A Kamloops man accused of beating a teenager into a coma in June will appear before a judge in the New Year.

Kristopher Teichrieb’s four-day preliminary inquiry is slated to begin on Jan. 23. Teichrieb has been in custody for more than four months.

The 39-year-old was arrested in the early-morning hours of June 19. Jessie Simpson, 19, has been on life support since the incident.

Simpson’s friends and family have said he was celebrating high-school graduation with a group of friends when he was attacked.

Teichrieb is facing one count each of attempted murder and assault with a weapon.

The alleged assault took place near Teichrieb’s Brocklehurst home. It’s not clear whether Simpson was on Teichrieb’s property prior to the incident, but police initially said a Clifford Avenue homeowner had confronted someone in his driveway.

The incident is alleged to have taken place in the area of Clifford Avenue and Holt Street. Teichrieb, who does not have a criminal record, was denied bail following a hearing in July.

He has elected to be tried by a judge and jury in B.C. Supreme Court. Preliminary inquiries are provincial-court hearings after which a judge is to determine whether there is enough evidence for a matter to proceed to trial.

Teichrieb is due back in Kamloops provincial court on Nov. 7 for a pre-trial hearing.

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Family members of a Shuswap man who last week admitted to his deadly role in a 2011 turf war dabbed tears from their eyes in a packed Kamloops courtroom as Jordan Larry Barnes was ordered to spend a decade behind bars without parole eligibility.

The 30-year-old Blind Bay man pleaded guilty last week to one count of second-degree murder in connection with the June 1, 2011, shooting death of 24-year-old Nicholas Larsen.

After the sentencing, Larsen’s friends and supporters could be seen hugging outside Courtroom 5C at the Kamloops Law Courts.

Barnes’ guilty plea to murder brought with it an automatic life sentence, but it was up B.C. Supreme Court Justice Gregory Bowden to determine how long Barnes would spend behind bars before being eligible for parole.

Crown and defence lawyers pitched a 10-year joint submission to Bowden, which he accepted.

Details of the allegation cannot be published pending the jury trial of Barnes’ co-accused, Jeremy Davis, whose three weeks in court are expected to begin early next year. Police have previously said the slaying was drug-related and “targeted.”

Barnes and Davis were arrested in July 2014. Davis’ trial is expected to begin on Feb. 6, 2017.

In addition to the prison term, Barnes was also banned from possessing weapons for life and ordered to submit a sample of his DNA to a national criminal database.

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A Kamloops mother who has admitted to killing her newborn son will learn her fate at the end of November.

Courtney Fawn Saul pleaded guilty in August to infanticide. She had originally been charged with second-degree murder, but the charge was downgraded earlier this year.

Court has previously heard George Carlos Saul was killed within hours of his birth on Dec, 15, 2011. The elder Saul was 19 at the time of the offence.

A sentencing hearing is set for Nov. 30.

Infanticide carries a maximum sentence of five years in jail. Second-degree murder, on the other hand, brings with it an automatic life sentence with a period of parole ineligibility of at least 10 years.

Saul is not in custody.

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A justice of the peace banned a downtown panhandler Wednesday from six blocks of Victoria Street.

James Peters was issued a bylaw ticket for aggressive panhandling by RCMP in the early morning hours of Canada Day. He did not pay the ticket nor show up for two appearances in bylaw court, including Wednesday.

“He’s a huge drain on our resources,” RCMP Cst. Todd Henderson testified in bylaw court.

Henderson testified in front of Justice of the Peace Joan Hughes, who sentenced Peters to the street prohibition.

The city’s lawyer, Kaitlyn Cumming, asked for a six-month ban prohibiting Peters from being in the 100 to 700 blocks of Victoria Street. That penalty is available under B.C.’s Offence Act.

With Peters absent for what was supposed to be his trial in bylaw court, the city proceeded in his absence rather than asking for an arrest warrant.

The only witness who testified was the Mountie who issued him the ticket. Henderson also testified he reminded Peters recently of the court appearance.

Henderson testified he issued the ticket for aggressive panhandling after witnessing Peters asking a woman for money on Victoria Street, with cowboy hat in hand, and failing to take “no” for an answer.

“He continued to walk after her, asking for money.”

The order by Hughes will allow RCMP to arrest Peters if he is spotted on the six blocks of Victoria Street for the next six months. He can be charged with a breach of a court order.

Henderson said Peters has been arrested and held until sober dozens of times.

“Provincial bylaw tickets have no effect on him. He tells me he drinks 24 beers a day… . He doesn’t have the means to pay.”

