A compilation of offences from Kingston’s Ontario Court of Justice for the period of March 11-15, 2019. Only sentences that involved a large fine, probation or incarceration are included.
Colin G. Bancroft, 37, was convicted of driving with more than the legal concentration of alcohol in his system a few days before Christmas last year. He was fined $1,500 and prohibited for one year from driving. Bancroft was charged, according to assistant Crown attorney John Skoropada, after he put his car in the ditch at Portsmouth Avenue and John Counter Boulevard. He was found there at 2:12 a.m., and Justice Allan Letourneau was told subsequent breath testing produced readings of 160 mg of alcohol per 100 ml of his blood-volume. Bancroft’s lawyer, Adam Little, told the judge his client is just about to start a new job in Toronto, and Bancroft said he entered the relatively early guilty plea because “I just wanted to be accountable for my mistake.”
Vladimir Blazek, 71, was convicted of violating a rule of the Sex Offender Information Registry by failing to report annually, as required, for seven years. He was given a four-month conditional sentence to serve in the community, the first two months on house arrest and the final two subject to an 11 p.m. to 6 a.m. curfew. He was also fined $750. Blazek, who once held a management position at the old Alcan operation, was ordered onto the registry in 2003 following a conviction here for possessing child pornography — two years after he’d been caught in a U.S. Customs sting that saw him travel to Arizona, hoping to have sex with a 14-year-old boy. He was sentenced in the U.S. to 18 months in prison and fined $8,000. His lawyer, Mike Mandelcorn, told Justice Alison Wheeler that his client was born in the former Czechoslovakia in 1948 and emigrated to Canada in 1981. He returned to the Czech Republic in 2010 on a visit, according to Mandelcorn, found work in his field and stayed there. When he returned to Canada for a visit in 2018, he was met by police at the airport in Montreal and taken into custody.
Michael A. Caron, 43, was convicted of communicating with a person under 18 for a sexual purpose, two violations of a judge’s order intended to curtail his access to children, and two breaches of probation. He was given enhanced credit on 215 days of pretrial custody, sentenced to a further 407 days in jail — the equivalent, overall, of a two-year sentence — and was placed on probation for three years..
Jordan Cassibo, 21, was convicted of assault, two bail violations and illegally possessing “crack” cocaine. He was given enhanced credit on 23 days of pretrial custody, sentenced to 82 further days in jail and probation for 18 months.
Lindsay Chambers, 27, was convicted of public mischief by falsely reporting a crime. She was given a six-month conditional sentence to serve in the community, the first three months on house arrest and the final three subject to an 11 p.m. to 6 a.m. curfew.
Jacob D. Cousineau, 23, was convicted on two probation violations. He was given enhanced credit on four days of pretrial custody and sentenced to 12 days of intermittent jail to be served on weekends.
Philip M. Croft, 38, was convicted of assault. His sentencing was suspended and he was placed on probation for 12 months and ordered to complete all assessments, counselling and programs of rehabilitation as directed by his probation officer.
Brandon A. Desjardins, 28, was convicted of driving while impaired in February 2018 and failing to comply with a police demand for a breath sample. He was fined a total of $2,500 and prohibited for one year from driving.
John C. Dunlop, 59, was convicted of driving with more than the legal concentration of alcohol in his system. He was fined $3,000 and prohibited for one year from driving. Dunlop was charged in mid-February 2018, according to assistant Crown attorney John Skoropada, after the car he was operating that afternoon on Gore Road left the roadway and got stuck in a snowbank. Skoropada told Justice Allan Letourneau some passing motorists reported his predicament to police and they in turn discovered Dunlop’s condition behind the wheel. Later breath testing, he said, produced readings of 160 mg of alcohol per 100 ml of Dunlop’s blood-volume, double the legal limit to drive. Dunlop has a prior, dated, 1991 conviction for drinking and driving, and his lawyer, Clyde Smith, revealed he didn’t have a licence when he took the car out for a spin. He told Justice Letourneau his client suffered a serious head injury “some years ago” and now has epilepsy. Prior to that, Smith said, Dunlop was “a very active man.” He told the judge as well that Dunlop had extensive post-secondary education and said he spends his time writing and working on his computer for the most part. Smith didn’t elaborate on why his client decided to drive that day.
