Provincial court:

Youth given 10 months open custody for vehicle thefts

A 14-year-old male youth was placed in open custody for 10 months for his role in stealing two vehicles, dangerous driving and breaking into the Red Wings office.

A co-accused 15-year-old youth involved in stealing a brand-new Sport Utility Vehicle was ordered in Weyburn provincial court to take psychiatric assessment. His lawyer will appear on Sept. 25 for an update on how the assessment is proceeding, and what date he will return for sentencing.

The youths cannot be identified under the Young Offenders Act.

The 14-year-old was first involved in the theft of a vehicle which had been parked in a driveway with the keys left in it; the owner intended to come back out shortly, but took a little longer than he thought he would. When he did go outside, the vehicle was gone; it was found early the next morning stuck in River Park.

On Aug. 12, city police received a complaint about a break-in at the Colosseum, found by a Red Wings employee. Court was told a number of doors were found open, locks were damaged and offices were rummaged through. When the two youths were arrested on Aug. 18 they confessed to the break-in.

The pair stole a new SUV from behind Weyburn Security the afternoon of Aug. 18, and were pursued by an RCMP officer after they almost hit his cruiser. Speeds reached 80 kilometres an hour in the short chase, which ended when they entered an alleyway and rolled the vehicle, causing a minor injury to the 15-year-old.

"When they were found by police they were laughing and joking about the whole caper," Judge Bruce Henning was told. The 14-year-old had six prior convictions in the last year, three of them for property-related offences, and was on probation at the time of this latest offence. The pair have been in custody since their arrest.

The 14-year-old had also pleaded guilty to stealing a $700 bike that was badly damaged, and was now only worth about $100.

Defence lawyer Jamie Struthers said his client asked not to be given a psychiatric assessment which his co-accused friend will be given.

His client also expressed a desire for a shorter closed-custody term rather than open custody, but Struthers said he disagreed, as programs available in open custody would be more beneficial to the youth.

"You're only 14 but you're facing a serious group of charges. If you were an adult you'd be facing a lengthy term in jail. These are not simply the kind of charges that can be overlooked all of these charges in themselves are serious, but together it means you can't be trusted in the community anymore," said Judge Henning, adding the bike theft may not seem as significant as the SUV theft, but it did have a significant impact on the bike's elderly owners.

After the youth has completed his term in open custody, he will be placed on nine months' probation, is to take any programs or counselling as directed, and is to have no contact with the co-accused or any other person designated by the youth court worker. In addition, the youth is to perform 72 hours of community service within six months.

"The warning I give you is if you don't co-operate with the program the only option will be closed custody, because the community can't tolerate the destructive behaviour you engage in," added the judge. Court was also told by the youth court worker that the owner of the SUV indicated a desire to spend some time with the youth once he is back in the community.

William Ouellette had his sentencing for bank robbery adjourned in Regina provincial court. In his court appearance on Thursday, he was given a firearms prohibition for 15 years, and was remanded into custody until Sept. 19 when he will be sentenced.

Ouellette was arrested at a Weyburn residence on July 1 after he robbed the Bank of Nova Scotia on June 30.

A co-accused in this incident, Natalie Sears, charged with possession of cash stolen from the Bank of Nova Scotia, pleaded not guilty in Weyburn provincial court. She will go to trial on Dec. 7. She also faces charges of breach of probation and failing to comply with her recognizance.

Gerald Trobert also appeared in a Regina court on Monday to appeal his conviction and sentence for impaired driving causing death, but the appeal was dismissed.

A 16-year-old male youth was brought in custody to court on Monday, and charged in relation to a second high-speed chase involving the theft of a truck from Weyburn and theft of a car from Macoun on Sept. 3.

He pleaded guilty to charges of mischief, attempted theft, possession of stolen property and dangerous driving, with a number of charges stayed by the Crown. He also had 10 counts of breaches of probation; six were stayed.

The youth pleaded not guilty to a charge of theft of a station wagon and breach of probation on July 29, and a trial will be held on Nov. 6. On the charges he pleaded guilty to, meanwhile, a presentence report already prepared for earlier charges will be updated. The youth was remanded into custody until Sept. 25 when he will be sentenced.

A co-accused female youth was charged with possession of a stolen truck and car, and had her matters adjourned to Oct. 2; she will be appearing in an Estevan court on Sept. 25 on another charge. A male co-accused was charged with theft and possession of a stolen vehicle, and had his matter adjourned to Sept. 25 to allow time to see a lawyer.

