In the courts: Kingston court list for July 18-22
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A compilation of offences from Kingston's Ontario Court of Justice for the period of July 18 to 22, 2016. Only sentences that involved a large fine, probation or incarceration are included.
Lance A. Badour, 32, was convicted of illegally possessing methamphetamine on two occasions; in mid-April and early July and, in the latter instance, violating a condition of a release undertaking that prohibited him possessing or using street drugs. He was given enhanced credit on 20 days of pretrial custody and sentenced to a further 45 days in jail. Justice Rommel Masse was told Badour was initially charged after a Kingston Police patrol constable noticed a southbound motor vehicle on Division Street at 4:23 a.m., and after running its plates realized the female driver was much younger than the car's registered owner. Federal Crown prosecutor Chantal Proulx said the car was pulled over, at which point the officer noticed Badour, who was riding as a passenger, was fiddling with his pants in a way that suggested he was trying to hide something. Proulx said Badour resisted being searched and at some point relaxed his gluteus muscles -- and a 20-gram bundle of methamphetamine fell out from between the cheeks of his buttocks. The second time Badour was charged, Proulx said, Badour was driving and was stopped by police. She told Justice Masse that he again attracted attention to his attempts to hide his stash down his pants. But when his arresting officer called him on it, he reached down the back of his pants, pulled out 6.6 grams of methamphetamine and threw it on the road.
Joshua D. Clark, 30, was convicted of night prowling on Victoria Street. He was given enhanced credit on 10 days of pretrial custody and sentenced to a further 45 days in jail. Assistant Crown attorney John Skoropada said Clark and a male companion were arrested in early July when a Kingston Police patrol constable found them exiting a driveway on Victoria Street at 1:28 a.m. Both had backpacks and no legitimate connection to the location, he told Justice Rommel Masse, and both were known to police. Clark's lawyer, Kevin Dunbar, told the judge his client is addicted to crystal meth and wants drug treatment. Clark disclosed that he's "experimented a lot with cocaine" but told Justice Masse crystal meth is the worst addiction he's ever experienced and "it's so hard to get away from when everyone around you is doing it," he said. Justice Masse suggested to him that he needs new friends. He also told Clark that he wasn't putting him on probation because he has no faith he'll abide by conditions.
Michael J. Danylchuk, 48, was convicted of stealing a woman's purse and its contents -- including her $300 cellphone, identification and keys -- from the Salvation Army citadel, 183 Weller Ave. in late February and, on a separate occasion in March, stealing about $10 worth of food from Grocery Checkout Fresh Market on Queen's University's campus and the cellphones of two of the operation's workers. He was given enhanced credit on 98 days of pretrial custody, sentenced to a further 30 days in jail, probation for 12 months and was ordered to pay $1,250 in restitution. Assistant Crown attorney John Skoropada said Danylchuk was identified in both incidents from his image on surveillance video. Danylchuk's lawyer, Mike Woogh, told the judge his client has a heart condition, has been diagnosed with anxiety and has been on Ontario Disability Support Program benefits for approximately 10 years.
Federal inmate Mahad M. Diblawe, 23, was convicted of making a death threat to a correctional officer at Joyceville Institution in March 2015. He had 180 days added to the seven-year sentence he's currently serving for shooting a man in the back in Toronto, causing injuries that left his victim on a colostomy bag. Diblawe told Justice Allan Letourneau that he became angry upon returning from the segregation unit's exercise yard and finding that his admittedly dirty and messy cell had been searched, his books removed, and his magazines thrown out. He claims to be schizophrenic -- although he doesn't have a diagnosis of schizophrenia from a psychiatrist -- and said his only means of staving off overwhelming boredom was thumbing through his magazines: He didn't have a television or stereo, he said, and claimed to receive no visitors. Diblawe also believed that the correctional officer he threatened intentionally did things to antagonize him. The correctional officer told Justice Letourneau it was a routine search, however, and that the large quantity of paper in Diblawe's cell was deemed a fire hazard. In response to the loss of his magazines, Diblawe admitted to threatening that upon release he would find out where the correctional officer lives and "empty 30 clips" in his head, chest and groin. But he claimed he was just venting and shouldn't have been taken seriously.
