Sentencing decision deferred for man connected to Battleford attack

“There is no suggestion that anyone at Ms. Sunchild’s residence was involved,” Larocque said,

After finding the bag, Adam roamed around the backyard, at times taking his hoodie off, “as though looking for a confrontation,” Larocque said. “Apparently police had been contacted about the theft, but Mr. Lesmeister was unsatisfied with the response… and was going to seek some violent vigilante justice.”

In the video, Lesmeister was seen shouting at the victim, Tootoosis, a young Indigenous man. Lesmeister mounted the bumper of the victim’s pick up truck in the process and threw “a sucker punch,” as the Crown said, to the victim’s face. After Tootoosis fell to the ground, Lesmeister pulled his hair and kneed or used his leg to strike the victim in the head. Larocque said the attack ended up breaking Tootoosis’s nose.

Larocque recommended a three-month conditional sentence order, served in the community, followed by 12 months of probation. He also suggested restitution of $16,000, as the victim, who is self employed, lost income as a result of his injury. The conditions for the sentence order would include a ban on Lesmeister being in possession of alcohol or cannabis, and an order to take anger management counseling, and to have no contact with the victim.

In reading his victim impact statement, Colby Tootoosis, said as a result of the attack he incurred a broken nose and couldn’t work.

As well, as another aggravating factor, Tootoosis’s then six-year-old daughter was inside his truck at the time of the attack, and witnessed the assault on her father.

Tootoosis said, since the incident, he’s been fearful of coming to the Battlefords.

He also believed the attack had some racial motivation.

“I feel the opportunity presented itself to attack an Indigenous man,” he said. “And, Adam Lesmeister took advantage of that opportunity.”

Tootoosis’s partner also gave a victim impact statement covering some of the impact on their daughter who witnessed the attack.

Sunchild, a Battleford resident and lawyer, also provided a victim impact statement.

She said she has since had to leave the area for her safety following the incident.

Sunchild added the Battlefords is no longer a safe place to raise her family.

“We as Indigenous people always need to report where we are and watch out for each other, because people seem to think we are easy targets,” she said.

Defence position

Defence attorney Randy Kirkham recommended a suspended sentence and probation of nine to 12 months, with programming as directed by the probation officer. For restitution, he suggested an amount of $5,000.

“He [Lesmeister] is a good candidate for probation,” Kirkham said.

Lesmeister has no prior criminal record.

Kirkham said the assault was “not racially motivated.”

“It was an instant reaction,” he said, adding that it was not a vigilante act, but an “unprovoked assault.”

Kirkham said his client located the items that he reported stolen – a bag with his cellphone – in the back of the property. However, he could not find his pants with his keys in the pocket that were also in the bag.

He noted his client assumed the victim “had something to do with it [the theft].”

“He [Lesmeister] acknowledged he was quick to make a judgement in error,” he said.

Kirkham added that his client had been the victim of several thefts previously, so was quick to react when he assumed Tootoosis was responsible for taking his bag.

He also explained his client felt frustrated, after notifying the police that his bag with his phone was found on the property, but they didn’t come.

In his submitted letter to the court read by his lawyer, Lesmeister said he apologizes for his actions.

“The actions are not a reflection of my character…,” he said.

“I have made many mistakes but strive to learn,” he continued.

Since the incident, Lesmeister said he has received death threats.

“I am extremely sorry,” he said. “I’ve spent many hours contemplating what happened to me – being fueled by emotion. I’m sorry to let my feelings take over. This experience has changed me.”

Judge Stephen Kritzer, in speaking to the defence, questioned why Lesmeister removed his hoodie before attacking Tootoosis, as though Lesmeister was readying to assault the victim. Kirkham said his client could have just removed his hoodie because it was hot that day.

Kritzer also questioned the words from one of the two letters submitted in Lesmeister’s support. The author of one letter said she would have done the same thing as Lesmeister if she were in that situation.

“We don’t want a repeat [of this type of incident],” Kritzer said.

He said there may be a need to send a message of a general deterrence.

Kritzer also said while the Defence and Crown don’t think the incident was racially motivated, he said when there is a victim who is from a population that “does feel put upon, that it is reasonable they would have that view.”

Kritzer noted it’s a complicated case, and noted he would need time to deliberate before making his decision.

He decided to defer his decision to May 15.

The second accused in the case, Dane Lesmeister , Adam Lesmeister’s son, who was facing a charge of possession of a weapon for a dangerous purpose, previously had his matter diverted to the Saskatchewan Alternative Measures Program. As a result, the charge was dismissed on Jan. 23, 2023.

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Angela.Brown@pattisonmedia.com

On Twitter: @battlefordsnow

by Angela Brown

Sentencing decision deferred for man connected to Battleford attack

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