminal record, with 14 convictions over the last two years. Schmaltz said she's not surprised Ruben has had trouble with the law in the past, considering his disorders and background.
"They're not an excuse, but they may be an explanation," she said.
Crown prosecutor Marc Lecorre asked the court for a two to two and a half year prison sentence last Wednesday. Falvo said his client deserved a sentence in the range of 18 months to two years.
"I'm going to impose this sentence - and it may seem at the low end," Schmaltz said as she handed down the 22-month jail sentence.
"But I believe a longer term of probation is appropriate."
Schmaltz said the jail sentence is long enough to let the community know Ruben's actions were unacceptable, and hopes he'll address his psychological issues during the longer probation term.
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