Melissa A. Kempenaar, 29, was convicted of stealing merchandise in early September 2017 from Boathouse, a store in the Cataraqui Centre; threatening the store’s female loss prevention officer when she was intercepted; and related charges of possessing a knife for a dangerous purpose and illegally possessing fentanyl. She was given enhanced credit on 21 days of pretrial custody, sentenced to time served and two years of probation. Justice Allan Letourneau was told the store’s loss prevention officer was suspicious of Kempenaar and stopped and questioned her as she was exiting around 6:30 p.m. Assistant Crown attorney John Skoropada said Kempenaar allowed the female security employee to search her purse but reacted badly when she turned up an item of unpaid Boathouse merchandise. He said Kempenaar challenged the store employee to fight, threatened to beat her up, and produced and clutched a small paring knife before fleeing with her shopping companion. She was subsequently caught and arrested, however, and when searched, incident to arrest, was found to have $300 worth of Boathouse merchandise and 0.2 of a gram of fentanyl in her possession. Kempenaar’s lawyer, Dave Sinnett, said his client has since completed a 21-day drug treatment program and told Justice Letourneau she’s currently in a methadone program, has stayed out of trouble for 18 months, and is looking for employment.
Mark Kisnics, 44, was convicted of breaking into a Runnymede Road apartment with a male companion in September 2017 and attempting a robbery while armed with pepper spray, plus outstanding earlier and unrelated charges of theft, violating bail and breach of a release undertaking. He was given enhanced credit on 536 days of pretrial custody and sentenced to a further 776 days prison, his total sentence deemed equivalent to 52 months of custody. Kisnics and his partner in crime were intent on stealing firearms from the apartment’s occupants and he grappled with the the female householder after crawling through a window and demanding, “where are the guns?” She and her male partner forced Kisnics and his partner in crime out, however, and shot at them as they fled, wounding Kisnics in the abdomen and his companion in the shoulder. Justice Allan Letourneau, in sentencing Kisnics, noted that the longest sentence he’s served previously was 12 months, more than 20 years ago. The judge observed that this sentence represents “a big jump.” Kisnics told the judge, in return, that this last caper came close to killing him, and he said he’s had time to reflect while in pretrial custody and plans to make some changes when he gets out.
Kyle A. Loyst, 26, was convicted of a theft from Kingston’s Walmart in early March and a related violation of probation he’d received in Peterborough in April last year, which required him to keep the peace. He was given enhanced credit on 11 days of pretrial custody and sentenced to a further 13 days in jail. Assistant Crown attorney John Skoropada said Loyst was arrested after he tried to walk out of the store without paying for four DVDs he’d selected. Loyst requested time served through defence lawyer Mike Rode, but Justice Allan Letourneau rejected his petition, observing that the Crown prosecutor’s recommendation for 30 days jail, less pretrial custody was reasonable, given Loyst’s record, which he described as “pretty bad.” The judge told him that even if he ignored the convictions for violence, Loyst’s rap sheet was still replete with convictions for theft, mischief and breaches of court orders, and yet he’d received probation repeatedly. Rode told the judge that Loyst has a problem with drugs and was trying to control it with the aid of Suboxone. Since he’s been in Quinte Detention Centre, however, Rode said, he hasn’t been able to get the drug. He also told Justice Letourneau that Loyst’s right ear was infected. Loyst said he realizes the theft was “the stupidest thing I could have done,” and suggested it was a relapse in response to emotional stress. Letourneau wasn’t moved, however. He told Loyst “the record speaks for itself,” and added that it left him with virtually no confidence that Loyst would behave himself when released.
Candice Marsh, 31, was convicted of a break-in on University Avenue last October and possession of an unrelated stolen credit card when she was arrested for the burglary in late January. She was given enhanced credit on 43 days of pretrial custody and sentenced to a further 175 days in jail. Justice Allan Letourneau was told that Marsh was charged after DNA analysis results came back on a cigarette butt found by police investigators inside the student residence after the break-in was reported. Assistant Crown attorney John Skoropada said an arrest warrant was issued for Marsh on the basis of that evidence and she was subsequently picked up. When she was searched, incident to arrest, he told the judge, she was found to be carrying another woman’s MasterCard, which had been reported stolen several weeks earlier. Marsh’s lawyer, Matt Hodgson, said his client has a history of addiction and is currently on a methadone program, which she says has been of some assistance. He also noted the joint-recommendation on sentencing was the equivalent of eight months of custody and, had his client chosen to fight the initial charge there were triable issues. He suggested to Justice Letourneau that an argument could have been made that there were explanations other than burglary for his client’s DNA ending up in the house.
