In the Courts: Feb. 1-5, 2021

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A compilation of offences from Kingston’s Ontario Court of Justice for the period of Feb. 1-5, 2021. Only sentences that involved a large fine, probation or incarceration are included.

Lyle Daye, 29, was convicted of violating probation he received in October 2020 by failing to report to his probation officer between November 2020 and January 2021. He was given double credit on 15 days of pretrial custody and sentenced to time served. Daye’s defence lawyer, Mark Snider, told Justice Allan Letourneau his client has mental health issues compounded by addiction, and Daye, speaking for himself, assured the judge that: “It won’t happen again,” because “I’ve turned my life around.” Daye said he was “so taken up with COVID” that he simply forgot to check in with probation services.

David J. Hewlett-Weiler, 37, was convicted of four break-ins, possession of a burglar tool suitable for breaking into coin-operated machines such as washers and driers, disguising himself with intent to commit a crime and failing to comply with a condition of release. He was given enhanced credit on 336 days of pretrial custody and was sentenced to time served and probation for two years. Justice Allan Letourneau additionally issued restitution orders against Hewlett-Weiler for $1,640 damage he caused in buildings maintained by Springer Property Management and $343.85 he now owes to an individual property owner.

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Devon Kerr, 29, was convicted of threatening a female neighbour in November 2020 and a related violation of probation he’d received in October 2019 by failing to keep the peace. He was given double credit for 86 days spent in pretrial custody and was sentenced to time served and probation for two years, during which time he must complete assessments, counselling and programs of rehabilitation as directed by his probation officer, particularly for anger management and alcohol and substance abuse. He’s also forbidden from approaching within 50 metres of his victim. Justice Allan Letourneau was told that Kerr and his neighbour had a number of confrontations prior to the incident in November. On the day of the incident, however, assistant Crown attorney John Skoropada said, the woman reported him to their landlord over a loud argument he was having with his girlfriend. The sounds of the dispute stopped after the call was made, Skoropada said, but later Kerr began to sing loudly and told the complaining neighbour to “shut the f— up” or he’d have his girlfriend beat her up. The judge was told that Kerr also informed the woman he was aware that she and her roommate were afraid of his dog and he threatened to loose the animal on them. Kerr’s lawyer, Mark Snider, disclosed that his client has a problem with alcohol but told the judge, “When he’s not under the influence of alcohol, he’s very pleasant to deal with.”

Ryan MacIntosh, 28, was convicted of operating a motor vehicle when his ability to drive was impaired by a drug. He was fined $1,000 and prohibited from driving.

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Thong T. Nguyen, 45, was convicted of committing mischief in early January by breaking a window of Evangel Pentecostal Church at 251 Wilson St., and a related violation of a release order granted in Toronto that required him to confine himself to his residence there except when attending court or counselling or in the company of his bail surety. He was given double credit on 30 days of pretrial custody and sentenced to time served. Justice Allan Letourneau was told that Nguyen, after breaking into the church, fell asleep under a table. Defence lawyer Allan Lobel said his client caused the damage only to get inside because he was freezing. Lobel also mused that there was a time when churches were left unlocked and described the broken window as “unfortunate.” Assistant Crown attorney John Skoropada didn’t oppose Lobel’s recommendation on his client’s pretrial custody, but he did urge that Nguyen be sentenced to serve a further 30 days in jail. Justice Letourneau declined to sentence Nguyen to further jail and said the Crown’s position was reasonable, but he observed that it was a very cold night. “That doesn’t excuse the conduct,” the judge added, “but it puts it in perspective.”

Jerry A. Perrin, 35, was convicted of driving in mid-September 2020 with more than the legal concentration of alcohol in his system. He was fined $2,000 and prohibited for one year from driving. Perrin was in the parking lot of an LCBO outlet on Bath Road, according to assistant Crown attorney John Skoropada, when an employee of the outlet called Kingston Police, concerned about Perrin’s ability to drive. Defence lawyer Rod Bennett told Justice Allan Letournau that Perrin was afterward very remorseful, however, and wanted to assure the judge that it would never happen again.

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Ryan A. Roettger, 32, was convicted of having care or control of a motor vehicle when his ability to drive was impaired by a substance. He was fined $2,000 and prohibited for one year from driving. Roettger was charged in mid-March 2020, according to assistant Crown attorney John Skoropada, after he was found passed out and slumped over the wheel of his vehicle in the parking lot of a small strip mall at 235 Montreal St. It was mid-afternoon when Kingston Police responded to a complaint about the vehicle, and the judge was told officers found the car with its motor running and Roettger and his male passenger both unconscious inside. Roettger had no prior record, but Skoropada said he was subsequently found to be in possession of what was thought at the time to be fentanyl. However, Roettger’s lawyer, Sarah Black, told the judge that the substance seized from her client was later found to be a dietary supplement. She also informed Justice Letourneau that Roettger has been sober since his arrest and is currently in a methadone program.

Bryon D. Ruttan, 22, was convicted of threatening and failing to comply with a condition of release. His sentencing was suspended and he was placed on probation for two years. He was also convicted two days later on a charge of assault that involved choking and was given enhanced credit on 116 days of pretrial custody and sentenced to a further six days in jail. Ruttan was ordered, while on probation, to complete all assessments, counselling and programs of rehabilitation, including the Partner Assault Response Program, as directed by his probation officer and he must maintain contact with Community Living Kingston and the Dual Diagnosis Clinic.

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