A compilation of offences from Kingston’s Ontario Court of Justice for the period of Nov. 13 to 16, 2018. Only sentences that involved a large fine, probation or incarceration are included.
John Breault, 25, was convicted of assaulting his mother and a police officer subsequently summoned to deal with him. He was given enhanced credit on 56 days of pretrial custody and sentenced to time served and probation for three years. Breault, according to assistant Crown attorney John Skoropada, got into an argument with his mother in late September after he arrived home drunk following classes at Queen’s University. Skoropada told Justice Richard T. Knott that Breault still lives in his parents’ Kingston home. At some point during the disagreement, he said, the pair were in one of the home’s bedrooms and Breault bit his mother on the nose. She called police and, Skoropada said, he then compounded his woes when he “donkey kicked” one of the officers. Breault’s lawyer, Dawn Quelch, said her client “has regretted his actions from the moment he sobered up.” She also told Justice Knott that for the first time he’s willing to admit he has a problem with substance abuse. “Twenty-five years old, no criminal record and you jumped into it with both feet,” Justice Knott observed in sentencing him.
Matthew J. Costa, 22, was convicted of violating a condition of probation imposed on him in October 2017 that forbid him consuming alcohol. He was fined $200. Assistant Crown attorney John Skoropada said Coster was driving north on Perth Road in July when he was pulled over by an OPP officer. He was given a roadside ALERT test, Skoropada told Justice Richard T. Knott, and he registered a “warning,” which was not high enough to charge him with drinking and driving, but did violate his probation.
Keenan Culligan, 18, was convicted of escaping custody. He was fined $200.
Kurt C. Dehnert, 57, was convicted of carelessly discharging a firearm. He was fined $500 and his 12-gauge shotgun was ordered forfeited to the Crown. He’s also forbidden for 10 years from possessing firearms and other weapons. Dehnert was charged in mid-September, Justice Richard T. Knott was told, after two of his rural neighbours in South Frontenac Township complained about him discharging a 12-gauge shotgun in a back field. Assistant Crown attorney John Skoropada said the initial report suggested birdshot from the shotgun had struck the siding of one of the neighbour’s homes. But Skoropada said police found no damage to the home consistent with gunfire and no pellets near the property. Defence lawyer Lawrence Silver told Justice Knott that Dehnert has muscular sclerosis and is licensed to grow his own medical marijuana, which has created some problems with thievery, hence the warning shot. Justice Knott asked Dehnert if he wanted to say anything before he passed sentence, and the 57-year-old replied, “only that I regret that I was put in a position where I felt it was necessary to take such drastic action.”
Thomas Dexter, 54, was convicted of assaulting his partner. He was given enhanced credit on six days of pretrial custody, sentenced to time served and probation for two years. Justice Richard T. Knott was told that Dexter and the victim met about a year ago while both were involved in a program to overcome substance abuse. In early November, they both fell off the wagon and, assistant Crown attorney Gerard Laarhuis said, Kingston Police were called by neighbours, who reported they were fighting at 1:30 in the morning. Officers found both heavily intoxicated, he told the judge, and the victim reported that Dexter had come into the bedroom, punched her multiple times in the hip and attempted to lift the mattress and tip her onto the floor. Dexter was apologetic in court and Laarhuis noted that following his arrest, he’d been remorseful and trying “at every opportunity,” to plead guilty to the assault charge.
Anthony L. Dilorenzo, 47, was convicted of stealing a woman’s wallet from a parked car in mid-October and a related violation of probation he received in July, that requires him to keep the peace. He was given enhanced credit on 34 days of pretrial custody and sentenced to time served. Dilorenzo was walking on Stanley Street shortly after 5 p.m. when he reached into a parked car and grabbed a woman’s wallet from the seat. The victim of the theft and a second woman chased and caught Dilorenzo, who gave up without a fight. Dilorenzo’s lawyer, Dan Scully, told Justice Richard T. Knott that his client has mental health issues that include schizophrenia, and he’s currently participating in the community forensic program, which ensures that he receives monthly injections of his prescribed medications. Assistant Crown attorney John Skoropada joined with Scully in recommending time served to the judge, observing that “Anthony struggles in the community.”
