Warning: the following story contains descriptions of domestic assault and may be disturbing to some readers.
WESTLOCK — A Westlock County man who beat his partner and then left her on a rural road in only a T-shirt and yoga pants, forcing her to walk for about an hour to ask for help from a stranger, will spend the next year and a half behind bars.
At Westlock Court of Justice Sept. 27, Matthew Lumayko, 39, pleaded guilty to assault causing bodily harm and unlawful confinement.
Four other charges of assault with a weapon; assault involving choking, suffocating or strangling; uttering threats to cause bodily harm and possessing a weapon that poses a danger to the public peace were withdrawn.
Justice Carrie-Ann Downey sentenced Lumayko to 12 months in prison and 24 months of probation on the assault charge and six months to be served consecutively on the unlawful confinement charge. She also imposed a lifetime firearms prohibition.
Lumayko was given credit for the 10 days he had spent in custody prior to his guilty plea, which equated to 15 days on an enhanced credit basis.
During the two years of probation, Lumayko must follow a number of conditions such as keeping the peace, appearing before court when required to do so, reporting to probation within five days of his release, informing the court or probation of any change in name, address or employment and attending any counselling or treatment for domestic violence and drug/alcohol abuse as directed by probation.
He was also ordered not to have contact with the victim or attend her residence, place of work or worship.
“That means nothing,” stressed Justice Downey. “Not Facebook, not sending messages through friends, not waving at her if you see her in Wal-Mart. Nothing.”
Prior to the agreed-upon facts being read in court, Lumayko declined his right to receive disclosure or to retain a lawyer, though he was nominally represented by duty counsel Gail Gerhart.
When asked if he wanted to receive disclosure, Lumayko responded, “No, ma’am. Don’t need it. Guilty, guilty, guilty.” He later added that he was “not a big fan of lawyers.”
Sept. 18 assault
Crown prosecutor Robynne Thompson said that in the early morning hours of Sept. 18, Lumayko and the victim, who had been in an off-again on-again romantic relationship for several years, were at a rural property in Westlock County.
Thompson said they had been drinking, and at some point in the evening, Lumayko became angry at the victim. Things eventually reached the point where he began assaulting the victim by punching, slapping and kicking her.
Thompson said Lumayko struck the victim in the head, face, wrists, chests and legs. She eventually fell to the ground, and when she tried to get up, Lumayko would push her down to the ground and order her not to rise.
He continued to physically and verbally assault the victim until finally putting a knife to her throat and ordering her to get into his vehicle.
“(The victim) did not want to get in the vehicle, but was compelled to do so by Mr. Lumayko. (The victim) was not free to leave the vehicle,” she said.
Lumayko told the victim he would drop her off at the residence of a person she knows. Eventually, she was left on a range road wearing only a thin T-shirt and yoga pants with no shoes.
Thompson said the victim walked for roughly an hour before reaching the residence of a stranger, who gave her water and allowed her to use a phone.
She called her acquaintance, who picked her up and drove her to the Westlock Healthcare Centre to be treated for her injuries.
Thompson said the victim’s right eye was bruised and swollen shut, while her left eye was black. She also had bruises and her legs, arms and neck.
Thompson said Lumayko had a criminal record, which was brief but nevertheless had a number of related charges (assault with a weapon, uttering threats and so on).
In addition to his record, Thompson said the fact that this “alarming set of facts” took place within the context of domestic violence was also aggravating.
In terms of mitigation, she said this was a very early guilty plea, as she believed this was only Lumayko’s second appearance in court, and his plea would spare the victim from having to testify.
Gerhart noted that Lumayko resides in Westlock County but has no family in the area, as he hails from Sherwood Park. She said he makes a living working as a labourer for a number of farmers.
The joint submission was for the total 18 months of custody and 24 months of probation, as well as the lifetime firearms prohibition.
Justice Downey said the sentence was “on the higher end” in terms of severity, but the Supreme Court of Canada has ruled that joint submissions should not be departed from unless they are so “unhinged” they would bring the justice system into disrepute.
She waived the victim fine surcharge given that Lumayko will be in prison for nearly a year and a half.
