Kathy Nash is seen speaking to her lawyer Al Begin outside provincial court in Truro after being sentenced for lying to police in a case in which her son, Kyle Wheaton, was convicted of brutally beating and confining his former girlfriend Patricia Joseph.
©Harry Sullivan - TC MEDIA
A Truro man who brutally beat his girlfriend and confined her for nine days, all the while lying to police about her whereabouts, was sentenced Thursday to 12 months in jail.
Kyle David Ryan Wheaton, 28, whose address was not listed on court documents, must also serve 12 months of probation following his release from jail.
“There are times when it’s regrettable when I send someone to jail,” Judge John MacDougall told Wheaton. “There are times when it is less so.”
Wheaton’s mother Kathy Madelyn Nash, 58, of 21 Thomas Ave., Truro, was placed on a 12-month suspended sentence, 12 months probation and ordered to perform 25 hours of community service for also lying to police about the case.
Outside the courtroom following the sentencing, victim Patricia Joseph said she did not feel Wheaton’s sentence was harsh enough.
“No I don’t. He should have gotten more,” she said.
“I don’t know if any sentence would justify what he did. I just have to accept what they did and move on with my life. I did everything I could do.”
The assault against Joseph occurred in the early hours on the morning of April 1, 2012 in Wheaton’s apartment at the time at 1064 Prince St. She was ultimately left with a broken ankle, numerous bruises and injuries to her face, including an eye that was swollen shut. She was also bitten on her chin and one arm and had her hair pulled.
Wheaton was under a court undertaking not to communicate with Joseph at the time of the attack while waiting a court hearing for a previous assault that had taken place less than a month earlier.
According to an agreed statement of facts provided to the court, the assault against Joseph began around 5 a.m. and lasted for approximately an hour, after which she passed out. Around 8:30 or 9 that morning, Wheaton woke Joseph up, told her he had to get her out of the apartment and then took her to his mother’s house where she was confined and hidden from police who later came looking for her.
After the visit to Nash’s home, Joseph was then moved to the home of another woman, identified in court as Theresa Cooke.
Police did not learn of her whereabouts until the early afternoon of April 9 when they received word that she had just arrived at the Truro hospital to have her injuries dealt with.
“It is difficult to describe the feelings and emotions that dwell deep inside me,” Joseph said, in a victim impact statement read out in court.
Thinking of that “fateful” night, she said, leaves her filled with “sadness and despair” while her dreams are “still haunted by the ugly memories” of the assault.
“For the last two years my life has been an never-ending nightmare. All due to the heinous actions of Kyle Wheaton and his mother Kathy Nash,” she said.
“The trauma that was inflicted on me has affected me, mind, body and soul. I was only a girl trying to seek out my dream of finding my family roots and finding out about the place where I came from. Those people crushed my dream and caused me to hate the place where I had just fallen in love with,” said Joseph, who now lives in Saskatchewan.
“I have no peace in my life.”
Post-traumatic stress has made her life unpredictable and without the ability to live independently, Joseph added.
“I never know if and when something will trigger a horrible flashback from those nine long days. Nine days of utter terror and pain, a time when I truly feared for my very life.”