Darryl Dotzert, 52, was convicted of violating a peace bond he voluntarily entered into last August, which prohibits him having any contact with his wife unless sober. He was sentenced to four days of intermittent jail, which actually amounts to part of one weekend. Justice Rommel Masse was told Ontario Provincial Police were dispatched to Dotzert's home in mid-June to investigate a possible domestic disturbance. Assistant Crown attorney John Skoropada said officers found him "somewhat intoxicated," but determined that he and his wife had only been arguing. Defence lawyer Catherine Purvis told the judge that Dotzert's wife, who was also drinking that evening, explained to police at the time that she'd dialled the emergency number by mistake. Purvis said she'd been attempting to dial the information number, 411.
Brenda G. Dunham, 67, was convicted in Sharbot Lake of impaired driving. She was fined $1,800 and is prohibited from driving.
Donavan Hookimaw, 35, was convicted of stealing a bottle of Jagermeister from the Barrack Street LCBO in March 2015, failing to show up for fingerprinting and mug shots the following month, as required under the Identification of Criminals Act, and later missing a court appearance in September. He was given enhanced credit on 20 days of pretrial custody and sentenced to time served. Hookimaw's lawyer, Jason Gilbert of Ottawa, said his client lives in Keshechewan and comes to Kingston periodically for medical treatment. He told Justice Rommel Masse that Hookimaw was found passed out in the washroom of a McDonald's restaurant in mid-May and, following his arrest, it was discovered he had outstanding warrants from Kingston. Gilbert disclosed that his client also has other more serious charges still outstanding before the courts.
Dawn Lapensee, 32, was convicted of obstructing Kingston Police in late June by providing a fake name; a related charge of illegal possession of a prohibited flick knife; and two related violations of a bail recognizance granted in Cornwall in early May. Justice Rommel Masse was told Lapensee's bail conditions confined her to her home in Cornwall, unless accompanied by her stepfather or sister, and prohibited her from possessing weigh scales and other drug paraphernalia. Yet, in late June, Kingston Police found her alone and hanging out in the area of Patrick and Russell streets, according to assistant Crown attorney John Skoropada. He told the judge she was initially noticed by a patrolling officer, who saw her standing up against a garage, attempting to conceal her presence. He consequently asked her name, Skoropada said, and she gave him a fake. She eventually provided her real name, however, and turned over a flick knife she had concealed in her bra when asked if she had any weapons. Upon arrest, the judge was told, she was found to be carrying two syringes, cotton, a spoon and distilled water, which collectively qualify as drug paraphernalia.
Joseph E. Latimer-Chant, 24, was convicted of criminally harassing a woman and violating probation imposed in January 2014 in Brockville, requiring that he keep the peace. He was given enhanced credit on 96 days of pretrial custody, sentenced to a further 36 days in jail and placed on probation for three years. He's also forbidden from communicating with or approaching within 200 metres of the woman. Assistant Crown attorney Elisabeth Foxton said Latimer-Chant was arrested after Kingston Police received a call in October 2015 reporting bombs at several addresses, including the Yonge Street apartment building where the complainant was living at the time. Police searched the building and found no bomb but determined the call originated from the home of Latimer-Chant's mother, Foxton told Justice Charles D. Anderson. Latimer-Chant doesn't admit making the call, however. Foxton said the woman involved told police she'd been trying to distance herself from Latimer-Chant, but he he'd told mutual acquaintances that she belonged to him and wasn't to date others. Foxton said he also sent the woman a series of unwanted letters from the Brockville Jail in 2015, including one that demanded she "get your f------ a-- to Brockville and visit me." Latimer Chant's lawyer, David Crowe, told the judge that both his client and the complainant had drug issues and described them as having "a toxic relationship."
