Sex offender faces seven-year's jail time
Judge recommends man be allowed to serve sentence in the North, but Justice department won't say if that will happen
John McFadden
Northern News Services
Monday, April 13, 2015
KAHBAMIUE/COLVILLE LAKE
It remains unclear where sex offender James Tutcho will serve his seven-year prison sentence following his conviction on seven counts of sexual assault over an 18-year period.
The 50-year-old former Colville Lake band councillor was sentenced to seven years in prison by NWT Supreme Court Judge Shannon Smallwood April 1. Smallwood recommended Tutcho be allowed to serve his term in the territory. People who are sentenced to more than two years in custody are usually sent to federal penitentiaries down south.
Tutcho was convicted Feb. 12 for the crimes committed on three different victims between 1995 and 2013. The youngest victim was eight-years old. There is a publication ban on any evidence that could reveal the identity of any of the victims.
An official with the Department of Justice says it is still reviewing its options as to where to incarcerate the man. She wouldn't say whether the department would honour the judge's request.
"We have some inmates serving federal sentences at our facilities as we have reciprocal agreements to keep those inmates whose programming needs we are able to meet in the North," said Sue Glowach, the department's senior communications adviser. "We are unable to speak to the location of specific inmates."
Tutcho sat with his head bowed for most of the sentencing hearing.
One of his victims, who is now in her 30s, read from her victim impact statement and told the court that her innocence was lost when the abuse began. It led to her first consuming alcohol at age 12 and left her with a feeling of unworthiness, she said. Despite that, the woman said she had forgiven Tutcho and requested the judge not send him to a southern institution.
"Placing him in the North would be better. Sending him south would make it worse. It's more important that he gets help than he receive a lengthy sentence," she told the judge.
She also said Tutcho seemed to be fine when he wasn't drinking.
Crown prosecutor Jeannie Scott had asked for an eight-year sentence.
Tutcho's lawyer Serge Pettipas had called for a sentence of between four and five years.
Scott pointed out that Tutcho had a relevant prior conviction in 1994 of a single count of sexual interference. He received 60 days in jail and a year's probation for that.
Prior to sentencing, Tutcho addressed the court.
"I want to say sorry to everybody involved. I wish I could turn back the clock but I can't," he said.
Tutcho was also placed on a 20-year order prohibiting him from having any contact with children unless he is under the supervision of a sober adult.
He also has a 10-year firearms prohibition which takes effect once Tutcho is released from custody.