Brendan J. Fitzgerald, 24, was convicted of violating probation imposed in January 2017, by failing to attend court ordered drug counselling and subsequently missing court in July this year. He was given enhanced credit on seven days of pretrial custody and sentenced to a further 34 days of intermittent jail on weekends. Justice Richard T. Knott was told Fitzgerald had a “chequered reporting history.” When it was learned well into his one-year probation that he’d failed to follow up on a drug program he’d been directed to take, Crown attorney Ross Drummond said, he was referred to a different program. But he failed to report there as well, and after missing his second session, Drummond said, he was dismissed from the program. Justice Knott, in sentencing him, told Fitzgerald, “the reason you’re put on probation is to provide rehabilitation for you. We can always give you more jail.”
Lea T. Garrison, 36, was convicted of driving with more than the legal concentration of alcohol in her system. She was fined $1,250 and prohibited for one year from driving. Garrison was charged, Justice Richard T. Knott was told, after Kingston Police responded to a two-car collision in the Bayridge area. There were no injuries, according to Crown attorney Ross Drummond. But he told the judge one of the officers smelled alcohol on Garrison and she admitted having consumed three beer after learning of the death of an uncle and an argument with her boyfriend. Later breath testing produced readings of 170 mg and 160 mg of alcohol per 100 ml of her blood volume, double the legal limit to drive.
Asad Jodairy-Ahangaran, 87, was convicted of assaulting his wife of 62 years. He was given enhanced credit on 14 days of pretrial custody, his sentencing was suspended and he was placed on probation for two years. Justice Richard T. Knott was told Jodairy-Ahangaran was charged in late August after Kingston Police were dispatched to the car pool lot on Highway 38 at Highway 401 to investigate reports of two men fighting. Assistant Crown attorney Gerard Laarhuis said officers arrived to find an older female and Jodairy-Ahangaran already in separate ambulances. The couple’s adult son, who was visiting from the U.S., told officers he was driving his parents to Walmart when his father became overwrought. The episode was initiated, Laarhuis told the judge, by the younger man’s refusal of money from his father and him telling the older man he wanted the abuse of his mother to stop. The son revealed to police that his father had assaulted his mother throughout their marriage and said he spoke up after learning that it continued to happen. His father became angry, according to the son’s account, and started yelling and pointing at his mother. Laarhuis said the son told police he’d been forced to pull over and was pulling his father out of the car when a passerby called police. Laarhuis said the victim later revealed to officers that two months earlier her octogenarian husband had pushed her into a wall: But she didn’t want him charged. She told Justice Knott, in person, that she wants him returned to her. Laarhuis said the couple’s son stopped co-operating with police after his father was arrested.
Emily F. Johnson, 27, was convicted of possessing fentanyl for the purpose of trafficking and violating a condition of probation imposed in November 2016 that forbid her possessing or consuming street drugs. She was given enhanced credit on 63 days of pretrial custody and sentenced to a further 39 months in penitentiary. Johnson was arrested in mid-July by Kingston Police, according to federal Crown prosecutor Courtney Cottle, as a consequence of calls from the community about a person sleeping on the lawn of an Old Oak Road property. Officers investigated shortly after 10 p.m. and quickly discovered that Johnson was wanted on two warrants. Cottle told Justice Richard T. Knott that Johnson was anxious at the time and asked that the officers not leave her backpack behind, and it was duly brought with her to police headquarters. When it was opened to log the contents into her property bag, however, Cottle said, it was found to contain a vacuum sealing machine, drug packaging, $860 cash, digital scales and five grams of powder, which upon analysis was found to contain fentanyl. Johnson’s lawyer, Dave Crowe, told Justice Knott his client has “bipolar issues,” post-traumatic stress disorder and a Grade 10 education. Cottle noted the dangerous nature of fentanyl and, in recommending prison, told the judge, “those who use and sell it are putting members of the community and themselves at risk.”
