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Second conviction in stabbing attack 19-year-old man sentenced to time served for assault last November
Daniel Campbell
Northern News Services
Published Friday, September 13, 2013
SOMBA K'E/YELLOWKNIFE
Tyson Ruben-Boucher told his lawyer he was trying to protect his mother when he attacked a 44-year-old man in a Fort Gary apartment unit last November.
Deputy Judge Brian Bruser sentenced Ruben-Boucher to nine months in jail, plus two years probation for his role in the assault.
Ruben-Boucher won't serve any more time for assaulting the man with a soup can inside a sock, since he's been in custody for nine months already. He was given one and a half days for each day he's already served, meaning he's served the equivalent of 13 and a half months already.
"It's not necessary he serve any more time," said Crown prosecutor Marc Lecorre, in a joint submission with the defence.
Bruser agreed after hearing submissions from defence attorney Peter Harte about Ruben-Boucher's tough childhood and his potential for having fetal alcohol spectrum disorder.
On Nov. 29 Ruben-Boucher, his brother Dean Ruben, their mother Nancy Ruben and three others - including the victim - were drinking and smoking marijuana in a Fort Gary apartment. According to an agreed statement of facts, Ruben-Boucher got into an argument with the victim over cigarettes in a bedroom.
Ruben-Boucher told his lawyer he was concerned the victim was "being physical" with his mother. The victim pushed Ruben-Boucher out of the bedroom, but he returned with his mother and the others to confront the victim.
Using a soup can inside a sock, Ruben-Boucher struck the victim after the others had allegedly punched and beaten the victim. The victim then knocked out 19-year-old Ruben-Boucher with one blow.
Shortly after, Dean came into the bedroom. Upon seeing his younger brother unconscious on the floor, Dean flew into a fit of rage. He punched the victim, then pulled out a switchblade and stabbed him 14 times.
Dean Ruben was sentenced to 22 months in jail on Monday for the aggravated assault.
Bruser was ready to release Ruben-Boucher to begin his two-year probation, but Harte noted his client still needs to remain in custody for another matter.
Ruben-Boucher is also charged with sexual assault. He's scheduled to appear in Supreme Court in Yellowknife for a five-day jury trial on Feb. 3, 2014. Harte told the deputy judge he's looking to have his client released on bail shortly.
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