Hospital staff’s help of assault victim earns accolade from judge

Ajudge commended staff at University Hospital of Northern B.C. for finding a way to separate a woman from her attacker after she suffered an extensive beating. In sentencing Kolby Jay Wheeler Yax, 33, on Thursday, provincial court judge William MacDonald said he had to give “some considerable credit” to nurses and physicians for recognizing the situation and deploying a ruse in the form of a “fake test” to get her out of his control.

“It was pretty obvious from the circumstances, as well, that Mr. Yax was doing everything possible to make sure that didn’t happen and that she didn’t get away from him,” MacDonald said.

“He wanted to be present at all times when other people were with her and refused to leave the nurses, etcetera. All that is an indication, in my view, of the control that he was exerting over her at the time.”

The two were using drugs when Yax launched the attack in May 2016, issuing a series of beatings, the court was told. Because the two had been living together – the woman goes by a different last name – it was considered an incident of spousal assault.

In all, 17 photos showing extensive bruising to her face, arms and legs were presented during the hearing. That she also suffered a wound to her toe bad enough to require stitches may have been her saving grace because that was why she went to the hospital.

That the woman admitted to assaulting Yax the day before was no excuse in MacDonald’s view, saying it “doesn’t really take away” from Yax’s responsibilities, and noted she was the smaller and weaker of the two.

It wasn’t the first time Yax had committed such an act. Indeed, he had just completed jail terms for two previous assaults on women. With that in mind, MacDonald decided to issue a step up from the respective two and three month terms Yax had received for those offences and opted for six months, less credit of 59 days for time served prior to sentencing, followed by 18 months probation.

Defence counsel had pushed for time served followed by one year probation emphasizing the delay in dealing with the matter and consequent hardship Yax endured when Crown also pursued a charge of sexual assault on the matter. MacDonald eventually dismissed the count following a two-day trial in September.

Crown had argued for six to nine months in jail and 18 months probation and MacDonald opted for the low end of that suggested range for the jail term.

Agreeing to treatment for addiction to methamphetamine was part of the conditions of probation as was a requirement that Yax notify his probation officer and physician if he chooses to stop taking medication for schizophrenia.

Yax also suffers from a brain injury from a childhood injury but that appeared to hold little weight with MacDonald who said he “obviously has to change his lifestyle and not be involved with drug people.”