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Kapatoan case adjourned until next week

Court briefs
Andrew Livingstone and Tim Edwards
Northern News Services
Published Friday, March 5, 2010

SOMBA K'E/YELLOWKNIFE - The saga of a man who spent most of the past year in custody awaiting mental health assessments continued Tuesday with another adjournment.

Tommy Kapatoan was charged with assaulting a police officer the day after he was released from jail Jan. 6. He had just finished serving a one day sentence for sexually assaulting a 50-year-old woman in February, 2009 after spending most of the year behind bars waiting for a psychiatric assessment in Alberta.

The 21-year-old is now awaiting a mental health assessment to determine whether the Department of Health and Social Services can placed him in a group home.

Last January, the man's lawyer, Dan Rideout, said he was attempting to make such arrangements for Kapatoan because he needed assisted living upon his next release date. Rideout told the court on Tuesday he just recently found someone to perform a mental health assessment on Kapatoan and it wouldn't be completed until next week.

Territorial court Judge Bernadette Schmaltz said if the report isn't completed next week, it might be appropriate for the psychologist to testify before the court at Kapatoan's next appearance, scheduled for March 11.

- Andrew Livingstone

Youth gets probation for break-and-enter

A 17-year-old received nine months probation and is required to pay $143.97 to the city after pleading guilty on Wednesday to breaking into the Multiplex arena last year.

The youth was arrested on June 24, 2009 after police found him outside the Multiplex. He had damaged a window in the canteen and two doors.

The youth also pleaded guilty to three counts of breaching court orders after his release on the break and enter charge. He was arrested for breaking his court-ordered curfew of 9 p.m., on Aug. 15, and again on Sept. 25 for breaking the curfew and being intoxicated.

"It's the Crown's concern (the youth) seems to be venturing down a dangerous road," Crown attorney Glen Boyd told the court, adding he "seems to lack structure and supervision in his life."

Defence Attorney Stephen Shabala said the youth has turned his life around since last year, and is now attending school regularly, something he hadn't done prior to the charges. Justice Bernadette Schmaltz said she hoped "this was just a slip" and told the youth to "stay on the right track."

The youth is also required to perform 50 hours of community service and be in his place of residence from 10 p.m. until 7 a.m. unless given written permission by his mother.

- Andrew Livingstone

Two in court for child porn

Two men were in court on Feb. 23 for child pornography related charges.

Harold Jerome Wedgerfield had pleaded guilty to possession of child pornography on Feb. 16. He is scheduled to be sentenced on April 29. Territorial court Judge Christine Gagnon ordered a pre-sentencing report be prepared by April 26.

Robert McMullen, who is facing one count of possession of child pornography and two counts of failure to appear in court, had his case adjourned until March 30. He will remain in custody until then.

- Tim Edwards

Jail time no-show

A 51-year-old man serving a jail sentence on weekends was in hot water this week. The man had served 36 days of his 90 day sentence for an assault last May when he failed to appear for his jail dates.

"He has made his appointments the best he could," said Peter Fuglsang, Gordon's defence lawyer. "He put in 18 weekends."

Fuglsang said Gordon's employment insurance ran out and he had to take a job in Tuktoyaktuk to bring in some income, and could not return to serve his sentence because he was weathered in.

Justice Christine Gagnon ordered the man to serve the remainder of his time consecutively, and tacked on 15 more days.

- Tim Edwards

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