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A year ago, Alexander Kutschke was an ironworker who had been working for almost two decades and had traveled the globe tackling projects.

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

When he awoke, Kutschke was a different man, having suffered an acquired brain injury and needing several months of care before he cold be brought to Sudbury and put in care at the Lasalle Retirement Residence.

On Aug. 20, Kutschke became 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 assaulted his sister and staff members who tried to de-escalate the situation.

His sister and employees did not require medical care or hospital attention.

Kutschke was arrested and charged with assault.

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Getting released on lease shortly after and in the care of his mother, Kutschke became upset on Sept. 9 and struck his mother with a closed fist 12-15 times before leaving her home.

Kutschke was arrested shortly after the attack.

Heading into court in Sudbury, Kutschke, 36, who had a dated prior record, had spent 43 days (65 with pre-trial custody credit) at the Sudbury Jail. He pleaded guilty to two counts.

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

Ontario Court Justice Leonard Kim, however, was not prepared to accept the proposed time-served sentence the Crown and defense lawyer Alex Toffoli suggested since it carried with it a one-year probation order.

In Kim’s view, that probation order was just setting Kutschke up for failure as one mistake would see him back in jail.

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On Sept. 18, a forensic psychiatrist found Kutschke fit to wait. The court had ordered the assessment.

“This is a true case where the marriage between mental health and criminal law sometimes conflicts,” said Toffoli.

The lawyer said the acquired brain injury Kutschke has resulted in his client being on a “plethora” of medication, including psychiatric ones.

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

Kutschke, however, can also go from quiet one moment to a fit of rage the next, said Toffoli.

“When people have an acquired brain injury, as opposed to physical injuries, they are intractable (hard to control),” said the lawyer. “He goes from 0-100 in a millisecond. Clearly, we have an individual who has an acquired brain injury. This is an individual who needs care. His mother is willing to provide it.”

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

“He is to live again with his mother,” said the lawyer, “Maybe that’s three months, six months. It takes five years to get a place.”

Lynn Kutschke, Alexander’s mother, told Kim “We are looking at a five-seven year placement (wait).”

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

“I had him for three-and-a-half weeks (after getting lease) and I really saw the impairment,” she told the judge. “He needs structure. He has to come back with me. Otherwise, he is harmless.”

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

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

Lynn said her son, thanks to his acquired brain injury, keeps asking about his father whom he believes is still alive even though he died several years ago.

“I’m heartbroken to hear your experience,” Justice Kim told the mother. “There is nothing much we can do as a criminal justice system.”

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

“This is one of those situations we often see where one of the social services fail,” she said. “(The courts) are the end of the line.”

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Kim told Alexander he was “deeply concerned” that he would hurt his mother by punching her repeatedly.

“You understand she is your strongest supporter and wants what’s best for you?” the judge asked Alexander. “You were hurting the one person in the world who wants to protect you in every way?”

Alexander said yes to both questions.

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

“To me, this is not a criminal case,” he ruled. “It does not belong in the courts. This man does not belong in jail. I am concerned we are going to do more harm by putting him on probation.

“If I’m hearing from his mother, staff who dealt with him, he goes from 0-100 in milliseconds, that tells me it (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 you are getting angry, I would like you to stop and tell other people how you are feeling… I don’t want you to have this anger. It’s very important to work with your doctors and get the help you need, and respect your mother.”

As a result of the two guilty pleas, the Crown dropped other charges Alexander was facing.

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X: @HaroldCarmichae

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