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COURT BRIEFS: Liquor store smash and grab nets jail time

Brendan-Burke

A Fort Good Hope man who broke into a Yellowknife government office three weeks after breaking into the city’s downtown liquor store received a six-month sentence in NWT territorial court Wednesday.

Thirty eight-year-old David Maniyogina, who pleaded guilty to the charges, told Judge Garth Malakoe he takes full responsibility for the pair of break-ins, which, he said, were spurred by his battle with alcoholism.

In the early hours of May 26, the court heard, Maniyogina smashed the window of the Yellowknife Liquor Store – located on 49 Street – before fleeing with several bottles of stolen alcohol.

Maniyogina was seen running away from the scene before police located him hiding behind a car near Boston Pizza. The pilfered product, stained with the man's blood from breaking the store's window, was seized.

In mid-June, Maniyogina committed another break-in – this time at the Northern Affairs Canada government building. An employee reported multiple pieces of artwork stolen from a cubicle. Surveillance video of man matching Maniyogina’s description showed him smashing one of the stolen pieces outside of the building. His prints were found at the scene.

Maniyogina was intoxicated during the break-ins and remembers little about the incidents, but accepts he committed the crimes.

His lengthy criminal record includes 10 convictions for breaking and entering.

Malakoe said they weren’t victimless crimes, reminding the defendant that it’s often the consumer who is left to cover the costs of lost product and damaged property.

Citing the defendant's tumultuous background – highlighted in a 20-page pre-sentence report – and his guilty pleas, Malakoe handed Maniyogina a global sentence of six months in custody for the break-ins and probation breach from January.

Upon his release, Maniyogina will be on probation for one year and must complete 48 hours of community service. With credit for time served in pre-trial custody – 121 days – Maniyogina will spend another 61 days behind bars.

Yellowknife man acquitted of assault, theft

A 34-year-old Yellowknife man was acquitted of assault and theft following a one-day trial in NWT territorial court Wednesday.

Greg Sim was found not guilty of assaulting a man and stealing his cigarettes after he was accused of carrying out a late-night attack in Yellowknife in May of last year.

The complainant took the stand to identify Sim as the attacker. He testified he was walking home after a night of drinking with friends when Sim pushed, hit him and stole his cigarettes.

He had told police the man who attacked him had no facial hair.

But Sim couldn’t have been the perpetrator, argued his lawyer Jay Bran, as he has worn a mustache for years and doesn’t smoke cigarettes.

Bran maintained the complainant had actually met his client months before he said he had, when he was introduced to Sim by the defendant’s aunt, who was dating the complainant at the time.

Judge Garth Malakoe said he had no doubt the man was assaulted that night, but that a lack of evidence identifying Sim as the attacker prevented him from convicting the defendant.

Man charged in downtown stabbing back in court

An Inuvik man charged in a stabbing at a busy city intersection made a brief appearance in a Yellowknife courtroom Wednesday.

Kurtis Thrasher, 34, is charged with aggravated assault and failing to comply with an undertaking in connection with a July 27 stabbing that left a man with gashes to his head.

The victim, a man in his 30s, was medevaced to an Edmonton hospital following the incident, a source told Yellowknifer.

Thrasher, who is still wearing a bandage on his hand, was also treated for injuries.

The accused is barred from communicating with two individuals.

Thrasher, in custody since the incident, is due to appear in court Friday for a show cause hearing.