NANAIMO — A local man will avoid a criminal record if he behaves for the next year after being found guilty of punching a woman during a protest in front of City Hall in 2023.
Nicholas James Matear, 34, was charged with one count of assault in relation to an incident on Oct. 21, 2023, where he punched 54-year-old Meadow Tatiana Makovkin in the face, causing her to fall to the ground and sustain facial injuries during an anti-SOGI (sexual orientation and gender identity) education demonstration and counter protest.
Matear was found guilty following a trial and sentenced in provincial court in Nanaimo on Tuesday, April 22, with Judge Brian Harvey not buying Matear’s self-defence claim, saying the punch was a completely inappropriate response.
“The nature of the force used by this accused was extreme. He caused significant swelling to her face and her face is also a vulnerable area where she was punched. There were other reasonable and alternative means available to this accused.”
While he didn’t provide a statement in court besides saying he understood his sentence, Matear spoke briefly to NanaimoNewsNOW prior to sentencing: “The facts of the case have already been settled; this rests on the point of law, and I trust wholly the judge who’s about to make my decision.” (Jordan Davidson/NanaimoNewsNOW)Matear and Makovkin were both participating on opposing sides of the demonstrations at various locations around Nanaimo, with the incident occurring on Wallace St. in front of Nanaimo City Hall shortly after 1 p.m.
Matear was holding a sign on an aluminum pole which read: “No Space For Hate! on one side and ‘Trans Rights’ on the other, while Makovkin was holding a “Get the Cult Out of Schools” sign.
Following the assault, Matear made a “beeline” towards nearby RCMP officers watching the demonstration, apparently angry with himself for what he had just done, according to court records.
He claims he made a split-second decision in a state of “analysis paralysis”, reacting to Makovkin pulling his sign down, thinking he was being assaulted.
The protests were initially against school district’s in the province, including Nanaimo-Ladysmith, with SOGI content in their curriculums, with another protest occurring in Nanaimo a month prior.
A number of witnesses, including civilians and two police officers, testified during the trial on March 4 and 5 after Matear pleaded not guilty to the charge.
Multiple witnesses at trial testified to clearly seeing Matear punch Makovkin in the face.
During the Crown’s cross-examination of Makovkin, she claimed she was too afraid to speak about the assault due to the trauma it caused.
However, the Crown played a recording during the trial of Makovkin appearing on two podcasts speaking about the incident in detail.
She also claimed to have suffered a fractured nose from the punch, but the medical clinic she said she visited in Victoria has no records of her being evaluated.
Judge Harvey said those two factors were irrelevant to the main issue of the assault, with the fact that Matear was 19 years younger, six inches taller, and 135 pounds heavier than Makovkin weighing into his decision.
“That does not detract from the fact that this was a significant assault on her that occurred in a very vulnerable area of her face. It’s very clear from her victim impact statement that she was at home during her recovery, missed out on some work, which had a financial and emotional impact.”
Speaking with NanaimoNewsNOW following sentencing submissions and the judgment, Makovkin said she is glad this ordeal is over.
“I’m very pleased that he was found guilty, and he was obviously guilty, so it was pretty easy decision I think…it’s absolutely brutal to punch an old lady in the face.”
Matear must keep the peace during his condition sentence order, have no contact with the victim, complete 50 hours of community service, not possess any weapons, complete any programs ordered by his probation officer, and pay a victim surcharge fine of $1,500.
He had no criminal record prior to this incident, and will remain without one if he follows the conditions of his sentencing order for the next year.
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