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'Vicious' house party attack nets 2.5 year sentence

Brendan-Burke

A Behchoko man with a history of violence was handed a two-year, eight month sentence for a “vicious” attack at a house party that left a man seriously wounded.

Joey Chocolate, 29, pleaded guilty to one count of aggravated assault causing disfigurement in a Yellowknife courtroom last week.

A 14-person jury was waiting in the wings last Tuesday to begin Chocolate's trial, who was charged alongside his father. But before jurors could take their seats, Chocolate – after appearing to painfully mull over the decision for almost half an hour – changed his plea to guilty.

The jury was discharged, and the Crown stayed all charges against Chocolate's father, who patted his son on the back as he left the courtroom.

Chocolate stayed – now convicted of aggravated assault following his plea.

In April of last year, Chocolate was drinking with friends at his father's residence in Behchoko when a woman at the party didn't want another man to go back to her home because he was intoxicated. Chocolate intervened and tried to get the man to stay. The man then pushed Chocolate, who responded with extreme violence.

He punched the male victim several times in the head before throwing him onto a bed. Chocolate choked the man until the victim lost consciousness and fell on the floor.

The man sustained lacerations and bruising to his face and head. He was transported to Yellowknife where he received stitches and had staples placed in his head.

Chocolate has 14 convictions for violent offences. In 2010, he received a three-year sentence for a sexual assault and was convicted of assault with a weapon the same year.

Crown prosecutor Marth Chertkow told the court Chocolate's victim – who is permanently scarred from the attack – is reminded of the assault “every time he looks in the mirror.”

Chocolate's lawyer, Peter Harte, said his client's “chaotic and traumatic childhood,” brought him before the courts.

Chocolate's home life was tumultuous, with his parents often drinking and partying while he was a young child.

“He felt like he had no family – like he wasn't loved,” said Harte.

By the time he was 12, Chocolate had been in 17 different foster homes in and around Behchoko.

Chocolate's early trauma was compacted, Harte said, by behavioural issues – like hyperactivity – that were out of his control.

He was routinely suspended from school, and turned to alcohol and drugs at the age of 11. Chocolate was discharged from a treatment facility at 14, but Harte said he simply didn't receive the resources he needed post-release. At 15 he received his first criminal conviction.

Harte and the Crown put forth a joint-sentencing submission, both calling for a 32-month sentence.

“It would be a mistake to give up hope,” said Harte.

On Wednesday, during Chocolate's sentencing hearing, Justice Julie Thorburn agreed.

She called the act of violence a “vicious” and “very serious overreaction,” but said the “sorry circumstances” of Chocolate's life aren't his fault.

“You need to understand that the hurt and sadness of your youth aren't your fault,” said Thorburn.

“What is your fault is the attack.”

Fighting back tears, Chocolate told the court he wanted to change his life and get back to his young daughter.

“Be the dad to your daughter that your dad couldn't be for you,” said Thorburn.

Thorburn accepted the 32-month joint submission. With credit for time served in pre-sentence custody, Chocolate, who has been behind bars since his arrest last year, will have eight more months left to serve. Once released, he cannot contact the victim and is barred from possessing firearms for 10 years.