A compilation of offences from Kingston’s Ontario Court of Justice for the period of Dec. 10 to 14, 2018. Only sentences that involved a large fine, probation or incarceration are included.
Paulo M. Amaral, 35, was convicted on three counts of possessing property obtained by crime, illegal drug possession, possession of a weapon contrary to a prohibition order and violating bail. He was given a one-year conditional sentence to served in the community under restrictions, and probation for two years.
Nicole Bos, 27, was convicted of illegally possessing 24 grams of crystal methamphetamine and 12 grams of cocaine. Her sentencing was suspended. She was placed on probation for three years and was ordered to perform 100 hours of community service and to complete all assessments, counselling and programs as directed by her probation officer, including counselling addressing power imbalances in relationships. Justice Larry O’Brien also ordered the forfeiture of $7,870 and drug paraphernalia, seized by Kingston Police. Federal Crown prosecutor Courtney Cottle told the judge that Bos was charged in early April after police executed a search warrant at the Princess Street rental property where she was living. The drugs, she said, were found on Bos’s person. Cottle told the judge that Bos has had addiction issues but no prior record, and the 27-year-old’s lawyer, Matt Hodgson, suggested that while Bos claimed ownership of the drugs, there’s a “power imbalance” between her and the father of her child, who was also present at the time of the raid. Hodgson said they’re no longer a couple and Bos’s ex has no day-to-day involvement with their child, but he told the judge the man is 10 years older than his client and they were together for 14 years. Hodgson also noted that his client’s ex does have a record of conviction for serious drug offences as recently as 2017.
Alain Doseger, 28, was convicted of driving with more than the legal concentration of alcohol in his system. He was fined $2,000 and prohibited for one year from driving. Doseger was charged in late November after he lost control of his car around 6 p.m. on Latimer Road and struck a tree. Assistant Crown attorney John Skoropada said Ontario Provincial Police later found him walking along the road and picked him up. He also told Justice Larry O’Brien that breath tests performed at the detachment office produced readings of 200 mg of alcohol per 100 ml of his blood-volume, more than double the legal concentration to drive. Defence lawyer Sarah Black told the judge that Doseger has post-traumatic stress disorder related to the death of his sister in what she described as “a family tragedy.” He’s in counselling, she told the judge, and hadn’t been drinking but fell off the wagon two days before the car crash.
Tyler Hartson, 33, was convicted of violating a probation condition that forbid him communicating or having contact with a particular woman. He was given enhanced credit on 32 days of pretrial custody and sentenced to time served.
Jesse D. Harvey, 37, was convicted of criminal harassment, threatening, four violations of probation and contravening a court order that he not communicate with a specific individual while in custody. He was given enhanced credit on 194 days of pretrial custody, sentenced to a further 159 days in jail and three years of probation.
Ryan P. Lapointe, 27, was convicted of committing mischief by intentionally damaging a 1996 Chevrolet Silverado, causing $300 damage to its rear window. He was given enhanced credit on 16 days of pretrial custody and sentenced to time served after his lawyer, Mark Snider, told Justice Larry O’Brien his client had placed him “in funds” to make immediate restitution to the victim. Assistant Crown attorney John Skoropada said the vandalism occurred in mid-November after midnight while the owner of the vehicle and a male companion were at Apple Self Storage. They were there, he told the judge, to remove some property when “Lapointe came out of nowhere” carrying a set of bolt cutters and used them to smash the rear window of the Silverado. Skoropada told the judge the parties were known to each other and suggested there was a back story to Lapointe’s actions, which he didn’t reveal in open court. Lapointe also suggested to the judge that he had a grievance related to the owner of the vehicle, but said he wasn’t going to speak about it, except to say that his mother had always told him that two wrongs don’t make a right. Justice O’Brien, perusing his record, asked if his mom had offered him any advice about the rest of the crimes he’s committed. Lapointe complained that he’s had a rough time in Kingston and has lived on the streets. “You’re welcome to leave,” Justice O’Brien suggested.
Candice Marsh, 31, was convicted of using a stolen credit card. She was given enhanced credit on 16 days of pretrial custody and sentenced to a further 66 days in jail. In late October, during Queen’s Homecoming, Justice Larry O’Brien was told, a woman’s purse went missing. The following day, according to assistant Crown attorney John Skoropada, Marsh was captured on video surveillance using the victim’s Bank of Montreal credit card at the 490 Princess St. Circle-K convenience store and the Shell gas station on Ontario Street. She made $70 worth of purchases, including cigarettes and a pre-paid credit card. Marsh’s lawyer, Matt Hodgson, told the judge his client does have a record for related offences but claimed most of those convictions were accumulated in the company of her recently estranged partner, a man with a substantial criminal record. Hodgson suggested the breakup will benefit his client and advised Justice O’Brien she wants to return to school. Marsh echoed that sentiment and told Justice O’Brien she’s now on a methadone program. “I want to do good for myself for once,” she said. “It’s a start,” the judge told her.
Derek McGihon, 47, was convicted of driving with more than the legal concentration of alcohol in his system. He was fined $1,000 and prohibited for one year from driving. Justice Larry O’Brien was told McGihon attracted the attention of a patrolling OPP officer in mid-November when the constable spotted his vehicle stationary at Highway 38 and Yarker Road and concluded he was having car trouble. He stopped to help, but when he got close to McGihon, assistant Crown attorney John Skoropada said, the smell of alcohol became apparent and McGihon was arrested. Breath testing later produced readings of 110 mg of alcohol per 100 ml of his blood-volume.