Michael McGuire, 53, was convicted of having illegal possession of one gram of cocaine and a related violation of probation imposed in November that forbid him possessing or using street drugs. He was given enhanced credit on 11 days of pretrial custody and sentenced to a further 58 days in jail. McGuire was charged in early July, according to assistant Crown attorney John Skoropada, after Kingston Police were dispatched to investigate complaints about a loud argument between a man and a woman outside an apartment building on Johnson Street. Skoropada said McGuire, who was one of the disputants, appeared fidgety to the officer, who asked him if he was in possession of any weapons. He told the judge that McGuire responded, "No, just some used rigs," meaning hypodermic needles, which led to his being searched. At that point, a small baggie of cocaine was found in his pocket, together with some stray marijuana leaves. McGuire initially tried to tell the judge that he found the drug "across from the Metro store" during a walk, didn't know what it was, and didn't want any kids to get hold of it. However, after a whispered consultation with his lawyer, Dan Scully, he admitted that he actually did know. Scully told the judge that McGuire has mental health problems and Justice Masse noted that his record reflects considerable familiarity with street drugs, as well.
Tyler Meeks, 32, was convicted of assaulting the mother of his child in April, by spitting at her, and a related violation of probation imposed in Kingston's Superior Court a year earlier, in April 2015, which requires him to keep the peace. He was given enhanced credit on 108 days of pretrial custody, sentenced to time served and probation for one year. Assistant Crown attorney Gerard Laarhuis told Justice Allan Letourneau that Meeks and the woman have been involved in an "on-off relationship" for about eight years. In early April, he said, Meeks forced his way into the victim's home in a jealous pique after learning she'd attended a Narcotics Anonymous meeting, which had also attracted a man she'd previously dated. Meeks accused her of having a relationship with the man, according to Skoropada, searched through her purse and phone history; stomped on her cordless phone, smashing it; then spit and left.
Timothy P. Owens, 50, was convicted of violating probation he received in August 2013, which prohibits him having contact with his partner. He was given enhanced credit on 15 days of pretrial custody and sentence to a further 52 days in jail. Justice Rommel Masse was told Owens was charged in early July after Kingston Police were dispatched to investigate reports of a domestic disturbance at a residence on Montreal Street. Assistant Crown attorney John Skoropada said it turned out Owens and his partner were only having a verbal disagreement. Under the terms of his probation, however, they weren't permitted to be together. Owens' lawyer, Mike Woogh, told the judge that his client's probation order doesn't permit his partner to give written revokable consent to contact and admitted that wasn't an oversight on the part of his sentencing judge. Still, he said, the woman went to Owens' probation officer and asked to have the condition amended. He said she was told that Owens had to apply to the court for a variation of his conditions. The problem, Woogh suggested, is his client doesn't know how to do it; Legal Aid won't pay for a lawyer to make the application and argument; and his client's probation remains in force until next February. In sentencing him, Justice Masse told Owens he expects him to obey all of his probation conditions. If he doesn't want to do that, he told Owens to bring an application to court to have it varied.
Robert Spicer, 28, was convicted of violating two different probation orders imposed in March last year and June this year, one of them forbidding contact or communication with a particular woman and the other requiring that he notify probation services in advance of any change of address. He was given enhanced credit on 14 days of pretrial custody and sentenced to 45 days in jail. Spicer was arrested in mid-June, according to assistant Crown attorney John Skoropada, after Kingston Police received a call from a local woman reporting a domestic disturbance in progress. He told Justice Rommel Masse the caller contacted police after receiving a text from one of her friends, claiming she was with Spicer and he wouldn't let her leave. The tipster later learned that her friend had gotten herself and her children to a place of safety, however, and, Justice Masse was told, neither woman would afterward co-operate with police or give a statement. Skoropada said police were able to establish, however, that Spicer had been living with the proscribed woman in violation of his probation for at least the four days prior to his arrest and he hadn't disclosed that address to his probation supervisor.