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Even criminals are required to hand over a piece of their profits to the taxman.

An Ontario tax lawyer said a recent decision by the Tax Court of Canada that required the operator of a grow-op to pay taxes based on revenues calculated by an expert is a well-understood area of law.

Robert Hole appealed a decision by the Minister of National Revenue to the Tax Court of Canada. Justice David Graham determined the Clearwater resident did not declare several hundred thousand dollars in revenue from a marijuana grow as well as income from a logging business.

“It’s common knowledge, no matter what the activity, you have to pay your tax,” said lawyer Alex Klyguine.

“People should be aware Canada Revenue Agency [CRA] doesn’t distinguish between what is legal and illegal.”

A review of cases heard at the Tax Court of Canada shows people who have profited from both marijuana grow-ops and cocaine trafficking have been assessed tax penalties by CRA.

The federal Liberal government is expected to introduce legislation next year to allow sale of recreational marijuana in a structured system.

While illegal growers may compete with legal sales, Klyguine said those black-market growers will face the same tax penalties as today’s contraband farmers if they flout the law.

“I think they should expect the same treatment as today. . . . What matters is if it meets the definition of a business and if it’s a business, it’s going to be taxed.”

Marijuana growers also face the prospect in some cases of civil forfeiture by provincial authorities, who can seize assets including homes and vehicles even in the absence of a criminal conviction.

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A woman with a history of violence against her spouse has been sentenced to another month in jail.

Inge Andrade pleaded guilty in provincial court to assault causing bodily harm as well as a number of breaches of court orders.

It marks the fourth conviction for violence for the 43-year-old woman against her partner, Quinn Smith.

Crown prosecutor Monica Fras said the assault occurred on June 21 this year. A resident of an apartment on Royal Avenue called police when he saw Smith slumped outside of a unit, bleeding from the head.

Smith told police that Andrade attacked him with a piece of vacuum cleaner, causing bruising and bleeding on his head. He escaped to his balcony and then onto a neighbour’s balcony out of fear of Andrade.

She also breached a number of court orders to stay away from him.

“She doesn’t appear to have any insight into this,” Fras said, citing a pre-sentence report.

In previous incidents, Andrade was convicted of punching and kicking Smith as well as attempting to light his clothes on fire while he slept. In some instances the beatings were seen by onlookers in a public place.

Defence lawyer Sheldon Tate said Andrade “realizes the relationship is toxic.”

He said while Smith reported incidents to police, Andrade has been silent about his conduct.

“She’s never reported. . . . She doesn’t seek the help of others or complain.”

Kamloops provincial court Judge Len Marchand sentenced Andrade to the 120 days sought by Crown.

With time served, her effective sentence is 37 more days. She will also serve a year of probation during which she is not to have contact with Smith.

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A Kamloops woman who was jailed last year for scamming a senior to pay for fake breasts is facing more than a dozen new fraud-related charges.

A arrest warrant was issued for Brandie Bloor in Kamloops provincial court on Monday. The 40-year-old is facing 14 charges spanning a 20-month period between July 2012 and March 2014.

According to court documents, Bloor is facing six counts of fraudulent personation relating to six separate individuals, three counts of fraud, two counts each of uttering forged documents and possessing identity documents and a single count of forgery.

The fraud charges Bloor is facing identify Scotiabank, Dearborn Ford and an individual listed on one of the personation counts as complainants.

In June 2015, a Kamloops judge sentenced Bloor to nine months in jail and ordered she repay more than $17,000 to an 83-year-old man she bilked in her bid for bigger breasts.

Court heard Bloor was arrested after the man received a call from a clinic telling him he was in arrears. The man had never met Bloor, court heard, but she used his stolen driver’s licence to obtain a loan for her breast-enhancement surgery.

Bloor initially denied the fraud, but police found a tattoo on her stomach that matched the description provided by the doctor who performed the surgery. She eventually pleaded guilty.

Bloor is now believed to be living in Alberta. The warrant issued on Monday is intended to allow police in Alberta to return her to B.C. to face the charges.

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A B.C. Supreme Court judge has rejected a lawsuit filed by a North Kamloops homeowner who claimed the city had no right to trespass on her property in a bid to clean up a neighbourhood blight.

Justice Hope Hyslop ruled in favour of the City of Kamloops against Lynda Watt, who owns the home at 356 McGowan Ave.

The home has been a problem for neighbours for eight years.

It was damaged in a fire in 2008, but was not repaired.

A number of reports found it was at times full of garbage and home to guests that included pigeons, vermin and squatters.

