American student who choked girlfriend will be deported after jail sentence

Photo: Castanet

An international student who choked his girlfriend while overstaying his visa will be deported this week once he is released from jail.

That’s what a judge was told Wednesday in Kamloops provincial court, where David Chukwifunanya Achi pleaded guilty to one count each of assault and failure to comply.

Court heard the 25-year-old U.S. citizen arrived in Kamloops in 2018 to study communications at Thompson Rivers University.

Achi was arrested on Sept. 15, 2022, after his girlfriend called 911 to report an assault. Court heard the woman had red marks on her neck and chin. She told police she had been choked.

Achi was released with conditions requiring he stay away from the woman. He was caught nine days later, on Sept. 24, sneaking into her back yard. He was arrested again and released on bail.

Court heard Achi was picked up again on Jan. 20, this time on a Canada Border Services Agency warrant for overstaying his visa and working illegally. He has been in custody since.

Crown prosecutor Andrew Duncan and defence lawyer John Hogg pitched a joint submission for a jail sentence of time served, on the understanding that Achi will be deported immediately.

Duncan said he likely would have sought a longer sentence if not for the looming deportation.

“Mr. Achi will be deported by virtue of a criminal conviction, by virtue of overstaying and by virtue of working when he wasn’t supposed to,” he said.

"That is a factor that the Crown considers when assessing public interest in this disposition.”

Duncan also said the deportation will give the complainant some peace of mind. He said she has been struggling in the months since the assault.

“Mr. Achi being nowhere near Kamloops and not in the country should assist her in that respect,” he said.

Kamloops provincial court Judge Marianne Armstrong went along with the joint submission, sentencing Achi to 20 days time served and placing him on a one-year probation order with conditions barring him from having any contact with the woman.

Hogg said the deportation process was paused until Achi dealt with his outstanding criminal charges. He said Achi will be driven to Blaine, Wash., and released once his deportation has been formally ordered later this week.