Statutory release granted to former Cape Breton man convicted of beating of homeless man in 2014

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SYDNEY — A Cape Breton man sentenced to an 11-year prison term in relation to the brutal and unprovoked beating of a homeless man has been granted statutory release.

Kyle William Nichol, now 33, formerly of North Sydney, was sentenced in 2015 on charges of aggravated assault, wearing a disguise in committing an offence (bandanna), uttering a threat, possession of a weapon for a dangerous purpose, theft and breaching a court order.

He was among six people charged in connection with the attack on Shawn Kurtis Jack who was living in a tent in a wooded area near the North Sydney mall in June 2014.

According to a Parole Board of Canada decision released last week, Nichol was angered by a comment made by Jack that he perceived to be a threat. The comment was made while Nichol and others were drinking and doing drugs at Jack's camp the day prior to the assault.

The decision noted that Nichol and the five others returned to the camp the following day, armed with a torque wrench and machinist hammer, and in pretending to be police officers, coaxed the victim out of his tent.

Repeatedly hit

As his head emerged from the tent, Jack was repeatedly hit with the wrench and hammer. The injuries were severe and forced Jack to learn how to walk and talk again.

Under federal law, offenders having served two-thirds of a fixed-length sentence can be released under supervision which is known as statutory release.

Nichol will be released to an undisclosed residential facility where he will live, under conditions, for 365 days.

"The board is not authorizing leave privileges at this time given your risk and the need for you to demonstrate stability in the community," states the decision.

While incarcerated, Nichol has recorded 27 infractions including possession of homemade brew, pills and tattoo paraphernalia. Two infractions deal with fighting, disobeying orders and setting a fire in his cell.

"Your community supervision history is less than satisfactory. While you have no parole supervision to date, you have numerous breaches of undertaking, dispositions and probation orders indicative of an individual who has little regard for the conditions imposed upon him by the courts."

However, Nichol is beginning to show some improvement as the decision reported he has not received any serious disciplinary reports for over three years and has passed three drug tests.

"Indeed, you are currently experiencing your longest period of sobriety ever and are gradually learning to lead a healthier lifestyle," stated the decision, which also referenced that Nichol is participating in a methadone treatment program to manage his addiction.

While Nichol's behaviour has been noted to be much improved over recent months, the board felt there remains a propensity for violence and the need for significant supervision.

Among his conditions for release to a halfway house, Nichol is to report all relationships, sexual or non-sexual, with females to his parole supervisor and he is to actively seek employment and remain employed. He is not to possess, consume or purchase alcohol along with drugs not prescribed to him. He is also not to associate with anyone involved in criminal activity.

Four of the others charged in the attack were given sentences ranging from probation to jail time. A fifth accused, who was facing charges including attempted murder, had all charges dismissed after witnesses began changing their story of what had occurred.