ATHABASCA — An Alberta judge expressed incredulity but ultimately granted a proposed Crown sentence for a young man who injured a family member with a machete while angry and intoxicated.
In Athabasca Court of Justice Jan. 27, newly 18 Braiden Gladue pleaded guilty to one count of assault with a weapon from a video conference cell at the Edmonton Remand Centre.
Gladue has been in custody since Jan. 11, when he was found and arrested by police after search efforts to find the young man the day before were unsuccessful.
On Jan. 10, an angry Gladue arrived at a Calling Lake residence with a large machete in hand, court heard. He started an argument with one of two female family members at the residence, and the second intervened.
Gladue pushed the machete towards one of the ladies, resulting in a cut finger requiring a stitch. Police were called and statements from witnesses were taken the same day.
Crown prosecutor Matthew Kerr submitted Gladue’s criminal record as an aggravating factor, which contains recent convictions for youth matters, but lacks a history of violence.
He suggested a sentence of 30 days plus a year of probation with conditions to attend assessment and treatment for addiction and anger management, non-contact and non-attend orders for the victim, and not possess or carry any knives.
“This is one of those sentencings that is a bit difficult to conceptualize,” said Justice Gregory Rice. “An assault with a weapon, obviously that’s a serious charge.”
“It’s a family member, he was angry, he was intoxicated, and all he did maybe was cut her finger. But this could have been so, so much worse. Honestly this should be five months, six months anyway. It could be nine, it could be a year if the facts were any worse, such that he was brandishing it, swinging it. So 30 (days) is pretty low.
Gladue’s defense lawyer Jerred Moore suggested an even shorter sentence as per his client's wishes.
“He’s instructed me to request that the court consider a period of time served,” said Moore.
At the time of the court appearance, Gladue had spent 17 actual days in custody, and received credit for 26.
“Mr. Gladue also requested that I advise the court he doesn’t recall the circumstances of what went on because of his intoxication, he does know that he has an alcohol problem,” said Moore.
“He has advised that he wants to go to treatment on his own and go back to his culture, do more sweats, hunting, and culture.”
Moore emphasized the minor nature of the injury received, and highlighted the difference between a push and a swing of a machete.
“I’m not going to go above the Crown, but wow, this is so bad,” said Rice.
“It was a push and a nick to her finger, one stitch. But on the other hand, it’s machete,” he added. “It’s not as bad as some that we see with assault with a weapon, but it’s certainly up there.”
Rice granted Kerr’s ask of 30 days plus probation, and mandated Gladue provide police with a DNA sample. Gladue was left with four days to serve and 12 months’ probation.
“This is an assault with a machete. People die,” said Rice.
