Violence has harmed race relations: judge

A 20-year-old man received a 12-month jail sentence and a 10-month conditional jail term in territorial court Friday after pleading guilty to charges of extortion and aggravated assault.

A 20-year-old man received a 12-month jail sentence and a 10-month conditional jail term in territorial court Friday after pleading guilty to charges of extortion and aggravated assault.

Aaron Greywolf Smarch was also given two years’ probation and ordered to pay $3,726 restitution to his victims.

Smarch was 19 at the time the offences took place on May 21, 2007.

On that Victoria Day weekend, two young couples were camping in the Carcross Desert while Smarch was among a group of youth riding dirt bikes through the desert, court heard.

Smarch was identified as the leader of the group. He was charged in relation to three incidents in which the campers were “terrorized” and subjected to a “nightmare of horrific proportions,“ Judge Donald Luther said in his decision.

In the first incident, one of the campers was punched in the face and suffered a broken nose.

When Smarch and the other members of the group returned, they demanded money and beer.

The campers handed over $70.

The camper who had already sustained a broken nose was punched in the face again, breaking his jaw.

When Smarch and his group returned to the campsite a third time, a second male camper was kicked in the head, rupturing his eardrum.

The four campers fled the scene following the incidents and went to the local nursing station in Carcross before being treated at the Whitehorse General Hospital.

Crown counsel Samantha Oruski said the attacks were “akin to a home invasion” and wouldn’t be “nearly as serious” if Smarch had not returned to the campsite three times.

Oruski asked for restitution in her submission for expenses the four complainants incurred as a result of the assault.

The camper whose jaw was broken sustained $1,226 in dental bills after having his jaw wired shut for six weeks.

Oruskin also asked for compensation for $2,500 the campers had to borrow from family members following the attack due to the inability to work.

Oruskin also cited the extorted $70 and $40 for sweatshirts ruined by bloodstains as expenses deserving of compensation.

Oruskin asked for a jail sentence of two years less a day in her submission, and three years’ probation.

In her submission, defence lawyer Emily Hill said the offence is “clearly very serious” and had “terrible consequences.“

Hill said the offence was “out of character” and that Smarch, who has no prior criminal record, has “a lot to look forward to and a lot to offer his community.“

Hill said alcohol “had a big impact on what happened that night” and that Smarch doesn’t remember the incident very clearly.

She said Smarch feels “embarrassed and shameful” about the incident and feels “genuine remorse.“

Hill asked for a 12- to 18-month conditional sentence and two years’ probation.

Smarch’s father, Keith Smarch, was present at the court proceedings and said he was “shocked” and “horrified” to hear of the injuries the campers sustained in the attacks.

He added that he thinks his son is ashamed of what he did and should “face up and work in the community” instead of going to prison.

Keith Smarch’s partner, Donna Geddes, was also present and said she has “never seen Aaron be violent in my entire life.“

Smarch stood up to apologize to the four complainants, but was too overcome with emotion to finish his statement.

In his decision, Luther said “the gravity of the offence is very high” while acknowleding that Smarch is “a very promising young man with no previous record. He has substantial prospects for rehabilitation.“

Luther said if the offence had included only one or even two violent attacks on the campers, he may have considered a conditional sentence. But after three violent incidents, he said, “definitely not.“

In reviewing the case precedents Oruski and Hill submitted, Luther said he thinks previous judges have “shown too much concern in placing (young offenders) in the company of experienced criminals.

“The Whitehorse Correctional Centre is not a graduate school of crime,“ Luther noted.

Most offenders in the facility are “unsophisticated” and incarcerated for predominantly violent and property-related offences committed while under the influence of intoxicants, he added.

Luther said he is not satisfied Smarch fully understands the consequences of his behaviour or the effect his actions have had on the complainants.

Luther read excerpts from the victim impact statements each complainant submitted in his decision.

“The incident has made me afraid of all natives I see. I have never been a racist person (before),“ read one of the statements.

“I am not the same person I was before this incident,“ read another statement.

“This shouldn’t have happened. This incident has put a strain on my marriage and made me into a scared, angry, racist person.“

Another statement said, “I received two black eyes and a burst right eardrum. I was shocked and amazed when this happened. This kind of behaviour is unheard of.“

In the fourth statement Luther quoted from, the complainant said he sustained a broken nose, broken jaw and bruised legs.

The complainant said he could not talk to his loved ones, brush or floss his teeth, or eat properly during the six weeks his jaw was wired shut.

The complainant said his nose was disfigured as a result of the attack, and he is reminded of the incident every time he looks in the mirror.

Luther said the offence has also caused harm in the local community and is a “setback in race relations.“

Luther addressed Smarch directly in his sentencing.

“It’s really unfortunate you put yourself in this position. You have a long life ahead of you,“ he said.

Luther ordered a $100 victim fine surcharge, a 10-year firearms prohibition, and a DNA order for Smarch.

Smarch was also ordered to write separate, 500-word letters of apology to each of the four complainants.