Crown seeking 18-month sentence in assault case

VIRDEN — A Crown prosecutor is seeking a year-and-a-half jail sentence for a Birdtail Sioux First Nation man who assaulted three men last year, including the community’s then chief.

The man’s lawyer argued in Virden provincial court on Friday that a sentence of house arrest would be more appropriate.

Christopher Wasteste, 35, previously pleaded guilty to assault and two counts of assault causing bodily harm.

Judge Patrick Sullivan reserved his decision, and Wasteste’s matter is scheduled to appear in Virden court next month.

On Feb. 13, 2025, the Manitoba First Nations Police Service received a call shortly before 10 p.m. about an assault at a residence in Birdtail Sioux First Nation and were told that three people needed urgent medical attention.

The three victims, including then-chief Lindsay Bunn Jr. and his father, gave statements to police, Crown attorney Sarah Kok said.

Both Bunn and his father said Wasteste and two other individuals pulled up in a truck and started assaulting them outside of their residence, Kok said. They said Wasteste punched, kicked and stomped Bunn and hit his father in the head, Kok said.

Bunn sustained six fractured ribs, one of which punctured his lung and caused fluid to build up, along with several lacerations on his head, Kok said. One of the lacerations was six centimetres long and closed with staples, she said.

Kok said Bunn’s father sustained a laceration to the back of his head and lost consciousness for an undetermined amount of time.

“Both … indicate that Mr. Wasteste was the lead culprit and was causing the most violence compared to the other unknown individuals on scene,” the Crown said. Bunn said the other two people had their faces covered, and he couldn’t identify them, she said.

The third victim, who declined any medical attention, told police he saw the suspects outside of his neighbour’s house and thought they had pulled up in a truck, Kok said.

He said he had previously seen arguments between Wasteste and other community members on social media, Kok said. He initially didn’t want to be involved in the altercation, but ended up intervening, she said.

He told police he saw Wasteste hitting the two men, and when he intervened, Wasteste started hitting him too, she said.

Kok said around nine other community members gave statements to police that corroborated with the victim’s versions of events. In a statement to police, Kok said Wasteste acknowledged his involvement.

Eric Chalmers and Faith Bunn, who was referred to in court as Faith Other, had also been charged in connection with the offences, but the Crown stayed both of their charges.

Kok said there were several aggravating factors, including the length of the fight, the numerous victims and the injuries.

Additionally, she said the assaults appeared to be “planned and deliberate” given comments made on social media and that “there was a clear indication that Mr. Wasteste was going to assault Mr. Bunn for what he did to his partner.”

Other, who is Wasteste’s partner and initially charged in connection with the offending, was previously in a relationship with the former chief, who had been charged and convicted of assaulting her, Kok said.

Kok said she was mindful that an 18-month sentence for someone with no prior criminal record is lengthy, but the sentence needed to reflect the seriousness of the offending and send a message that “this behaviour is not to be tolerated.”

“I don’t think this is something we can say is a pattern of behaviour for Mr. Wasteste … but this was such a serious incident that I don’t know how anything less than a lengthy custodial sentence would appropriately reflect the harm and implications on the victims, on the witnesses and on the community of Birdtail,” she said.

The Crown said the safety of the public would be put at significant risk if Wasteste were allowed to serve his sentence in the community.

Defence lawyer Bob Harrison said a sentence of house arrest can still send the message of denunciation and pointed out that Wasteste hasn’t been convicted of breaching any conditions of the release order he has been on since his arrest.

While he said Wasteste loves Birdtail and would like to go back, he is now living in Birtle, which is roughly 25 kilometres from Birdtail, and is prepared to stay there.

He said Wasteste took full responsibility for his actions and wrote a letter to the community and the new chief, apologizing for what he had done.

Harrison said Wasteste wasn’t himself that day, as he had recently lost a close friend of his and drank a 40-ounce bottle of hard alcohol prior to his offending.

“He hasn’t touched alcohol since that time, and he says he never will,” Harrison said.

Since the offences, Harrison said his client has thought about what he could have done differently and said he should have stayed home that night. He said Wasteste had expressed that he has no hard feelings against any of the victims and noted they are all family.

Harrison described Wasteste as a hard worker and said he works with youths in communities across the province, sharing the importance of education, employment and the dangers of living a negative lifestyle.

He said a sentence of house arrest would allow Wasteste to continue his employment and support his family.

» sanderson@brandonsun.com