A dispute between his sister and father prompted James Oscar Nelson to attempt to diffuse the situation, but he ended up assaulting his sister and winding up in jail.
Nelson and his sister live together and their father visited on April 24, 2022, but after a while, the latter two began arguing, Crown prosecutor Rob Parker explained on Jan. 4 in Moose Jaw Provincial Court.
Nelson stepped between them, but his sister was still angry and pushed him away, the Crown continued. He reacted by pushing her into the kitchen, grabbed her by the sweater, headbutted her and punched her in the head. Their father then stepped in to break up the assault.
Officers later arrived and took Nelson into custody, but while in the police car, he spat on the floor. This forced the police to disinfect the car.
There is no dispute that Nelson’s sister made the first physical contact, but his response and the force used were “disproportionate” in comparison, said Parker. His sister was taken to the hospital for precautionary reasons since she had bruising on her cheek.
“While there was some injury, it doesn’t rise to being more than trifling or transient in nature to meet the definition of assault causing bodily harm,” the Crown continued, adding while the sister indicated in her victim impact statement that she was fearful of her brother, she no longer feels that way and wants his no-contact stipulation removed.
While appearing in provincial court, Nelson pleaded guilty to common assault and mischief. As part of a joint submission, he will spend the next 30 days in jail, followed by 12 months of probation. He must also pay his sister $40, but does not have to repay the police for cleaning the cruiser.
Some terms of his probation include keeping the peace and being of good behaviour, reporting to a probation officer, taking assessments or programming for addictions, and taking anger management courses.
Legal Aid lawyer Suzanne Jeanson acknowledged there was tension in the home, while Nelson’s reaction to his sister’s push was disproportionate. During a court meeting in November, the sister made it clear that she wanted contact with her brother so they could work on their relationship.
Nelson was forced to live elsewhere for a while because of his actions, while his sister remained in the home, Jeanson continued. Meanwhile, because of his criminal record, probation should help him address the problematic areas of his life.
Judge Brian Hendrickson accepted the joint submission and agreed to waive the victim surcharge since Nelson could not pay while in jail for the next month.