Graham A. Parker, 45, was convicted of violating probation he received in March, by not reporting to his probation officer in November. He was given enhanced credit on 16 days of pretrial custody and sentenced to time served. Assistant Crown attorney John Skoropada said there were “issues” with Parker’s reporting from August through October, but when he missed yet another appointment in mid-November, his probation officer breached him. Parker’s lawyer, Paul Blais, told Justice Larry O’Brien that his client has a drinking problem and recently secured employment at a local pub, which the defence lawyer opined “is a recipe for disaster.” But he said Parker does have employment upon release.
Kimberley Ann Rowe, 55, was convicted of driving with more than the legal concentration of alcohol in her system. She was fined $1,500 and prohibited for one year from driving. Justice Larry O’Brien was told Rowe was charged in late October after the car she was driving on Highway 2 left the road and ended up in a ditch between Shore Road and Grass Creek Park at 2:30 a.m. Assistant Crown attorney John Skoropada said breath testing later produced readings of 180 mg of alcohol per 100 ml of her blood-volume. Rowe’s lawyer, Stephen Zap, said the accident occurred when his client inexplicably decided to drive home following an argument at a wedding in Gananoque. He told the judge her car was heavily damaged and that she’s employed but her means are “relatively modest.” Consequently, he said, “this is going to be a formidable hardship on her.”
Adam Sauer, 26, was convicted of a break-in and theft at the 1200 Princess St. Sisters of Providence of St. Vincent de Paul motherhouse in early July; the theft four days later of a man’s wallet and credit cards from his pickup truck while it was parked on Mazzolin Crescent; and, three days after that, a break-in at Cacao 70, located at 340 King St. E. He was given enhanced credit on 150 days of pretrial custody and sentenced to a further 75 days in jail and probation for 18 months. Assistant Crown attorney John Skoropada said Sauer was caught on video surveillance entering the motherhouse, where he stole two tablets and $20 from the office of an employee. He was also captured by the video surveillance at various businesses around Kingston using the truck owner’s credit cards. Justice Larry O’Brien was told his efforts weren’t as successful at the restaurant, however. Skoropada said Sauer was able to open a window in the rear of the building, but when he poked his head inside, he set off an alarm and consequently fled, leaving his fingerprints behind on the window frame. Sauer’s lawyer, Mark Snider, directed the judge to a gap in his client’s record in 2016 when, he said, Sauer was working and not doing drugs. “Unfortunately,” he told Justice O’Brien, he later “fell into a fentanyl addiction” that has left Sauer with serious health issues. Snider told the judge his client has had seizures and endocarditis, a life-threatening infection of the lining inside the chambers of his heart. Sauer told the judge the street drugs are out of his system after roughly five months in Quinte Detention Centre, however, and he’s on Suboxone to help him stay clean. He said he has plans to enter a treatment program after he gets out.
Brandon J. Thompson, 25, was convicted of carrying pepper spray as a concealed weapon and illegal possession of cocaine. He was given enhanced credit on 125 days of pretrial custody and sentenced to a further 52 days in jail and probation for 18 months. Thompson was charged in late June, according to federal Crown prosecutor Courtney Cottle, after he accompanied a friend to a Compton Street address to collect some property. Some time after their arrival, she told Justice Larry O’Brien, Kingston Police received a complaint about an assault in progress at that address, and when officers arrived, they were told that one of the people involved had just walked away. Thompson was subsequently found on the property of a convenience store at Compton and Weller Avenue and was noted to be carrying two backpacks. Cottle told the judge that when he was subsequently searched, incident to arrest, he was found to have a can of pepper spray stuffed in his right sock under his pant leg. Later, when the backpacks were searched, officers also found a set of weigh scales and 80.7 grams of cocaine. Thompson’s lawyer, David Crowe, told the judge the drugs didn’t belong to his client and described him as “essentially a courier.” Crowe also disclosed that his client, who had no previous record, has a bipolar disorder and a Grade 7 education and “became involved in drugs at an early age.” He said his client’s drug of choice at the time of his arrest was fentanyl, however, and argued the cocaine in the bag “is not a drug he would be using.”
Leo Villeneuve, 52, was convicted of violating conditions of probation he received in June that forbid him having contact or communication with a particular woman or approaching within 100 metres of her except with her written, revocable consent and then only after he completed the Partner Assault Response Program. He was given enhanced credit on 53 days of pretrial custody and sentenced to time served and 18 months of probation. Villeneuve was charged, according to assistant Crown attorney John Skoropada, after Kingston Police learned that he’d encountered the woman by chance on the street in October, and afterward the two of them had began texting each other. Villeneuve’s lawyer, Matt Hodgson, said that his client at the time he was charged had started taking the PAR course but had not completed it, and he told the judge he’ll now have to enrol again. He also disclosed that Villeneuve, who’s originally from Ottawa, intends to move back there to be closer to his father, who was recently diagnosed with cancer.
Kirk Young, 33, was convicted of illegally possessing eight grams of cocaine. He was fined $1,000. Justice Larry O’Brien was told Kingston Police were looking for someone in early April and showed up at the lower level of a duplex on John Street. While they were there, federal Crown prosecutor Courtney Cottle told the judge, the officers observed Young, who was on the second level of the building, throw something out a window. Curious, the officers retrieved the object from a flower bed and discovered it was an orange flashlight. When they opened it, Cottle told the judge, they found eight grams of cocaine inside. Justice O’Brien asked if Young has a drug problem, and defence lawyer Matt Hodgson said his client admits to having used drugs but claims he’s not an addict. Cottle, joining with Hodgson in recommending the fine, admitted it was a light disposition, given the quantity of the drug found, but she said there would have been triable issues had Young chosen not to plead guilty. Justice O’Brien agreed “it is very light,” but said “light is better than nothing.”