Hannah D. Olan, 20, was convicted of assaulting a peace officer and violating bail. She was given enhanced credit on 10 days of pretrial custody. Her sentencing was suspended and she was placed on probation for 18 months.
Mary J. E. Pickett, 25, was convicted of stealing a credit card and violating probation. She was credited with 92 days of pretrial custody and sentenced to time served and 18 months of probation. Pickett’s lawyer, Doug Caldwell, told Justice Alison Wheeler that his client, while she was in jail awaiting sentencing, lost six friends to fentanyl overdoses, one of them a close friend.
Charles Reynolds, 39, was convicted of committing mischief late last October by intentionally smashing the window of an apartment on Rideau Street and a related violation of a police-issued release undertaking that required him to keep the peace. He was sentenced to 30 days in jail, probation for 18 months, and Justice Allan Letourneau ordered him to pay $500 restitution to the building’s owner. The tenant who lives in the apartment that Reynolds targeted was walking home on Rideau Street around 8 p.m. the night it happened, Justice Letourneau was told, and witnessed Reynolds throwing something at his window. Moments later, Reynolds ran past the man, according to assistant Crown attorney John Skoropada, announcing as he ran that “he’d told him (the victim) that he’d get back at him.” Five months later in court, however, Reynolds told the judge it was a “stupid move. Someone did something to me,” he said, “and I retaliated like an idiot.”
David J. Thom, 46, was convicted on two counts of trafficking, illegal possession of a controlled substance, possession of property obtained by crime, violating bail and unauthorized possession of a weapon. He was sentenced to 42 months in prison.
Leo M. Villeneuve, 52, was convicted of illegally possessing 0.2 of a gram of methamphetamine in early February this year and violating bail a month later by being away from his residence without his surety or an approved reason. He was given enhanced credit on 31 days of pretrial custody and sentenced to a further 13 days in jail. Justice Allan Letourneau was told a patrolling Kingston Police officer “came in contact” with Villeneuve while driving north on Patrick Street at Stephen Street and arrested him for drug possession. Villeneuve was later released on bail, but it was stipulated that he was confined to his residence unless in the company of his bail surety, responding to a medical emergency, on his way to court, or attending to a short list of other necessities. He was caught violating that condition in early March, according to assistant Crown attorney John Skoropada, when Kingston Police responded to a call for a safety check at Nelson and York streets. A passerby had reported, shortly after noon, that there was a man just sitting on the sidewalk at that corner in the cold, and when officers investigated, Skoropada said, it turned out to be Villeneuve. In advancing the equivalent of a 60-day jail sentence for Villeneuve, as a joint recommendation with the Crown, defence lawyer Matt Hodgson suggested to the judge that there were triable issues related to the drug charge and the officer’s grounds for searching his client.
Krittani Vongsuttachit, 25, was convicted of driving in late December 2016 while impaired. He was fined $2,500 and prohibited for one year from driving. Vongsuttachit was behind the wheel of a Honda Prelude, travelling south on Albert Street around 1:30 a.m. a couple of days after Christmas, according to assistant Crown attorney John Skoropada, when he ran a stop sign at Mack Street, doing 20 km/h. Skoropada said Vongsuttachit’s car then suddenly veered left, jumped the curb and hit the guide wires of a telephone pole — with a Kingston Police cruiser not far behind him. Justice Allan Letourneau was told Vongsuttachit was in Canada on a student visa at the time, but has since overstayed and “once the CBSA (Canada Border Services Agency) finds out (about the conviction), he will be deported, sir,” defence lawyer Mike Rode told the judge. “And there’s no right of appeal.” Rode said Vonsuttachit is the son of a government employee in Thailand and came to Kingston to attend St. Lawrence College, where he was initially enrolled in a biotech program. He also took some courses in engineering, according to Rode, but was unable to continue his studies after he was charged by police.