Alex Kurial/Local Journalism Initiative
Tyson Nethery has been banned from Lambton County after assaulting a woman this summer.
But although the 22 year-old received what the judge called a “lenient” decision – he has just six days remaining of a 125 day sentence – his time behind bars will not be up next week.
Sarnia Court heard that around 11 pm on July 19 an argument started at a Wellington St. apartment complex after Nethery’s then-girlfriend asked to see his phone. She had become suspicious of his recent behavior. The pair argued and he eventually went to leave.
When Nethery couldn’t find his car keys, the situation turned violent. He shoved the woman to ground and kicked her repeatedly. She ran into the bedroom but Nethery followed and continued beating her.
The woman fought back and plunged her fingers into Nethery’s eyes while screaming for help and that Nethery was going to kill her.
Neighbours called police. The woman was able to escape the apartment.
Nethery pursued her into the parking lot but she continued yelling that he was going to kill her. By this time several neighbors had gathered outside, and Nethery took off.
Police arrived and the woman was taken to the hospital for injuries to her face, chest and back.
Nethery was arrested the next day and held in Sarnia Jail. He called the woman at least seven times from the jail in violation of a no-contact order.
“It was a toxic relationship,” says defense lawyer David Stoesser during Nethery’s Oct. 6 sentencing. “He is ashamed of his behavior.”
The woman said Nethery needs to get help including a mental health assessment, treatment for drug abuse, and access to life skills programs.
Nethery was sentenced to 125 days jail. He’s been in custody so long, he will only serve one week after the sentence was passed. This will be followed by 18 months of probation where he must not contact or go within 100 meters of the woman, take counselling for mental health and domestic violence, stay out of Lambton County, and report any new intimate partner relationships.
Nethery also received a 10 year weapons ban and must submit a DNA sample.
Justice Deborah Austin says Nethery’s history of similar incidents is worrying, and she hopes he’ll take this time behind bars to focus on a change.
“You’ve got quite a record for threatening and assaultive behavior which is concerning,” says Austin. She says hopefully Nethery has gained “some insight into what’s getting you into trouble and some motivation to deal with your problems.”
“When I get out I intend to deal with all my problems head on,” Nethery says.
When he actually will get out remains to be seen. Nethery will be released from Sarnia Jail next week and immediately transferred to Stratford where he faces additional charges. After that Nethery still has charges in Kitchener to resolve.