Ryan P. Lapointe, 27, was convicted of thefts from the trunks of vehicles parked in the driveways of a home on Van Order Drive in mid-September and on Alwington Place six days later in late September. He was given enhanced credit on 55 days of pretrial custody and sentenced to time served but no probation, having already been placed on probation for 18 months in July. Crown attorney Ross Drummond told Justice Richard T. Knott that Lapointe stole an estimated $495 to $595 worth of personal property from the car on Van Order Drive, including various credit cards. He was later connected to the theft, Drummond said, by surveillance video from a convenience store on Aberfoyle Road, where he used one of the stolen credit cards to buy snacks. About a week later, according to Drummond, Kingston Police investigating a complaint about suspicious males were checking out a car on Ellerbeck Street, with an associate of Lapointe’s behind the wheel, when Lapointe returned carrying a racket bag. Drummond said Lapointe told the officers the bag and its contents were his, but when one of the officers looked inside he saw a pair of size 7 1/2 women’s shoes. Lapointe, asked his shoe size, responded “12.” Lapointe suggested to Justice Knott that he’d hit “a rough patch” and complained, “it’s a little hard to live on the street.” The judge told Lapointe, “I don’t know what to say to you. Your record is replete with similar offences.”
Sheena M. MacNamara, 33, was convicted of violating probation she received in mid-August by failing to report to her probation officer in August and September. She was given enhanced credit on 57 days of pretrial custody and sentenced to time served. MacNamara’s lawyer, Dan Scully, urged a sentence of time served and told Justice Richard T. Knott his client has mental health issues, but is now on a mood stabilizer and anti-anxiety medication and has an apartment to return to and support in the community.
Michael J. McClennan, 37, was convicted of possessing a knife for a dangerous purpose. He was given enhanced credit on 11 days of pretrial custody and sentenced to a further 13 days in jail. Kingston Police arrested McClennan in early November, according to assistant Crown attorney John Skoropada, after reports were received of a man waving a knife around in a Bath Road convenience store. He told Justice Richard T. Knott that officers arrived to find McClennan standing near the magazine rack making involuntary body movements. But there was no suggestion he’d actually menaced anyone with what turned out to be a paring knife with a three-inch blade. It was suggested to the judge that McClennan was high and literally just waving the knife with no discernible intention. Skoropada said he was ordered to lay on the ground and officers searched him, discovering a kit inside his coat containing used hypodermic needles. Defence lawyer Lawrence Silver told the judge that McClennan has lived in Kingston for eight years, but his only connection to the area was his wife, who recently died. Consequently, he said, McClennan wants to return to the Toronto area. McClennan told Justice Knott: “I’m not happy with my record and another 10-15 days in jail, it’s not going to kill me. But it’s not going to help me, either.” Justice Knott noted, however, that McClennan was placed on probation in mid-May. And even though he wasn’t charged with a breach, the judge said it’s his view that when someone commits a new offence while already on probation “it’s 30 days.”
Cody J. Morgan, 27, was convicted of criminal harassment. He was given a 12-month conditional sentence to serve in the community, under restrictions, and two years of probation.
Timothy P.J. Nelson, 25, was convicted of violating two conditions of probation he received in Napanee in November 2016, by not reporting to his probation officer in April last year and by failing to attend the Partner Assault Response Program as directed; plus a subsequent breach of bail he was granted in June 2017, when he failed to report to the bail supervision program administered by the John Howard Society. He was given enhanced credit on 22 days of pretrial custody and sentenced to a further 57 days in jail.
Shayne C. Robinson, 45, was convicted of violating a non-communication order attached to bail he was granted in early July. He was given enhanced credit on 20 days of pretrial custody and sentenced to time served. Justice Richard T. Knott was told Robinson was charged in late October after Ontario Provincial Police answered a call for assistance with a woman who has mental health issues and was in distress. They arrived to find Robinson there as well, although the terms of his bail forbid him contacting or communicating with the woman. Crown attorney Ross Drummond said OPP apprehended the woman under the Mental Health Act and took her to hospital.
Matthew B. Smith, 34 was convicted of two violations of probation he received in early November, by not reporting to his probation officer and failing to keep the peace; plus a theft from the 1100 Princess St. Loblaws store. He was given enhanced credit on four days of pretrial custody and sentenced to a further 24 days in jail. Smith, who had no record when he appeared in court here on his first theft charge, had been granted a discharge, conditional upon his successful completion of 12 months of probation. Assistant Crown attorney John Skoropada said he subsequently failed to meet with his probation officer, however, and seven days after the discharge was granted, he was observed by Loblaws loss prevention staff shoplifting in the supermarket. Smith abandoned his stolen haul and ran off, according to Skoropada, when store security confronted him outside, but he was later tracked to the Seven Oakes Motel and arrested. Defence lawyer Lawrence Silver said Smith told him he’s a graduate of the University of British Columbia, holds a bachelor of business administration degree, and held a number of jobs in his field before moving to Ontario in 2016. He began abusing drugs, according to Silver, after his marriage fell apart.
