In the Courts: April 29 to May 3

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A partial compilation of offences from Kingston’s Ontario Court of Justice for the period of April 29 to May 3, 2019. Only sentences that involved a large fine, probation or incarceration are included.

Craig D. Anderson, 26, was convicted of driving in early March with more than the legal concentration of alcohol in his system. He was fined $1,500 and prohibited for one year from driving. Justice Alison Wheeler was told Anderson was motoring along Wellington Street, near Princess Street, at 4 a.m. when he piqued the curiosity of a Kingston Police patrol with his unusually slow progress. Assistant Crown attorney John Skoropada said the officer pulled him over, observed that he’d been drinking and arrested him. Later breath testing, the judge was told, produced readings of 150 mg of alcohol per 100 ml of his blood-volume, approaching double the legal limit to drive. “I’ve been sober since the incident and I’ve been seeking counselling,” Anderson told Justice Wheeler. “Glad to hear it,” she responded, “because 150 is a high reading.”

Ciera E. Banks, 21, was convicted of failing to comply with a police demand for a breath sample. She was fined $2,000 and prohibited for one year from driving. Banks was charged after she was involved in a minor collision with another vehicle in early November last year. Assistant Crown attorney John Skoropada said Kingston Police showed up at Front Road and Sand Bay Lane and transported her back to Kingston Police Headquarters, but she refused to provide breath samples. Defence lawyer Roderick Bennett told Justice Alison Wheeler that Banks is a student in the behavioural science program at St. Lawrence College and said “she’s very remorseful.” Visibly distraught, Banks told the judge, “I don’t have an excuse for it,” but she assured Justice Wheeler “it will never happen again.”

Sylvia J. Bedard, 37, was convicted of possessing a 2008 Pontiac that had been reported as stolen. Her sentencing was suspended and she was placed on probation for 12 months and ordered to perform 20 hours of community service within the first 11 months. Justice Alison Wheeler was told Bedard was arrested at 10:30 p.m. in mid-February at Division and Railway streets, about half an hour after Kingston Police patrols were told to be on the lookout for the car. Assistant Crown attorney John Skoropada said details of how the vehicle came into Bedard’s possession are “somewhat murky,” and noted that its owner was in Florida at the time and the keys to the Pontiac had been entrusted to “someone else.”

Denny M. Coyle, 26, was convicted of committing mischief by intentionally damaging the kitchen table, hallway wall, and door of his partner’s home. He was given enhanced credit on six days of pretrial custody and sentenced to time served and probation for two years, during which time he’s prohibited from drinking and obliged to complete all assessments, counselling and rehabilitative programs as directed by his probation officer. Justice Larry O’Brien was told that Coyle is a recovering alcoholic and in late January he became enraged when his partner refused to give him his car keys after he’d been drinking. Assistant Crown attorney Gerard Laarhuis said the woman had just put their children to bed when Coyle made the demand. He has a 2015 conviction for impaired driving and she refused. Laarhuis said she ended up sheltering with the children behind a locked door while Coyle, unable to breach it, flipped over her kitchen table, punched holes in the wall and smashed the glass in the front door. Eventually, he left the house, the judge was told, and returned to find himself was locked out. Laarhuis said Coyle tried to convince his partner to let him back in, but she refused and called Kingston Police. In the end, however, Laarhuis said, she didn’t want him charged, much less jailed. Coyle’s lawyer, Sarah Black, told the judge her client has reduced his alcohol intake dramatically since that night and urged the imposition of no further jail time, noting that Coyle provides financial support for his family.

Robert J. Cross, 43, was convicted of violating probation imposed in May 2018, which forbids him having contact, communicating or approaching within 100 metres of a woman with whom he’s had a long-term relationship. He was given enhanced credit on 42 days of pretrial custody and sentenced to time served. Justice Larry O’Brien was told that Cross showed up at the woman’s home in late February at 1:15 a.m., demanding to be let in to retrieve some of his property. Assistant Crown attorney Gerard Laarhuis said the woman allowed him to come inside but told him their relationship was definitely over. Cross became upset, according to Laarhuis, and the woman called Kingston Police, who arrested him for contravening a probation restriction. It was pointed out to the judge that Cross has 15 prior convictions for violating court orders, many of those for disregarding non-contact provisions involving the same woman. “Mr. Cross is losing months and months of every year to this situation,” his lawyer, Dave Sinnett, observed. “Time to move on!?” Justice O’Brien asked Cross rhetorically. “Yeah,” Cross responded from the prisoner’s box.

