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Qualicum man guilty to violent attack at Nanaimo hotel, judge orders mental health review

Feb 5, 2019 | 4:20 PM

NANAIMO — A mental health assessment was ordered to determine if a man involved in a violent altercation in Nanaimo will be held criminally responsible for his actions.

30-year-old Gabriel Stephen Nelson was found guilty Tuesday of the lesser charge of assault causing bodily harm, as well as forcible confinement and robbery after an incident in April, 2017 at the Coast Bastion Hotel.

A Philadelphia, PA man in Nanaimo for a business conference testified he and Nelson had mutual sexually interest after the met at a local bar, while Nelson maintained he strictly wanted to discuss website design.

Crown and the defence agreed the pair took the short walk back to a hotel room where a violent altercation ensued, resulting in a broken leg to the complainant.

Nelson unsuccessfully argued he tried to protect himself from what he described as a much much larger, sexually aggressive man.

Court was told the complainant was tied up on the hotel room floor after his leg was broken, while Nelson threatened him for several hours.

“After carefully observing and hearing the accused testify I reject his explanation that he was the victim here and the complainant was being the aggressor,” Judge Brian Harvey ruled. “His evidence is simply not reliable or credible and lacks an air of reality.”

Judge Harvey said Nelson could have safely removed himself from the situation, noting he didn’t report the incident to hotel staff or the RCMP.

Nelson stole the complainant’s phone, wallet and glasses. He was arrested by Nanaimo RCMP the evening following the incident.

“The accused had every opportunity to easily leave room 301 of the Coast Bastion Hotel once Mr. Jaeger had fallen over and broke his lower left leg.”

Following Judge Harvey’s ruling, Crown prosecutor Leanne Mascolo applied to have Nelson’s mental health assessed since doubts exist whether he could appreciate the nature of his crimes.

Mascolo’s application was enforced by Judge Harvey, which stipulates a 30-day window to present a report to determine if Nelson will be held criminally responsible for his actions.

Nelson’s lawyer, Donald McKay, told NanaimoNewsNOW he didn’t apply to have his client’s mental health examined as a condition for sentencing because Nelson instructed him not to make that request.

“He doesn’t always acknowledge the difficulty that he has,” McKay told court in reference to Nelson’s mental state.

During Nelson’s one day trial he stated he was on anti-psychotic medication during the altercation.

If Nelson is found not criminally responsible it will be up to a B.C. Review Board panel to determine the extent of his freedom.

Nelson will remain in custody at the Vancouver Island Regional Correctional Centre pending a March 5 court appearance.

 

ian@nanaimonewsnow.com

ON Twitter: @reporterholmes