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Threats fly as man hauled off to jail

Tara Kearsey
Northern News Services


Yellowknife (Dec 06/02) - Although he came up with a last-minute alibi, Narcisse Tsetta was still convicted of robbery.

After five hours of deliberation, the Supreme Court jury returned with the guilty verdict. But they could not have anticipated what would happen next.

As soon as the jury foreman said "guilty," Tsetta made threatening gestures to the jurors, flipping both of his middle fingers up at them and placing his hands on his throat in a choking manner.

Then while an officer was escorting him to cells in the basement of the court house, Tsetta said, "I should have killed that (expletive) bitch," referring to the victim, Barbara Epilon.

He was sentenced to three years in prison on the robbery charge.

The victim testified she was attacked after she was followed home from the Right Spot bar during the early morning hours of Feb. 13.

Walking towards Hilltop Apartments, Epilon noticed a suspicious-looking man following her. After telling him to stop following her, the man began walking in the opposite direction.

But as the petite woman walked up the steps toward her apartment she was grabbed by the collar of her jacket and thrown to the ground.

Her attacker began rummaging through her pockets and when Epilon told him she had no money, he raised his fist as if he was about to punch her. After pleading with him to not hit her, the man ran away empty-handed.

The following day, Epilon picked Tsetta out of a police photo lineup.

The accused's brother, Peter Tsetta, testified he was drinking with his brother at two bars the night of Feb. 12 or 13. He accounted for his brother's whereabouts until 1:45 a.m., providing him with an alibi for the time Epilon was attacked.

The brother's testimony was a surprise for Crown counsel Ari Alatkoff and Peter Tsetta had only spoken to the defence for the first time on the first day of the trial.

Peter Tsetta testified he had not spoken to or seen his brother since leaving him at the Gold Range that night, and spoke to him only briefly at their brother's funeral in July. He claimed he still did not know what Narcisse was charged with.

In closing arguments, defence lawyer Jim Brydon argued his client was misidentified. Tsetta could not have been two places at once, he said, and he argued police were "almost pointing" to Tsetta in the photo lineup because he was the only person who fit the description provided by Epilon.

But the jury didn't buy it and Tsetta is heading back to a federal penitentiary. The jury had been shielded from hearing about the 55 related convictions on the 32-year-old's criminal record as Justice John Vertes ruled the record would be too prejudicial. He has already spent 12 of the last 14 years in jail for crimes such as robbery, assault, weapons offences, theft, break and enter, being unlawfully at large and breaching court orders.