No jail time for robber who seriously injured community leader in Prince George

A man who pleaded guiltyafter a drug-fuelledrobbery that left a Prince George community leader with a serious brain injury won't serve jail time.

On Friday in Prince GeorgeProvincial Court, Marshall Schulze was sentenced to three years probation for muggingDiane Nakamura in broad daylight outside thedowntown post office in October 2018.

Schulze has also been ordered to pay $1,500 to the Prince George Brain Injured Group Society.

The robbery left Nakamura, once afinalist for Prince George Citizen of the Year, on permanent disability, endingher 33 year career as a social worker.

Still, Nakamurabacked the judge's decision to keep her assailant out of jail.

Robber now 'model citizen'

"Since [Schulze's]been clean and sober, he's just been a model citizen," Nakamura told CBC News after the sentencing. "Sending him to jail would just unravel everything that he's accomplished."

The court heard that since the robbery, Schulze had completed a lengthydrug rehabilitation program, was working full time as a carpentry framer and was committed to sobriety.

"What Marshall Schulze has accomplished is what I would have wanted for all of my clients ...This is pretty much unheard of in terms of success," Nakamura said.

During her working life, Nakamura counselled people living on the street, in jail, and in drug treatment.

She also assisted families of the victims of serial killerCody Legebokoff, andsupported the young victims of former judgeDavid Ramsey, helping secure his conviction for sex crimes.

Victim 'screamed and screamed for help'

The court heard that Schulzewas supposed to be attendingcourt-orderedresidential drug treatment near Prince George and was "intoxicated on drugs" when he robbed Nakamura.

Schulze told the court he had a "major addiction problem" afterusing opiates for pain control aftersurgery.

Nakamura said he was a "scary looking guy ... visibly high on drugs" during the robbery.

"He tried to swing me around, he tried to head butt me, and I just screamed and screamed for help," Nakamura told CBC News.

Video footage played for the court showed Schulze running up behind a womanand knocking her to the cement sidewalk.

A passerby and two postal workers picketing outside thepost officecame to Nakamura's aid, tackling her assailant, and holding Schulzedown until RCMParrived.

Victim left with 'no spark, no light'

During the sentencing hearing, Nakamura told Schulze that she "didn't deserve to be assaulted and left with a permanent brain injury. Now, I feel dead inside. No spark, no light."

In a written impact statement, Nakamura's husband said Schulze had "destroyed my wife's beautiful nature. Her fun spirit has disappeared."

The robberyconviction in Prince George was not Schulze's first conflict with the law.

Assailant was on probation

In 2013, hewas convicted of drug trafficking and the illegal possession of several high-powered stun guns.

In 2018, Vancouver police arrested Schulze after reports a man was hitting people in Pigeon Park in Vancouver's Downtown Eastside.Schulze tried to grab a police pistol, as well as bite and spit on officers, Crown lawyer Ryan Withel told the sentencing hearing.

As a condition of his release, Schulzewas ordered to travel north to Baldy Hughes Therapeutic Community and Farm, near Prince George.

Schulzegot a ride to Prince George. But he never went to rehab, according to the Crown.

Withel said Schulze was on probation when he robbed Nakamura.

"I'm forgiving you, because it's the only way to move on," Nakamura told Schulzebefore sentencing.