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Violent outburst earns two more years in jail

A man who appears to be in denial of his mental health troubles has been sentenced to a further two years in prison for hitting an acquaintance with his vehicle and then sexually assaulting a woman.
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A man who appears to be in denial of his mental health troubles has been sentenced to a further two years in prison for hitting an acquaintance with his vehicle and then sexually assaulting a woman.

Berk Vili Nelson, 29, must also serve two years probation for the June 2014 incident that began outside the Likely Pub near Williams Lake.

According to a reasons for judgment from B.C Supreme Court Justice Anthony Saunders, Nelson got into an argument with a man that led to a scuffle in the parking lot outside.

Another man and a woman intervened and separated the two.

Trying to diffuse the situation, the woman got into Nelson's car to talk to him but he remained agitated and after a few moments, started the engine and backed out of the parking space.

Nelson then accelerated forward and hit one of the two men and he landed on the car's hood with his face on the windshield before falling onto the ground. He suffered cuts to his head and scratches and cuts to his torso although the woman initially thought he had been killed.

Nelson took off and made his way along a series of backroads, driving erratically and at a high speed, before he stopped at an isolated location and tried to force himself on the woman.

But by chance, a tow truck showed up and although it took some time, Nelson let go of the woman. She got out of the car and ran towards the tow truck screaming and crying.

Nelson, meanwhile, took off after a short conversation with one of the passengers in the tow truck, and he was arrested the next day.

During the trial, Nelson denied he had consumed any alcohol, claiming he was "amped" on energy drinks although Saunders was skeptical.

Saunders also found Nelson's testimony "absolutely fantastic and utterly incredible," and "formed a concern as to whether he was in touch with reality."

He ordered an assessment to determine Nelson's fitness to stand trial. But Nelson was uncooperative, the trial was reconvened and in August 2016 Nelson was found guilty of assault with a weapon and sexual assault.

A pre-sentence report with a psychiatric assessment was subsequently ordered. Nelson initially refused to cooperate once again but eventually relented and in January went throught testing and an interview.

According to the report, Nelson had been diagnosed with attention-deficit hyperactivity disorder and exhibited impulsivity as a child.

"He was somewhat ostracized by his classmates," Saunders said. "He attended many different schools during his upbringing, due to behavioural issues and frequent moves."

By his mid-teens, Nelson was experimenting with drugs and had struggled with addiction issues ever since. He was prescribed anti-psychotic and anti-depressant medications at 17 years old but it appeared Nelson stopped taking them and had turned to crystal methamphetamine instead.

Crown and defence counsels had jointly argued for 20 months time served prior to sentencing and three years probation but Saunders disagreed. He sentenced Nelson to time served for hitting McMillan with his car and then a further two years for the sexual assault, finding they were separate events.

Terms of his probation include taking any psychiatric or psychological counselling or treatment if directed by the probation officer.

Nelson was sentenced in Williams Lake in late April and the reasons for judgement was issued this week.