Man sentenced to time served on assault charge

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This article was published 15/08/2025 (223 days ago), so information in it may no longer be current.

A Brandon judge sentenced a Canukawakpa Dakota First Nation man to five months time served after he pleaded guilty to assault causing bodily harm in a Virden provincial courtroom on Friday.

Elvis Higheagle, 38, originally pleaded not guilty to the charge and had the matter set down for trial. After being presented with a joint recommendation from the lawyers, he decided to instead plead guilty.

Higheagle has been in custody for 135 days, which at enhanced credit equals 203 days — longer than the jointly recommended sentence of five months.

Crown attorney Sarah Kok read the facts behind the guilty plea.

Manitoba First Nations Police Service in Canukawakpa received a call that someone had been assaulted and needed medical attention on April 3.

When officers got to the residence, they spoke with Higheagle’s brother, who had also allegedly been involved in an assault but told police to check on another man who he said Higheagle “beat up pretty good.”

In the meantime, officers found and arrested Higheagle. Both Higheagle and his brother were highly intoxicated. Police went next door to check on the victim and found him sitting on the couch.

“They’re able to see that there is blood running down his face that appears to be coming from his neck, his ear and his nose … a cut across the left side of his face. Numerous bruises on his body, and what appears to be a dislocated or a broken wrist at that point,” said Kok.

The victim gave a brief statement to police. He said he was hanging out with Higheagle earlier that day and at one point they started arguing about how they had both just got out of custody.

They went into the victim’s living room, where Higheagle started to assault him by kicking him in the head, face and body.

“(He) indicates he can’t remember exactly how many times he was kicked but said that it was nonstop,” Kok said. “He’s not sure whether or not it was from being kicked or being punched, but that he started bleeding from his face.”

The victim was able to escape the residence and go to a friend’s place, which is where police found him. He was then transported to the hospital.

Kok said that while the Crown didn’t receive any medical report of the victim’s injuries, she said they were not minor and is content that Higheagle agreed he caused the injuries that were photographed by police.

With a medical report, Kok said the Crown may have proposed a higher sentence.

Kok said his guilty plea is a mitigating factor since it spares the court resources, and there was no guarantee the victim would have shown up to testify if it went to trial. However, she said his “extremely lengthy and related” record is aggravating.

Defence lawyer Jonathan Richert said Higheagle, along with many of his family members, have struggled with addictions and substance abuse.

“I would say that it is the primary cause of most or all of his interactions with the criminal justice system,” he said.

Richert said Higheagle has acknowledged this and signed himself up for a treatment program later in August and has a confirmed bed date.

Higheagle has little to no recollection of the incidents on April 3, which would cause a weakness for defence if the matter were to go to trial because he wouldn’t be able to provide any alternative explanation as to what happened, Richert said.

Richert also told the court Higheagle and the victim have a long history, which has caused Higheagle trauma that he continues to deal with. He said that doesn’t justify his actions, but gives the court some context.

“That undoubtedly contributed to some feelings of rage and anger that would have resulted in a most unfortunate display of behaviour,” Richert said.

Judge Patrick Sullivan agreed with the joint recommendation, and while he acknowledged the severity of the offence, he said it’s positive that Higheagle is addressing his addictions.

“The solution is simple, but it’s not easy and it is sobriety. I think you would be blown away by how your life changes if you’re sober. How good you will feel. How you will be no longer involved in the criminal justice system, if you can maintain sobriety,” Sullivan said.

He said this is a chance for him to set a better example for the community in Canukawakpa and wished him luck during his treatment.

The sentence will be followed by two years of unsupervised probation.

» sanderson@brandonsun.com