Judge denies bail for man accused of repeat assaults

A judge denied bail to a Waywayseecappo First Nation man in Brandon provincial court on Monday, citing concerns for the safety of a woman he’s alleged to have repeatedly assaulted since June.

Bryan Cooke, 30, faces charges of assault, assault by choking, theft of a motor vehicle and several counts of breaching his probation conditions to abstain from alcohol, not communicate with the victim or attend her home.

“This is a very serious matter talking about alleged repeated intimate partner violence incidents,” Judge Shauna Hewitt-Michta said.

None of the allegations against Cooke have been tested in court.

Crown attorney Reid Girard said the first alleged assault occurred on June 10 at about 9:45 p.m. in Waywayseecappo First Nation. Manitoba First Nations Police Service officers received a call about a 27-year-old woman walking on a road while “intoxicated and in distress,” he said.

Police picked up the woman and claimed she wasn’t wearing a shirt or shoes.

The woman, who was in a two-year relationship with Cooke at the time, told police he came home intoxicated that evening around 5:30 p.m.

The couple got into an argument while they were both drinking alcohol, Girard said.

“Mr. Cooke assaulted her by kicking and punching her several times to the upper body and choking her until she went unconscious,” he said, adding that two of their children under the age of two were present in the home.

“Mr. Cooke then let her go and ripped her T-shirt and bra. She then ran away from the residence,” Girard said.

Police photographed her injuries and noted she had redness on her face and head.

The Crown said Cooke surrendered to police and was released on an undertaking with a condition not to communicate with the victim.

Less than a month later, on July 5, Cooke allegedly breached this condition by attending the victim’s house and assaulting her, Girard said.

The accused punched and kicked her multiple times in the head and legs before he sped off in her vehicle, the Crown said.

The woman called 911 to report the assault and theft. She spoke with police at her home.

“When they arrived, they observed redness and swelling to (the victim’s) face, cuts and scrapes to both of her legs and abrasions to both of her elbows. No ambulance was required,” Girard said.

Police issued a warrant for Cooke’s arrest.

On Aug. 9 at 5 p.m., officers were advised of a possible impaired driver believed to be Cooke.

Police found Cooke at a residence that had the victim’s vehicle parked in the driveway with damage causing it to be inoperable, Girard said.

Officers claim Cooke was highly intoxicated with bloodshot eyes, Girard said. There was a smell of liquor on his breath, and he was foaming at the mouth.

The victim was also inside the home and Cooke admitted to police that he knew he wasn’t supposed to be there, the Crown said.

He was arrested for breaching conditions of his probation and has been in MFNPS custody since.

Girard said alcohol consumption and following protective conditions are issues for Cooke.

“We’re concerned that should he be back in the community, that he is extremely liable to not only breach his abstain condition but also to breach the protective condition that currently binds him,” he said.

Defence lawyer Anthony Dawson said his client denies all allegations in the case.

He presented a bail plan that included Cooke living with his grandmother in the community backed by a $1,500 surety, strict curfew and conditions not to contact the victim, abstain from alcohol or drive a motor vehicle without the owner’s consent.

Dawson said Cooke was in the care of Child and Family Services during his youth and has relatives who are residential school survivors. He has four children in total.

Hewitt-Michta said she had “every confidence” that Cooke would breach his probation and continue a harmful pattern if released.

“The conditions that are offered would all be appropriate to the circumstances if I could trust Mr. Cooke with all of the conditions, which I can’t,” Hewitt-Michta said.

Cooke will next appear in court in Waywayseecappo on Sept. 2.

» tadamski@brandonsun.com