Anthony L. Dilorenzo, 47, was convicted of stealing a pair of $46.99 sunglasses from Market Pharmacy at 166 Wellington St. in early April. He was given enhanced credit on 20 days of pretrial custody and sentenced to time served. Justice Alison Wheeler was told Dilorenzo’s theft was discovered only after the pharmacy’s surveillance video was reviewed, and there was no recovery of the stolen merchandise. Dilorenzo’s lawyer, Dan Scully, disclosed that his client has been diagnosed with schizophrenia, and Dilorenzo told the judge that Market Pharmacy is where he has his prescriptions filled, prompting Justice Wheeler to point out to him that he’s no longer welcome there. She also told him one of the psychiatrists he’s dealt with, who wrote an assessment for the court, is very concerned about his use of crystal meth. Dilorenzo asserted, however, and not for the first time, that he’s done with methamphetamine. He also claimed he’s done with stealing. “I get a cheque every month,” he said. “I don’t need to steal anymore.” What he does need, he added, “is a place to stay.” He told the judge he’s essentially homeless.

Jesse M. Domanski, 29, was convicted of theft, violating bail, and illegal possession of a weapon and ammunition. He was given enhanced credit on 10 days of pretrial custody and sentenced to a further 90 days in jail and probation for two years.

Dustin R. Edge, 29, was convicted of illegally possessing cocaine in June last year. He was sentenced to 90 days of intermittent jail on weekends and intermittent probation when not in custody. Justice Larry O’Brien was told Kingston’s drug enforcement unit obtained a tracking warrant for Edge’s vehicle in May 2018. Crown prosecutor Michael Mandelcorn said officers attached to the unit had been given to believe he was dealing drugs and that he had a supplier in Sydenham. In late June, Mandelcorn told the judge, Edge drove to an address in Sydenham and spent the night there. The following morning, believing that he’d met with the supplier, Mandelcorn said, officers pulled his 2005 Honda Civic over on its return trip to Kingston. They found 14 grams of cocaine in an envelope in the vehicle’s trunk and a bag of marijuana, plus a small amount of cocaine that was in the possession of Edge’s female passenger. In urging weekend sentencing for his client, defence lawyer Dan Scully noted that Edge had no prior record and tendered several letters of support to the court, including one from the president of his client’s union local, verifying employment and indicating his support. Scully assured Justice O’Brien that his client understands he’ll face significantly more jail time if he uses his comings and goings at Quinte Detention Centre to bring drugs into the jail, prompting Mandelcorn to remark: “If he brings drugs into the institution, he won’t be in Quinte. He’ll be in the federal system.”

Hannah M. Gibson, 24, was convicted of violating a recognizance she entered into in July last year, which forbids her from being within 100 metres of a particular male until she’s completed the Partner Assault Response (PAR) Program. She was fined $200. Assistant Crown attorney John Skoropada told the judge that Gibson and the male are both subject to matching peace bonds forbidding them from fraternizing until they’ve successfully completed the domestic violence abatement program. She was charged, he told Justice Alison Wheeler, after police pulled a car over in the eastbound lanes of Highway 401 in late February and found Gibson riding as a passenger and her currently off-limits partner behind the wheel. Gibson’s lawyer, Dave Sinnett, advised the judge his client has since enrolled in the PAR Program.

David W. Henry, 37, was convicted of assault and violating probation. He was given enhanced credit on 53 days of pretrial custody and was sentenced to a further 40 days in jail and probation for 18 months.

Dyllan Howie-Sollondz, 20, was convicted of assault and violating probation. He was given a four-month conditional sentence to serve in the community under restrictions and probation for 12 months.

Dylan T. Lynch, 44, was convicted of stealing a $150 jacket from the 59 Bath Rd. Canadian Tire store in early April and a chocolate bar from the 490 Princess St. Circle-K convenience store in mid-April, plus companion charges of violating two separate probation orders imposed on him in May last year and late March this year, both of them requiring Lynch to keep the peace. He was given enhanced credit on 15 days of pretrial custody and sentenced to a further 38 days in jail. Lynch told Justice Alison Wheeler he dropped the jacket on the floor of Canadian Tire before fleeing, suggesting there was no actual loss to the store.

Donald A. McAllister, 36, was convicted of violating a rule of the Sex Offender Information Registry, by failing to inform the registry’s keepers at Kingston Police Headquarters of a residence change within seven days of moving. He was given enhanced credit on 52 days of pretrial custody and sentenced to time served.

