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A year ago, Alexander Kutschke was an ironworker who had been working for nearly two decades and had traveled the world completing projects.

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However, when a diabetic pump was installed to treat his diabetes, the former Sudbury man fell into a diabetic coma for two months before waking up.

When Kutschke woke up, he was a different man, having suffered an acquired brain injury and needing several months of care before being brought to Sudbury and placed at the Lasalle Retirement Residence.

On August 20, Kutschke felt upset after staff, concerned about his diabetes, told him to stop eating muffins. He left the residence.

His sister located him and brought him back. However, he then attacked his sister and staff members who were trying to defuse the situation.

His sister and her employees did not require medical treatment or hospitalization.

Kutschke was arrested and charged with assault.

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Released on bail shortly afterward and placed in his mother’s care, Kutschke became upset on September 9 and struck his mother with a closed fist 12 to 15 times before leaving his home.

Kutschke was arrested shortly after the attack.

Before his appearance in Sudbury court, Kutschke, 36, who had a dated criminal record, had spent 43 days (65 with pre-trial custody credit) in the Sudbury jail. He pleaded guilty to two charges.

“I just want to apologize,” he said in a slow, low voice from the prison box.

Ontario Court Justice Leonard Kim, however, was not prepared to accept the prison sentence proposed by the Crown and defense lawyer Alex Toffoli because it was accompanied by an order of one year probation.

According to Kim, this probation order only set Kutschke up for failure, because one mistake would land him back in prison.

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On September 18, a forensic psychiatrist declared Kutschke fit to appear in court. The court had ordered the assessment.

“This is a real case where the marriage between mental health and criminal law sometimes comes into conflict,” Toffoli said.

The attorney said Kutschke’s acquired brain injury caused his client to take a “plethora” of medications, including psychiatric medications.

“He speaks very simply,” Toffoli said. “He speaks very hesitantly.”

But Kutschke can also go from one calm moment to a fit of rage the next day, Toffoli said.

“When people suffer an acquired brain injury, as opposed to physical injuries, they are intractable (difficult to control),” the attorney said. “It goes from 0 to 100 in a millisecond. Obviously we have a person who has an acquired brain injury. This is a person who needs care. His mother is ready to provide it.

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Toffoli said the ideal situation for Kutschke is a group home because “he’s not a bad man,” but the wait time to access such care could be years.

“He has to live with his mother again,” the lawyer said. “It might be three months, six months. It takes five years to get a place.

Lynn Kutschke, Alexander’s mother, told Kim, “We’re looking at a five to seven year placement (wait). »

Lynn said that while her son was working before the diabetic coma, she rarely saw him.

“I kept him for three and a half weeks (after he was granted bail) and I really saw his impairment,” she told the judge. “He needs structure. He must come back with me. Otherwise, it is harmless.

Lynn said the wait time for her son to receive a proper care environment is simply too long.

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“It’s pathetic that our system is like this,” she said. “If I don’t accept him, he’ll become another downtown statistic…I’m afraid of what’s going to happen next…There’s such a hole in the system.”

Lynn said her son, because of his acquired brain injury, keeps asking questions about his father who he believes is still alive even though he died several years ago.

“I am heartbroken to hear your experience,” Judge Kim told the mother. “There’s only so much we can do as a criminal justice system. »

Assistant Crown attorney Christina Commachio used the word “tragic” to describe Kutschke’s fate.

“It’s one of those situations that you see a lot where one of the social services fails,” she said. “(The courts) are the end of the line.”

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Kim told Alexander he was “deeply worried” about hurting his mother by hitting her repeatedly.

“You understand that she is your strongest supporter and wants what is best for you? » asked the judge to Alexandre. “You were hurting the only person in the world who wants to protect you by any means possible?”

Alexandre answered yes to both questions.

Kim ended up issuing an absolute discharge and no probation order.

“For me, this is not a criminal case,” he said. “This has no place in court. This man has no place in prison. I fear we will cause him even more harm by putting him on probation.

“If I hear from his mother, the staff who looked after him, he goes from 0 to 100 in milliseconds, that tells me that (acquired brain injury) is a contributing factor in the commission of these offenses.”

Kim then told Alexander to be on his best behavior.

“I will ask you to respect your mother and respect others,” he said. “If you feel like you’re getting angry, I’d like you to stop and tell others how you feel…I don’t want you to have that anger. It is very important to work with your doctors, get the help you need, and respect your mother.

Following the two guilty pleas, the Crown dropped the remaining charges against Alexander.

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X: @HaroldCarmichae

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