Nicholas Ortiz of Houston has been convicted of assault causing bodily harm and unlawful confinement, after luring a victim to a residence, beating them up with a group of others, and demanding $8,000 in cash allegedly stolen by the victim.
Guilty pleas were entered by Ortiz on Feb. 21, 2023, noted Justice Anita Chan in her ruling in Smithers Supreme Court, sentencing him to two years in jail, with a DNA order and mandatory 10-year firearms ban, to be served concurrently for both charges.
An agreed statement of facts was filed to the court, with the incident taking place on Aug. 1, 2020, around 2 a.m. The victim was upstairs at the residence with up to six other individuals before the assault began.
Ortiz knew the victim was at the residence and came to confront them about a missing bag of cash containing $8,000, as the two had been travelling together between Houston and Smithers a few days prior, court heard.
Ortiz and others restrained the victim in an upstairs bedroom. Ortiz then proceeded to kick the victim in the head and ribs, with others also taking part in the assault, all demanding to know where the money was, noted Chan, reading the agreed facts.
The victim was also struck with a baton or stick, their clothes removed, and bound at their wrists and feet with cord, before being dragged downstairs to a basement. The assault continued there, with Ortiz and others punching the victim, kicking them in the head and ribs, and demanding again to know where the money was.
Once the victim was free of the assault, and received medical attention, multiple rib fractures were discovered, bruising to their arms and legs, damage to their right pinky nail, and a concussion.
Ortiz, 25, has previous convictions dating back to 2016, and while the majority of them are for breaching release orders, he does have convictions for assaulting a peace officer and possessing weapon for a dangerous purpose, noted Justice Chan.
Gladue principles were considered in Ortiz’s sentencing, as he was born in Saskatchewan and has First Nations heritage, with his lawyer providing context on Ortiz’s upbringing. His lawyer said Ortiz has a good chance of rehabilitation because of his young age and a strong desire to reconnect with his heritage.
His mother suffered from addiction issues and Ortiz went to live to his father when he was only one years old, court heard. Ortiz received little parental guidance or supervision growing up, as his father was often out working.
Ortiz dropped out of high school and became involved in a peer group which led to him abusing drugs and alcohol, including cocaine, heroin, and MDMA. Drugs and alcohol were being used daily by Ortiz around the time of the assault and unlawful confinement.
