THUNDER BAY - A man who randomly attacked several motorists with a pipe at a busy intersection in September expressed deep remorse for his actions after pleading guilty to charges and being handed a conditional sentence of three months and 12 months probation.
Douglas Kakekagumick, 47, of Sandy Lake First Nation appeared before Justice Tracey Nieckarz via video in a Thunder Bay courtroom where he pleaded guilty to assault with a weapon and mischief over $5,000.
Having served 55 days of pre-sentence custody, enhanced at a rate of 1.5-to-one or 83 days, Justice Nieckarz sentenced Kakekagumick to a three-month conditional sentence to be served in his home in Sandy Lake First Nation. Restrictions include a curfew to remain in his home at all times with the exception of medical appointments or emergencies, employment purposes, and two hours a week to obtain the necessities of life.
He was also sentenced to 12 months probation at the completion of the three-month conditional sentence.
The incident took place on the afternoon of Sept. 11 when Thunder Bay Police received numerous 911 calls regarding a man attacking vehicles with a pipe at the intersection of Walsh Street and James Street.
Four vehicles were struck, with the cost of damages sustained ranging between $1,000 and $1,680. A 89-year-old woman was also struck in the head and was transported to hospital for treatment of her injuries.
When police arrived on the scene, Kakekagumick refused orders to drop the pipe and officers had their guns drawn. Kakekagumick was subdued with the use of pepper spray deployed by the officers.
According to an agreed statement of facts read to the court, Kakekagumick was in Thunder Bay to receive medical treatment that included surgery. He discharged himself from hospital against medical advice and was under the influence of medication and alcohol at the time of the incident.
“When you left hospital you made a serious error in judgment,” Justice Nieckarz said. “When you decided to consume alcohol you made a serious error in judgment. That behaviour put members of the public and yourself at risk.”
Justice Nieckarz acknowledged that there were several mitigating factors in this case, including Kakekagumick’s medical issues and the trauma of dealing with the recent loss of two family members.
She added that the influence of alcohol may explain some of his behaviour, agreeing with Crown attorney Trevor Jukes who described his actions as dangerous and bizarre but not reducing his blameworthiness in the incident.
Defense counsel, Sharon Scharfe, said Kakekagumick was deeply remorseful for his actions and wishes to write letters of apology to those affected.
“I’m sorry all this happened,” Kakekagumick said when given the opportunity to speak. “I should have listened to my doctor. I am ashamed and guilty. There is nothing I can say that is going to change it. I feel awful.”
No victim impact statements were presented to the court.
Justice Nieckarz also acknowledged Kakekagumick’s admission of guilt and the quick resolution to the matter as another mitigating factor.
The three-month conditional sentence was a joint submission on behalf of the defense and the Crown.
Given the conditions in the Thunder Bay District Jail, as well as the challenges of being incarcerated while still recovering from a medical procedure, Justice Nieckarz agreed that there was no requirement for Kakekagumick to spend any additional time in custody.
Kakekagumick will also be required to submit a DNA sample, as well as being subject to a one-year weapons prohibition with the exception of sustenance hunting under supervision, and restitution order to pay for the cost of damage to the victims.