Terry F. Teeple, 52, was convicted of violating probation imposed in March 2013 that required him to report in person to his probation supervisor. He was given enhanced credit on 13 days of pretrial custody and sentenced to time served. Assistant Crown attorney John Skoropada said Teeple was sentenced to two years in prison and 18 months of probation in March 2013, following a conviction for arson. He was supposed to report to his probation officer in February, within two days of his release, but he never checked in between then and his arrest in mid-March. Teeple told Justice Rommel Masse: "I just gotta say that I do have mental illnesses." Defence lawyer Catherine Purvis, who assisted him with his plea, said Teeple informed her that he has ADHD and has paranoid schizophrenia. She told Justice Masse when he was finally out on his own he just couldn't bring himself to report.
Sean R. Westwood, 44, pleaded guilty to a charge from Toronto of having illegal possession of 21.93 grams of MDMA, also known as ecstasy or "Molly". Westwood is currently serving the remains of a four-year sentence from Kingston for possessing drugs for the purpose of trafficking. He was sentenced on the waived-in Toronto charge to 21 days of concurrent jail, which adds no actual time to his sentence. Federal Crown prosecutor Michael Jones said Westwood attracted the Toronto charge in September 2013 after he reported the loss of an Adidas gym bag. He was in Union Station in Toronto, waiting to board a 3:15 p.m. train for Belleville, Jones explained, when he realized the bag was missing. A search failed to turn it up, and, Jones said, Westwood reported his loss at the station and left his contact information before boarding his train. Fifteen minutes after it pulled away from the station, however, Jones told Justice Rommel Masse, an Adidas bag was found in Dairy Queen and turned in. Jones said the bag's contents were inventoried to verify ownership and the drug was found among the contents.
Tyler Wood, 21, was convicted of stealing a Sony speaker and a car charger from the 59 Bath Rd. Canadian Tire store in late May and one month later stealing the Samsung Galaxy S-6 cellphone of a sales clerk at Foot Locker in the Cataraqui Centre. He was given enhanced credit on 34 days of pretrial custody and sentenced to time served. Justice Rommel Masse was told Wood was spotted leaving Canadian Tire without paying for merchandise and was intercepted outside by the store's loss prevention officer, who recovered the stolen items. Assistant Crown attorney John Skoropada said Wood snatched the clerk's cellphone in late June after she left it untended on a countertop while she assisted a customer. He managed to walk away with it, Justice Masse was told, but was later identified from the store's surveillance video and, Skoropada said, the phone was recovered. Wood told the judge that he's moving out of Kingston to live with his grandfather in a smaller nearby community and disclosed that his girlfriend is pregnant. She currently lives with her parents, he told the judge, but they're hoping to get their own place.
A Toronto area man, Realf Zununi, 47, was convicted of the attempted theft of $459.95 worth of scent and razor blades from the 1201 Division St. Shoppers Drug Mart and a consequent violation of probation he received in Brockville last August that forbids him entering Shoppers Drug Mart stores anywhere in the province. He was given a six-month conditional sentence to serve in his community under restrictions, the first three months under house arrest. Zununi was arrested in late March after a Shoppers loss prevention officer saw him conceal two bottles of scent and razor blades, take them to another area of the store and place them on a shelf. Assistant Crown attorney John Skoropada said the security employee kept an eye on that spot until Zununi returned and retrieved the items. Zununi then picked up and discarded various other items around the store and left. When he was intercepted outside, the judge was told, he no longer had any of the items but admitted he'd been attempting to steal. Skoropada told the judge it was also observed that he had two large pockets inside his coat, reinforced with duct tape, creating what he told the judge is known as a "booster coat". Zununi's lawyer, Robb MacDonald, told the judge his client was born in Albania and has a wife, two daughters and an ailing father still living there. He said Zununi had to leave and came to Canada in 1996 after backing the wrong political faction and told Justice Masse "these were crimes of desperation."
The Kingston Whig-Standard 2016 ©
