The tragic tale of an insult between cousins leading to the death of one at the hands of the other played out in NWT court Monday.
The prosecution argued in a Yellowknife courtroom that the repeat offender convicted of manslaughter in the death of Mark Poodlat last fall should spend six years in prison.
Victor Ugyuk, 32, was charged for an assault outside the Day Centre and Sobering Centre on Sept. 3 that led to the in-hospital death of Mark Poodlat, 36 on Sept. 25. Court heard they were cousins.
Facebook photo.
Ugyuk punched Poodlat eight times in the face after Poodlat apparently made a comment about Ugyuk and his friends being like the Three Stooges.
Both were very intoxicated at the time of the assault.
Paramedics took Poodlat to Stanton Territorial Hospital and later medevaced him to the University of Alberta Hospital, where he died on Sept. 25 from swelling in a major neck artery due to blunt force trauma, an autopsy revealed.
Alcohol is also thought to be a contributing factor to exacerbating Poodlat's head movement, which further injured the artery. PoodlatSA国际影视传媒檚 blood alcohol concentration was three times the territorySA国际影视传媒檚 legal limit for driving.
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Guilty plea in downtown beating death of Mark Poodlat
'Bring back a just and safe society'
Manslaughter, a homicide that occurs without the intent of killing the victim, has a range of possible sentencings, as each case and circumstance is unique.
Crown lawyer Angie Paquin suggested Ugyuk serve six years in prison.
She said that while SA国际影视传媒渘o court sentencing will bring back the life of Poodlat, the purpose is to bring back a just and safe society.SA国际影视传媒�
SA国际影视传媒淪entencing sends a message about societySA国际影视传媒檚 view of certain behaviours,SA国际影视传媒� said Paquin. "A strong message needs to be set. It is unacceptable.SA国际影视传媒�
Paquin noted Ugyuk's 44 previous convictions, 18 of which were violent offences, and that Ugyuk was on two different probation orders at the time of the assault.
She said that UgyukSA国际影视传媒檚 SA国际影视传媒渧iolent historySA国际影视传媒� puts him on the path of being designated a long-term offender and dangerous offender status if he doesnSA国际影视传媒檛 change his behaviour.
While Paquin acknowledged that Ugyuk was SA国际影视传媒渟omewhat tauntedSA国际影视传媒� by the victim, SA国际影视传媒渋t does not equal provocation.SA国际影视传媒�
She described the altercation as three SA国际影视传媒渟equencesSA国际影视传媒� of assaults where Ugyuk punched Poodlat eight times in six minutes. The court saw the three incidents as they were captured on security cameras. Paquin described Poodlat turning his head and keeping his hands behind his back as proof SA国际影视传媒渢here was never a consensual fight.SA国际影视传媒�
'Someone in need of help'
The Crown and defence lawyers both acknowledged the caseSA国际影视传媒檚 relevant Gladue factors and UgyukSA国际影视传媒檚 troubling past.
Ugyuk grew up in Taloyoak, Nunavut. He lived mostly with his aunt and uncle, but defence lawyer Jay Bran told the court that the offender's aunt recalls something happening after Ugyuk went to stay with his mother at age 14. When he came back, Ugyuk got into drinking, started skipping school and was apparently never the same.
While Ugyuk never went to residential schools, his mother did.
He was apparently violent with his spouse.
In 2012, Ugyuk lost his spouse and two children in a house fire in February thought by to have been started by the childrenSA国际影视传媒檚 mother. Afterwards, Ugyuk relocated to Yellowknife.
SA国际影视传媒淲hen we look at all of his background and personal circumstances, weSA国际影视传媒檙e dealing with someone in need of help,SA国际影视传媒� Bran said.
Ugyuk has also spent time in psychiatric facilities, in 2014 and 2017. He has been diagnosed with depression, intermittent explosive disorder and alcohol dependency.
He admits that he has not always taken the medication he's been prescribed but that, Bran said, "he knows he has to stay on them to be in the best state mentally and avoid future altercations, which he now knows has clear consequences."
Bran suggested that Ugyuk serve a sentence of three-and-a-half to four-and-a-half years and that a six-year sentence could have SA国际影视传媒渁 crushing effect on him, given his background.SA国际影视传媒�
Bran told the court that Ugyuk is hoping to move back to Taloyoak to be close to his family and the culture he grew up with. He said Ugyuk would like to serve his sentence in a facility in southern Canada where programs and treatments may be more available to him.
He says that UgyukSA国际影视传媒檚 early guilty plea should also be SA国际影视传媒渆xtremely mitigatingSA国际影视传媒� and shows he took early responsibility for his actions.
Addressing the court, Ugyuk apologized to PoodlatSA国际影视传媒檚 mother, who was present.
SA国际影视传媒淚t was never my intention to hurt Mark,SA国际影视传媒� he said. SA国际影视传媒淗e was a relative of mine, though we did have our ups and downs. I should have just turned my back and walked away.SA国际影视传媒�
Friends of Padloot remember him as a kind and funny peacemaker.
Justice Louise Charbonneau will deliver her sentence on Friday afternoon.
