Badlands Bad Boys (Drumheller) – Charges Withdrawn

Charges:
CC: s.348(1)(B) - Break & Enter and Commit Indictable Offence; s.333.1 - Theft of a Motor Vehicle x 2; s.353.1(4) - Removing a Vehicle Identification Number (VIN); s.354 - Possession of Stolen Property; CDSA: s/4(1) - Possession of a Controlled Substance (Meth).

Allegations:
My client and a co-accused, broke into some buildings at the Badlands Passion Play site and were observed by an employee to be on a red quad, and putting several expensive tools into a large tote.  Both were wearing ski masks.  They also smashed the windows on two vehicles with a hammer, stole tools and other items from inside, and tampered with the ignitions in an attempt to steal the vehicles.  The police simply followed the ATV wheel tracks in the snow, directly to their location, and arrested them with all of the stolen goods.  The quad was also found to be stolen, and the VIN had been removed.  My client was also found to be in possession of meth.

Result:
This matter was scheduled for trial, but since my client was already on probation for other charges, I worked out a deal whereby he pleaded guilty only to the charge of B&E and got probation for an additional 6 months. All other charges were withdrawn.

Charges:
CC: s.334(B) – Theft Under $5000 x 5; s.145(5) – Fail to Attend for Identification x 3; s.145(2)(A) – Fail to Attend Court x 4; s.341 – Fraudulent Concealment of Merchandise; s.403(1)(A) – Impersonation; s.129(A) – Obstructing a Police Officer; CDSA: s.4(1) – Possession of a Controlled Substance (Meth) x 2.

Allegations:
My client stole numerous items from stores, numerous times, worth thousands of dollars; she lied about name; failed to attend for fingerprints and failed to attend court several times, and was found to be in possession of crystal meth a couple of times.

Result:
I had negotiated a deal, whereby my client would plead to some of the offences, be placed on probation for 2 years (for treatment), and all other charges would be withdrawn. However, she didn’t show up at her sentencing hearing, and warrants issued for her arrest – again.

Charges:

CDSA: s.4(1) – Possession of a Controlled Substance (Shatter); TSA Tickets x 2.

Allegations:

After getting pulled over for a traffic infraction, my client admitted to having consumed marijuana prior to driving, as the indicia of impairment were obvious.  He then provided to the police 10 grams of shatter, along with accompanying drug paraphernalia.

Result:

I was able to get him diverted out of the criminal justice system and into the Alternative Measures Program. Upon successful completion of the program requirements, his drug charge was withdrawn as were the two tickets.

Charges:

CDSA: s.5(2) – Possession for the Purpose of Trafficking; CC: s.355(b) – Proceeds of Crime

Allegations:

My client was found to be selling marijuana from his residence.

Result:

I negotiated a plea to simple possession only, instead of trafficking. He received a sentence of probation for 9 months. The other charge was withdrawn.

Charge(s):

CC: s.266 – Assault, s.264.1(1)(a) – Uttering Threats; CDSA: s.4(1) – Possession of Cannibis Resin (hashish)

Allegations:

My client assaulted his wife in their home while he was intoxicated. He became enraged, was pulling her hair and yelling at her, then punched a hole in the wall beside her. He then grabbed her by the arms and pushed her by the chest and throat up against the wall to make him listen to her. She is deaf. He was talking too fast for her to read his lips. She asked him to let her go because she had to use the bathroom. He would not, and she ended up urinating in her pants. My client then started talking about her daughter and stated that he wanted to kill her. He insisted that she drive him to Calgary to see her and her father. His wife told police that he loses his temper many times every day, where he yells, screams, swears and calls her names. He also smokes drugs every night in order to calm himself down and to relax. That night, my client was heavily intoxicated by alcohol, combined with prescription medication. After forcing her to drive him, and while they were driving toward Calgary, my client continued with his tirade and was grabbing the wheel of the vehicle. She pulled over and flagged down a passerby to call the police. While police were dealing with him, he was instantly rude, aggressive and extremely beligerant toward the officers. He refused to obey directions or to answer simple questions, telling the police to “f” off and that it was none of their f-ing business. While handcuffed in the back seat of the police cruiser, he continued to shout profanities and to yell obscenities at the officers, trying to break the door open with his upper body. His wife turned over to police a large block of hashish that she took from my client. The vehicle was also strewn with open and empty cans of beer.

Result:

On the day of trial, the Crown agreed to resolve with a Peace Bond for 12 months. The only conditions being to abstain from the use of intoxicants. All charges were withdrawn. No convictions.