The city attempted to encourage Watt in 2011 and 2012 to clean up her property, which was deemed by officials to be a health and fire hazard.

Kamloops council took a series of actions available under provincial legislation that allowed officials to enter the property and home to do repairs. In January 2014, city officials and contractors, escorted by RCMP, entered the house to make bids.

A contractor was hired to replace drywall and surfaces in order to make indoor air quality safe. They ripped out drywall and insulation to make repairs.

Hyslop rejected an argument by Watt’s lawyer that the city trespassed, that she was never served with legal documents and that she was overcharged for work by the contractor.

“The plaintiff was in breach of city bylaws and she knew this,” Hyslop wrote in her ruling.

“Her statement reflects a complete indifference to her neighbours.”

Hyslop ruled the city is entitled to its costs of $58,000 for remediation.

Watt must also pay court costs.

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The former chief of the Barriere fire department who resigned suddenly last month has been charged with importation and possession of child pornography.

The charge of importing or distributing child pornography dates from July 1, while the possession charge is dated Oct. 4.

Last month, Barriere Mayor Virginia Smith confirmed to KTW that Kirkwood tendered his resignation from the volunteer fire department as of Oct. 7, citing “stress and personal reasons.

Kirkwood stepped down after police searches of his home and the office of the North Thompson Star Journal, where he was publisher. Kirkwood was also publisher of the Clearwater Times, with both papers owned by Black Press.

Lorie Williston, president of Black Press B.C. North told KTW last month that Kirkwood is no longer employed with the company. When asked if Kirkwood left Black Press voluntarily or was let go, Lorie Williston, president of Black Press B.C. North, would only say, “At this point, I can only say he is no longer an employee of Black Press.”

A stalwart of the community, Kirkwood emerged as one of the personalities in what was dubbed Firestorm 2003 as the destructive McLure fire swept through the valley.

Kirkwood spent 26 years with the Barriere Volunteer Fire Department, 23 of those as chief. He joined Black Press in 1999 and served almost all of his 17 years as publisher of the two North Thompson Valley newspapers.

Kirkwood is scheduled to appear in Kamloops court on Dec. 8.

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An accused killer who was released on bail in the spring is back behind bars.

Colton Smith is charged with second-degree murder in connection to the January stabbing death of his uncle, Jeremiah Johnson Smith.

The 21-year-old accused was released on bail in May. He is alleged to have breached his bail conditions on Sept. 30 and was arrested last month.

Details of the alleged breach have not come out in court, but Smith was on conditions requiring he undergo addictions treatment, obey a curfew and abstain from alcohol.

Smith is expected to next appear in court on Nov. 21 for another bail hearing.

Court has previously heard Smith and his uncle became involved in a drunken fight at a house party in Lytton on Jan. 22. The fight eventually spilled outside, the Crown alleges, where the uncle was stabbed to death.

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A Kamloops man who was given “one last chance” this past summer to turn his life around by a B.C. Supreme Court judge is back in custody, expected to plead guilty later this month to a breach charge.

Jimmy Rossetti was given a suspended sentence in August after pleading guilty to a string of charges stemming from a violent crime spree that included break-and-enter and assault after he pepper-sprayed a homeowner.

The Crown wanted the 31-year-old to serve between seven and 11 months behind bars. Instead, B.C. Supreme Court Justice Robert Sewell ordered Rossetti to spend a year in a treatment facility to deal with his drug addiction.

“I’ve decided to give you one last chance to make something of your life,” Sewell said at the time.

That was on Aug. 26.

According to court documents, he breached his probation the following day and has been in custody since September.

Rossetti is slated to plead guilty to the breach charge on Nov. 17.

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A Kamloops man who broke into the home of two sleeping friends and used one of their hands to hit himself in the face will spend the next 18 months on probation.

Anmoul Dhaliwal will also have to pay more than $750 in fines and submit a sample of his DNA to a national criminal database.

The 26-year-old pleaded guilty to one count of break-and-enter and two breach charges stemming from a series of incidents last year.

On March 21, 2015, court heard, the 26-year-old broke into an apartment in which two of his friends lived.  Both were sleeping in separate bedrooms at the time and one awoke to find Dhaliwal holding his hand and using it to hit himself in the face.

Dhaliwal later stormed into the bedroom of the other man and began yelling at him, eventually using pepper spray on him when the friend threatened to call police.

“They weren’t in the kind of relationship with Mr. Dhaliwal where it was drop in no matter how you get into the apartment,” Crown prosecutor Adrienne Murphy said. “Both these gentlemen were surprised to have Mr. Dhaliwal in their apartment.”

