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Nose biter sent to prison
Out-of-the-blue attack in Fort Smith draws sentence of five-and-a-half years

Danielle Sachs
Northern News Services
Published Monday, January 28, 2013

SOMBA K'E/YELLOWKNIFE
A biting attack that left a Fort Smith man missing part of his nose has landed his assailant in prison.

Herman Peter Thorn, 43, pleaded guilty to two assault charges and was sentenced on Jan. 21 by Supreme Court Justice Karan Shaner, who described the incident as extremely violent and unprovoked.

A charge of resisting arrest was withdrawn.

On June 2, 2012, Thorn was arrested after biting another man. While handcuffed, he kicked an RCMP officer who was responding to the violent incident on Field Street in Fort Smith.

Crown and defence lawyers asked for a sentence of five-and-a-half years - five for the assault on the victim and six months for the attack on the RCMP officer.

According to the facts presented by Crown prosecutor Jacqueline Porter, on June 2 the victim was walking home along Field Street during the early morning hours.

He passed by an ex-girlfriend's house and saw her uncle smoking outside. Since the two were friends, the victim stopped to visit and went inside to use the bathroom.

After hearing a noise upstairs, he went to investigate and saw the offender sleeping on the couch. The two were acquaintances and, initially, the victim said he was happy to see him.

"I'd met him before and he seemed like an all right guy," the victim, who preferred not to have his name published, told News/North last week. "We spent an entire night playing pool and I'd wave to him on the street or sometimes share a smoke with him."

Then, that early morning, Thorn quickly jumped off the couch and started approaching the victim. The victim shoved him backwards, trying to get him to stop but Thorn bit his face, severing a piece of his nose before biting his hand.

The Crown presented Thorn's lengthy criminal record to the court, many of the crimes being violent offences, said Porter. She said the June attack - for which a motive was never explained - left the victim with a permanent facial disfigurement.

Porter also mentioned that Thorn, was serving a three-year probationary period and he had been ordered to keep the peace at the time of the attack.

Michael Martin, Thorn's lawyer, outlined some of the difficulties Thorn has faced, including attending residential school for two years in Saskatchewan, where he said there was abuse. Thorn also grew up in a home where both parents drank heavily and went to live with his grandparents when he was 10 after his father killed his mother during a drunken rage.

"Five years is a long time, but it's warranted in these circumstances," Shaner said during sentencing. "The attack resulted in a disfiguring facial injury causing pain and stress."

In addition to the prison time, Thorn will be banned from owning firearms and other weapons for 10 years. He also has to provide a sample to the DNA database.

The court appearance on Jan. 21 was the first time the victim had seen Thorn since the attack.

"I felt kind of sorry for him and felt kind of guilty but after hearing his background I don't anymore," the man said. "I feel that there's a weight off my chest and I can get some closure."

Shaner said she was glad to see Thorn had already been taking some counselling sessions during his time in custody.

"It's not too late to change," she told him in court. "You're the only person who can do it."

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