(File photo/paNOW Staff)

By Nigel Maxwell

Prison assault

‘It was a split second decision’: man receives two years less a day for prison assault

Apr 17, 2020 | 3:22 PM

A man who was involved in a seven-on-one assault at the Saskatchewan Penitentiary nearly three-and-a half years ago, says he wishes he could take it all back, and claims gang life ruined him.

Last January, Darren Nilsson, 33, pleaded guilty to aggravated assault. During a hearing Friday afternoon at Prince Albert Court of Queen’s Bench, Nilsson received two years less-a-day for his role in the assault, which took place in a hallway at the prison on Sept. 12, 2016. The sentence, which includes one year of probation, will likely be served at a provincial jail, and will start after Nilsson’s current federal sentence expires in January, 2021.

“I wish I could take it back” _{– Darren Nilsson}

According to the statement of facts read in court by Crown Prosecutor Linh Lê, seven members of the same gang assaulted a fellow inmate, who was not a member of their gang. The incident, which was allegedly provoked by the victim, lasted less than two minutes and was broken up by correctional officers.

A total of nine handmade weapons were later recovered. None of the inmates involved provided statements to police, Lê said.

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The victim suffered multiple puncture wounds to his neck and chest area, but the injuries were not considered life threatening and he was released from medical care within three days after the incident.

Defence lawyer Kathy Hodgson-Smith, who initially made a submission for a two-year sentence, explained her client’s involvement in the assault was limited to 20 seconds. She said security camera footage showed what appeared to be hesitancy by Nilsson before getting involved. Nilsson was afraid if he did not get involved, he would face retaliation, she said.

“I realize I put myself in that situation but it’s all a moot point now. I don’t report to anybody,” he said. “They are not worried about me.”

“A message must be sent to Mr. Nilsson that your criminal behaviour must stop,” _{– Justice Gary Meschishnick.}

One of the arguments in court, and a factor in sentencing was whether Nilsson was in fact still associated with the gang. The Crown said she had information from a Security Intelligence Officer (SIO) at the prison who said he was, but both the defence and Nilsson argued he had taken considerable steps since the incident to disassociate himself from the gang. Nilsson explained he removed all the related tattoos, and took part in a number of programs including Alcoholics Anonymous and Str8 Up, a program which helps men and women who want to leave the gang lifestyle.

“At the end of the day it comes to whether SIO’s believe you or not,” Nilsson said to Justice Gary Meschishnick.

During his time in custody, Nilsson completed the requirements for his high school diploma (GED) twice, and expressed multiple times in court how much he regrets his actions. He also stated in the days after the incident, he apologized to the victim.

“It was a split second decision. I wish I could take it back,” he said, on his involvement with the fight.

Co-accused Dallas Bird, 30, and Tyler Vandewater, 33, who were considered more involved in the assault, received a three-year and four-year jail sentence respectively. The Crown was initially seeking a three-year sentence for Nilsson because of his lengthy criminal history including convictions for break-and-enters, and assaults with a weapon.

Nilsson has been in custody since 2012, and was serving a conviction related to an armed robbery at the time of the assault. He acknowledged the gang life led to bad decisions and he wants to change his life.

“I understand what direction I want to take my life in,” he said.

The timeline of events since the incident has been a story in itself. According to both the Crown and defence, one of the sticking points in resolving this matter has agreeing on an appropriate sentence length.

A mistrial was called very early into the proceedings last April after multiple jurors cited safety concerns over a gang-related trial. A second trial was set for last January, but was cancelled after Nilsson pleaded guilty.

The decision

Justice Meschishnick said there were several mitigating factors which contributed to the sentence decision, including Nilsson’s remorse and work to better himself.

“Mr. Nilsson you are intelligent and capable of a successful lifestyle,” he said.

Meschishnick also noted previous lengthier sentences imposed on Nilsson didn’t have the desired effect. He said probation would give Nilsson the opportunity to prove himself as reformed.

“A message must be sent to Mr. Nilsson that your criminal behaviour must stop and will not be tolerated. A similar message must be sent to those who are incarcerated that the law of Canada applies in prisons,” Meschishnick said.

Unresolved matters

Tyler Vandewater, who according to the evidence was found physically on top of the victim making punching motions, and disobeyed initial commands by correctional officers to stop, was recently convicted in the death of his cellmate Chris Van Camp in June, 2017.

The matter is scheduled for sentencing on June 5.

Nilsson was among the two witnesses who testified for the defence at Vandewater’s trial last February.

—

nigel.maxwell@jpbg.ca

On Twitter: @nigelmaxwell