Murphy said the two friends had been distancing themselves from Dhaliwal in the weeks leading up to the incident. Court heard Dhaliwal referenced that while hitting himself with one of the man’s hands.

“Mr. Dhaliwal was saying, ‘You’re saying I’m not your friend anymore and, if you don’t like me, why don’t you hit me?’” Murphy said.

Dhaliwal was arrested six days after the incident and put on conditions requiring him to abstain from drinking.

Murphy said he first breached that condition on June 13, when a passerby outside the Shark Club downtown flagged down a police officer and said a drunk man was about to get behind the wheel of a vehicle. The officer spoke to the man, who was Dhaliwal, and learned he was under court conditions. He was charged with breach.

On Dec. 31, Dhaliwal showed up at another friend’s house and boasted about having choked his girlfriend. Court heard he said her body was in the trunk and wasn’t sure what to do with it. Dhaliwal ended up in a fight and eventually drove home.

Police approached him at his Upper College Heights apartment and asked about his girlfriend.

“He started laughing,” Murphy said. “He appeared to be high on drugs and his breath smelled like liquor.”

Murphy wanted Dhaliwal sent to jail for the bizarre crime spree, but defence lawyer Sheldon Tate pushed for probation.

Tate said Dhaliwal, who has a degree in criminology, plans to go to law school and become a criminal lawyer.

In addition to his probation, Dhaliwal was also barred from possessing firearms for 10 years.

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British Columbia’s unionized teachers have won a long-standing battle with the provincial government over the right to bargain class sizes in a ruling Thursday from the Supreme Court of Canada.

The court delivered a verbal decision in favour of the teachers by a vote of 7-2.

The court said it will release a written judgment within 48 hours of its decision.

The decision overturns a B.C. Court of Appeal ruling that found the province did not violate teachers’ rights to bargain class sizes and the number of special-needs children in each class in their contracts.

Under then-education minister Christy Clark, the province first imposed legislation that removed teachers’ ability to bargain class size and composition in 2002. After a B.C. Supreme Court judge deemed the law unconstitutional in 2011, the province imposed a new law the following year.

Similar to the previous legislation, it restricted school boards’ power to determine staffing levels and establish the size and composition of classes or how many teacher assistants can be hired per student in a school.

The move led to a labour dispute in 2014.

A B.C. Supreme Court judge ruled the legislation unconstitutional but the appeal court overturned that decision a year later. Four of five appeal court justices found the province consulted meaningfully with teachers and the legislation didn’t violate the charter.

Kamloops-Thompson Teachers’ Association president David Komljenovic said he was still in a state of disbelief after learning the highest court in the country had brought an end to the years-long fight between the B.C. government and its teachers.

It remains to be seen what impact the ruling has on the lower court order to the government to pay a $2 million fine to the B.C. Teachers Federation (BCTF).

BCTF president Glenn Hansman said the decision could cost the Clark government as much as $300 million a year.

The existing contract, ratified in 2014 for a six-year-period has language, backed by grievance rulings.

It  provides a guideline on how the return to that language will be implemented.

He said since the ability to bargain size and composition was stripped, more than 3,000 teachers lost their jobs, about 1,600 of them speciality teachers.

Komljenovic said the decision means anywhere from 100 to 200 more teachers will be needed in School District 73 to meet the size and composition rules in place in 2002.

He could not estimate the number of speciality teachers and certified education assistants (formerly known as student support workers) who would be required.

WHO WILL PAY FOR IT ALL?

Denise Harper, chair of the Kamloops-Thompson board of trustees, wonders where the government will find the money to pay for changes that will flow from the court ruling.

Harper speculated taxes will have to increase.

School district superintendent Alison Sidow said a 2014 report prepared, based on the assumption the BCTF fight would win the day, estimated up to 20 more portables would be required at a cost of about $1.3 million.

About 29 elementary teachers would need to be hired at a cost of $2.5 million. About 23 secondary teachers would need to be hired at a cost of $1.9 million for a total of just under $6 million. At least $4.5 million of that would be an ongoing cost.

The report, prepared by former superintendent Karl deBruijn, did not estimate the numbers or cost of specialty teachers and certified educational assistants.

Sidow said it’s possible schools now closed might have to be reopened to accommodate smaller class sizes. She expressed concern about a return to no more than three children in a classroom on an individual education plan who require additional supports.

“What do we do if a fourth comes to that school, to that class? What happens?” