Man gets two years for hammer attack
John McFadden
Northern News Services
Monday, June 15, 2015
DENINU KU'E/FORT RESOLUTION
A man has been sentenced to two years less a day jail time after pleading guilty to viciously attacking another man with a hammer in Fort Resolution just over two years ago.
Nicholas Stolzenbach, 27, was sentenced on June 12 by Judge Christine Gagnon in territorial court in Yellowknife. Court heard in a statement of facts agreed to by both Crown prosecutor Jill Andrews and defence lawyer Tracy Bock, that Stolzenbach was partying with friends in a teepee on the evening of May 18, 2013 when he got upset at the victim. The man asked Stolzenbach for a sandwich and that's when Stolzenbach attacked him with a hammer, Andrews said. News/North has chosen not to identify the victim.
"He fell to the ground after he was hit with the hammer and the accused then kicked him twice in the head while he was down, knocking him unconscious," Andrews said.
"The victim eventually regained consciousness and was then medevaced to the University of Alberta Hospital in Edmonton for a C-T scan."
Doctors determined that the man had suffered a fractured skull and a brain injury.
Court heard the victim has no recollection of the attack.
"He still suffers from hearing loss, headaches and neck pain to this day," Andrews told the court.
Stolzenbach was charged with aggravated assault and was released for a court appearance on July 11, 2013, however, he failed to appear. A warrant was issued for his arrest but court was told that Stolzenbach then relocated to Alberta. He ended up facing other charges in Edmonton and was eventually returned to the NWT by police to answer to his charges here.
Court heard that Stolzenbach has 39 previous convictions on his criminal record, including drug and violence-related offences. He received 30 months for a previous aggravated assault where he nearly chopped a man's hand off with a machete, Andrews said. She called for a sentence of between two and a half and three years on the latest charge.
Defence lawyer Tracy Bock suggested that a two-year sentence would be appropriate followed by three years of probation to help Stolzenbach address his personal issues and reintegrate back into society. Court heard he has a common-law wife who lives in Alberta and two daughters, ages 13 and seven.
Stolzenbach apologized to his victim before he was sentenced.
"If I could take it all back, I would. I'm sorry for what happened to him," he told the judge. "I'd like to apologize to the victim and his family. But my family needs me."
Stolzenbach has just over a year left on his sentence after being given credit for his pre-trial custody. He will be on probation for three years after his release, the first year and a half of which he is prohibited from consuming alcohol.
