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Assaults net men time in jail

Terry Halifax
Northern News Services

Yellowknife (Mar 21/03) - Two men are off to jail after beating two women while on parole from previous assaults against the same victims.

In territorial court Monday, Barry Elias, 22, pleaded guilty to assault causing bodily harm, but disputed the victim's statement where she said she was choked to unconsciousness.

"He grabbed me by my neck with both hands ... he choked so hard that I couldn't scream," the woman testified. "I thought he was going to kill me."

She testified that when she awoke, she was bleeding from a gash above her eye and was prevented from leaving the scene of the assault.

Defence attorney John MacFarlane argued that the two were drinking and the victim's memory of the assault was questionable.

Deputy Judge Waschowich sided with the victim's version of what happened and convicted Elias.

Regarding sentencing, Crown attorney Brent Lepage pointed to a previous conviction of assault against the same victim after which Elias served 30 days in jail, and noted his history of violence offences.

Waschowich sentenced Elias to four months jail and nine months probation. He is ordered to have no contact with the victim during that time.

Woman's ribs broken

In an unrelated case, Peter Semmler, 39, was sentenced to a year in jail and a year probation for aggravated assault.

Semmler pleaded not guilty, but was convicted following a short trial with four witnesses.

The victim told the court she had been assaulted twice by the defendant, who was still on parole for assaulting her. She said the accused had broken her ribs and one week later, threatened to put her in a coma if she pressed charges again.

She recalled how Semmler beat her again one month later.

"He started cursing at me and then started punching me in the face," she said, adding that when she tried to leave, Semmler dragged her back into the apartment by her hair.

Semmler denied that the two assaults and the threat ever took place.

The Crown listed a lengthy record of numerous violent assaults dating back to 1979.

Semmler's jail time will be reduced by the three months he's served in jail awaiting trial. He was ordered to have no contact with the victim.