Elkhorn man gets 30 days in jail for assaulting ex-wife

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This article was published 03/06/2025 (296 days ago), so information in it may no longer be current.

An Elkhorn man was sentenced to 30 days in jail and four months of house arrest for assaulting his ex-wife — in one case with a burning cigarette on her neck.

The 36-year-old pleaded guilty in Brandon provincial court on Monday to assaulting his ex-wife and assaulting her with a weapon, as well as two breaches of a court order to not contact her. He also pleaded guilty to a single count of mischief that resulted in damage to the Virden RCMP detachment.

“I know you love your children — and you’ve hurt them just as much as anyone else,” said Judge Patrick Sullivan. “For them to have been present, to have seen this, let alone to have been aware that Dad is burning Mom with a cigarette, that Dad is punching Mom in his face.”

At the subsequent request of the victim this week, we have removed her ex-husband’s name from this story to protect her children. 

Crown attorney Sarah Kok read out the facts the man pleaded guilty to.

On March 25, Virden RCMP received a report of domestic violence in Elkhorn. The man’s 12-year-old son called a family member and told them that his mom and dad were fighting.

He said that his dad “freaked out” on his mom and was punching her, kicking her and trying to push her down the stairs. Ultimately, he put out a lit cigarette on the victim’s neck, Kok said.

She said the man was already under court orders not to be in contact with the victim after a previous assault charge in February. The details of the February assault were not outlined in court.

Officers came to the residence and spoke with the victim, who they said was “hysterical” and had a hard time breathing.

Police arrested the 36-year-old man. He was charged with assault with a weapon but released under conditions to not contact the victim, with a $2,000 cash deposit in the name of his father, Kok said.

On May 17, just after noon, the victim reported that the man was at her residence. When the officers arrived, she provided a full statement.

She said she woke up from a nap to find him already in the residence, and said he wouldn’t stop bothering her and yelling at her. She told her three children to get in the car.

He began to punch her in the face and kick her multiple times, she said.

He was already gone when the police arrived, but the victim gave a description of his vehicle. Officers found him at a residence in Virden.

Police arrested him and brought him to the hospital, where he was treated for a panic attack.

When the officers brought him back to the cells at the Virden RCMP detatchment, they said he made several complaints that he needed to be at the hospital or in another cell. At one point, he stood on top of his toilet, ripped the fluorescent lightbulb out of the fixture and smashed it on the ground. The cell was unusable for the rest of the day.

Kok asked the court to consider a 105-day jail sentence followed by a joint recommendation of two years of supervised probation.

“(The victim) indicates that she was fearful that if (the defendant) was again released from custody, he would continue to come to the residence and said the conditions he’s been placed on don’t seem to be doing anything,” Kok said.

Defence lawyer Jonathan Pinx, who asked the court for a sentence of time already served, said his client is a productive member of society.

Pinx said if he is sentenced to more jail time, he may lose his job as a rig manager, which would prevent him from being able to support his children financially.

During his time in custody, his client has had time to reflect on his actions, Pinx said.

“He is quite frankly disgusted with his own behaviour. He knows he has to make serious changes and will need help making those changes,” Pinx said.

He said the man is relatively young and has no criminal record, which makes the short amount of time he has spent in custody more impactful.

After some back and forth between the lawyers and the judge, Sullivan decided to impose the 30-day jail sentence followed by 120-day house arrest, which will allow him to continue working. For the mischief charge, he was fined $250.

» sanderson@brandonsun.com