Shannon A.M. Timmerman, 32, was convicted of assaulting her mother. She was given enhanced credit on 88 days of pretrial custody, sentenced to time served and 12 months of probation. Timmerman has serious mental health issues, including what her lawyer Dave Sinnett described as a persistent delusion that her children are in imminent danger and immediate distress. She often claims she can hear them screaming. In mid-August, Justice Richard T. Knott was told, she was on Princess Street in downtown Kingston when she ran into her own mother. Assistant Crown attorney John Skoropada said she asked the older woman for money, and when her mother said she didn’t have any, Timmerman struck her several times in the head. He told the judge there were no lasting injuries, however. Justice Knott, after inviting Timmerman to speak and listening to her rambling, disjointed reply, admonished her to co-operate with her psychiatric Assertive Community Treatment (ACT) Team.
Ronald J. Vanalstine, 51, was convicted of possessing a steak knife for a dangerous purpose and illegal possession of a prohibited switchblade knife. He was given enhanced credit on 80 days of pretrial custody. His sentencing was suspended and he was placed on probation for 12 months and prohibited from possessing weapons. Justice Richard T. Knott was told Vanalstine has an adult protection worker as a consequence of his intellectual deficits, but he’s able to live independently. Crown attorney Ross Drummond said Vanalstine was charged with the weapons offences in early August after his behaviour alarmed paramedics checking on the welfare of a patient at the Knights Inn around 9 p.m. The judge was told Vanalstine approached them, holding a steak knife, tucked up at his side and, Drummond said, they thought his gait was “abnormal,” and that he appeared amused when they retreated from him. The paramedics called for police backup and, Drummond said, Vanalstine no longer had the steak knife in hand by the time officers arrived. When he was searched, incident to arrest, however, he was found to have a switchblade in his pocket. When it was uncovered, Drummond told the judge, Vanalstine spontaneously announced, “that’s not the knife I had.” Justice Knott ordered Vanalstine to complete assessments, counselling and programs as directed by his probation officer and barred him from possessing weapons. He made a point of telling Vanalstine that includes knives that are being used for anything other than food.
Michael A. Washer, 56, was convicted of assaulting his longtime partner. He was given enhanced credit on 82 days of pretrial custody, sentenced to time served and probation for two years. Assistant Crown attorney Gerard Laarhuis told Justice Richard T. Knott that Washer and the victim have had a “volatile” 29-year relationship “much fuelled by drug use by both of them,” and Kingston Police have been called many times to deal with their disputes. In late August, he said, Kingston Police were called yet again by a neighbour of the couple who witnessed Washer, heavily intoxicated, trying to force his way into his residence while his partner tried to hold the door shut against him. Her efforts ultimately failed, according to Laarhuis, and Washer forced his way through the doorway and started punching the woman. Washer’s lawyer, Doug Haunts, said his client “has had a terrible problem with drugs and alcohol for many years.” However, he’s now on prescribed medication for paranoid schizophrenia, according to the defence lawyer, and Haunts told the judge his client claims the relationship is now over.
Thomas M. Washer, 24, was convicted of assault. His sentencing was suspended and he was placed on probation for three years.
Laura L. Wilson, 43, was convicted of assaulting a police officer and violating probation imposed on her last December, by failing to keep the peace. She was given enhanced credit on 29 days of pretrial custody and sentenced to time served. Justice Richard T. Knott was told Kingston Police were dispatched in mid-October to investigate a trespassing complaint on Montreal Street. Assistant Crown attorney John Skoropada said an officer found Wilson in the rear yard of a property to which she had no connection. She was combative when approached, however, and while walking her back to the police cruiser, Justice Knott was told, Wilson spat in the officer’s face. Her lawyer, Dan Scully, told the judge that Wilson has had substance abuse issues in the past. But he said her main problem, currently, is homelessness.