Delroy D. Nelson, 57, was convicted of illegally possessing a controlled substance and violating a term of his long-term supervision order. He was given enhanced credit on 260 days of pretrial custody and sentenced to a further 835 days in prison, equivalent to a three-year prison sentence.

Philip O. Patterson, 24, was convicted of driving with more than the legal concentration of alcohol in his system. He was fined $1,500 and prohibited for one year from driving. Patterson was stopped by Kingston Police in mid-February last year, just as his black truck was exiting the parking lot of the Kingsdale Avenue apartment complex behind Frontenac Mall. Officers had been dispatched to investigate reports of yelling emanating from the site at 1:25 a.m., reportedly centred around a black truck. Assistant Crown attorney John Skoropada told Justice Alison Wheeler the officers immediately detected the smell of alcohol on Patterson and he later provided breath samples that produced readings of 120 mg of alcohol per 100 ml of blood.

Nathan G. Robinson, 36, was convicted of driving in late September last year with more than the legal concentration of alcohol in his system, plus illegal possession of a rifle without a permit. He was fined a total of $3,000, prohibited for one year from driving and was banned for five years from possessing firearms and certain other weapons. After learning that Robinson is Mohawk, however, Justice Alison Wheeler included an exception to her order that allows him to use weapons to hunt, but only for sustenance for his family. The judge stipulated that he’s not allowed to shoot for sport or recreationally. Robinson was initially pulled over by OPP on Highway 401 for speeding, according to assistant Crown attorney John Skoropada. Upon questioning him, however, officers detected alcohol and arrested him, subsequently discovering his unregistered rifle properly stored in his trunk. Robinson told the judge he’s used to hunting on Mohawk land in Tyendinaga Territory and hadn’t realized he needed a permit for his rifle.

Matthew Schmitt, 25, was convicted of failing in late February to comply with a police demand for a breath sample. He was fined $2,000 and prohibited for one year from driving. Schmitt was pulled over by Kingston Police after he drove past two constables standing on the northwest corner of Albert and Brock streets and attracted their attention. He was stopped farther along Brock Street, and a demand was made for a breath sample, but assistant Crown attorney John Skoropada said he refused. Schmitt, Justice Alison Wheeler was told, is currently working on his PhD in chemical engineering at Queen’s University and has no prior criminal or driving record.

Taylor J. Wilkinson, 33, was convicted of making a threat. He was given enhanced credit on 18 days of pretrial custody and sentenced to time served and probation for 18 months.

Shawn Wilson, 28, was convicted of violating probation imposed in October 2017 in Cornwall, by failing to perform 100 hours of free community service work. He was given enhanced credit on 53 days of pretrial custody and sentenced to time served. By the time Wilson’s probation order expired in January, assistant Crown attorney John Skoropada told Justice Alison Wheeler, he’d performed only three of his assigned hours. Wilson’s defence lawyer, Robert Barr, also stipulated that his client’s breach was “wilful” rather than inadvertent.

Jason E. Wood, 40, was convicted of three thefts committed between mid-November and mid-December and mischief by damaging the glass front door of the Skyline Apartments at 87 Compton St. in late November. He was given enhanced credit on 138 days of pretrial custody and sentenced to time served and probation for two years, during which time he’s been ordered to complete assessments, counselling and programs as directed by his probation officer, including counselling and programs directed at substance abuse and psychological issues. Justice Alison Wheeler was told Wood and a male companion stole three pairs of $349 sunglasses and two pairs that each retail for $279 from Kingston Optometry at 2395 Princess St. in mid-November. Thirteen days later, according to assistant Crown attorney John Skoropada, he kicked the front door of the Skyline Apartments during an argument with a woman, cracking the glass. Then two weeks later, in a single day a week and a half before Christmas, Skoropada said, Wood shoplifted his way through three Dalton Avenue outlet stores, stealing a $95 Toronto Maple Leafs sweater and a $40 Adidas tank top from the Adidas Outlet store; $420 worth of merchandise from the Columbia Factory Outlet store; and $160 worth of merchandise from La Vie en Rose Outlet store at King’s Crossing. Wood’s lawyer, Dan Scully, told the judge “not surprisingly, (Wood’s) record is driven by substance abuse.” However, this time around, he told the judge his client has “been participating in programs at Quinte (Detention Centre) and encouraging others to do so, as well.” Justice Wheeler, after reviewing Wood’s record, told him, “the biggest message is, this has to stop.”

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