George Rosiak, 41, pleaded not guilty to a charge of break, enter and theft at the King George Hotel on Aug. 6. The Crown is proceeding by indictment, and Rosiak elected to be tried in provincial court; the trial will take place on Dec. 21.

Two female youths, each charged with committing an assault on the same person on July 18, appeared in court; one had her charge adjourned to Sept. 25, the second one to Oct. 16, both for plea.

Matthew Farney, 19, facing a number of break, enter and theft charges along with possession of stolen property, had his matters adjourned by agreement to Nov. 6 for plea.

Dale Moore was given an eight-month conditional sentence for fraud charges, breaching a probation order to pay restitution on fraud charges, and failing to appear in court.

The breach charge arose from a restitution order he was given after he pleaded guilty to 21 counts of fraud, in which he was to pay over $3,800. Despite a well-paying job earlier this year, Moore has not made any payments on this restitution order, court was told, as he cited heavy financial problems, and he is currently not working due to an injury. Crown sought a jail term for Moore, as he has had 33 convictions since 1997, 23 of them for fraud.

Judge Henning said he didn't think it was realistic to order restitution, given Moore's history of financial difficulties.

"The question is whether jail time is appropriate at this time. Jail time will not get the victims paid back," said the judge, adding he would not impose a jail term at this time. In addition to the conditional sentence, Moore was ordered to perform 240 hours of community service. Moore said he would be going back to work in October, so the judge gave him nine months to perform the hours.

Kenneth Kleven, 32, pleaded guilty to break-and-enter to a home on Bannerman Street on Aug. 1 and committing mischief. The Crown stayed his remaining charges, including committing mischief and unlawfully being in a dwelling house to commit an indictable offence.

Police Chief Bill Millar told court police had received a complaint that a house had been broken into with some damage done; the incident arose from a domestic dispute in which the accused became enraged over actions by the victim.

Defence lawyer Struthers said his client was willing to make restitution for the damage caused, and is undergoing counselling. The matter was adjourned for two weeks to update information on the domestic situation, and will return on Sept. 25 for sentencing.

Kendal Frederickson, 18, pleaded guilty to charges of theft of a truck on Sept. 2 and impaired driving. He also had charges of failing to appear and breach of probation.

He was placed on probation for one year, ordered to perform 60 hours of community service work, and was fined $600 for impaired driving, along with a one-year suspension of his driver's licence.

Martin Sammy, 36, elected to have his charges tried by Queen's Bench judge alone, with a preliminary hearing to be held in provincial court on Dec. 7. His charges include possession of marijuana for the purpose of trafficking on May 30.

Meanwhile, a presentence report was prepared on charges of break, enter and theft from a rural home, possession of a stolen truck and attempted theft of a van. Sentencing in this matter was adjourned to Oct. 16.

Daniel Georghiades, 22, entered a not guilty plea to a charge of possession of a stolen TV and microwave from Queen Elizabeth School. He will face trial on this charge on Dec. 18, when he will also be on trial for a charge of occupying a motor vehicle which had been taken without the owner's consent.

David Kent, 54, had a new trial date set for Dec. 11, on a charge of possession of stolen speaker boxes, 12-inch subs and an amplifier.

Dwight LaCoste, 56, had his charge of committing mischief by interfering with the lawful use of property adjourned without plea to Oct. 23, when it will be spoken to.

A male youth was sentenced on a charge of breach of probation, and was placed on six months probation and ordered to pay $62 in restitution within three months. The original probation order arose out of a charge of theft of a bike, in which he was ordered to make repairs to the bike that had been returned to its owner.

He was also ordered to perform 30 hours of community service work, and was fined $175 for having open liquor in a motor vehicle.

Les Leas pleaded guilty to a charge of uttering a death threat. Court was told the charge arose as a telephone operator notified police after talking to a man who called from a pay phone, and said he had a gun and was going to kill some people or himself.

When police caught up with him, they found he didn't have any guns, but did cause distress through his threats. Judge Henning suspended sentencing for one year, and ordered Leas to take any counselling as directed by the probation officer, including alcohol treatment.

Brian MacKay pleaded guilty to breach of probation by not complying with a condition that he take addictions counselling for alcohol use. Judge Henning fined him $500, and ordered the probation to continue, including the obligation to take counselling as directed by the probation officer.

The probation order arose from a charge of breaking into a municipal water hut and stealing money from the coin box inside.


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