November 19, 2024

(Bethel, AK) –Yesterday, Bethel Superior Court Judge Nathaniel Peters sentenced 32-year-old Daniel Nick of Kwethluk to serve 36 years of incarceration after being convicted of Kidnapping, Assault in the Third Degree, Misconduct Involving a Controlled Substance in the Fourth Degree, Unlawful Contact, and four counts of Violating Conditions of Release. Nick was convicted of these crimes after a four-day jury trial held in Bethel in July 2024.

The crimes stemmed from an incident on Aug. 21, 2023. 12 days before the kidnapping and assault, Nick was released on bail by former Superior Court Judge Terrence Haas in a separate case involving the same victim. Nick was ordered to live in Bethel, not return to Kwethluk, not possess or consume alcohol, not have contact with the victim, and not to possess firearms as conditions of his bail. Less than two weeks after his release from custody Nick returned to Kwethluk, consumed alcohol and methamphetamines, kidnapped the same victim as in the prior case, and hit her in the face with the butt stock of an SKS rifle.

At trial, the victim testified about abuse she has suffered at Nick’s hands for the last 8 years, including a felony assault that Nick was convicted of committing upon her in 2016, when she was 19-years old and 16-weeks pregnant with their son.

At the sentencing hearing, Assistant Attorney General Bailey Woolfstead asked the court to consider the seriousness and length of the repeated violence against the victim, Nick’s failure to engage in any rehabilitative and court ordered treatment over the years, and the significant impact of Nick’s assaultive behavior on his victim and their child. Ms. Woolfstead requested that Judge Peters find numerous aggravating factors and make a finding that Nick is a “worst offender” because “Nick presents a continuing and clear danger to [the victim], her family, his community, and to the people of the Yukon Kuskokwim Delta….The disregard of the seriousness of his behavior, the impact his actions have on his victims and community, make Nick even more of a danger.”

Nick spoke to the court and blamed the victim for his violent behavior, stating that all of his actions towards the victim were based on a reaction to her getting physical; he said the victim had falsely accused him of the crimes.

Judge Peters found that six aggravating factors applied to the case, including:1) that a prior felony conviction considered for the purpose of invoking the presumptive range was a more serious class of offense than the present offense for the assault and controlled substance convictions, 2) that Nick has a criminal history including aggravated assaultive behavior and repeated instances of assaultive behavior, 3) that the kidnapping and assault charges were committed against a person with whom Nick had a dating relationship, 4) that Nick has a criminal history of violating similar laws to those he violated in this case, 5) that the victim had previously provided testimony or evidence related to a prior offense committed by Nick, and 6) that Nick’s criminal history includes convictions for five or more misdemeanor offenses. Judge Peters also found that Nick is a “worst offender” under the law. He noted that, in his 10 years on the bench, he has only made that finding two or three times previously.

In handing down the sentence, Judge Peters found that Nick had very low prospects for rehabilitation, noting that Nick is still blaming the victim for his violent assaults upon her. Judge Peters noted that the victim was traumatized by Nick for almost her entire adult life to varying degrees and levels. He also addressed the impact the abuse had on Nick’s young son. Judge Peters found the only way to deter Nick from further assaulting or harming the victim is to isolate him and keep him out of the community for an extended period of time to protect the victim or any other person he dates.

The case was prosecuted by Assistant Attorney General Bailey Woolfstead of the Office of Special Prosecutions’ Rural Prosecution Unit, with assistance from Paralegal Bethany Kaiser of the Bethel District Attorney’s Office. The case was investigated by the Alaska State Troopers. The Tundra Women’s Coalition provided advocacy support for the victim throughout the case.

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Department Media Contacts: Communications Director Patty Sullivan at patty.sullivan@alaska.gov or (907) 269-6368. Information Officer Sam Curtis at sam.curtis@alaska.gov or (907) 269-6269.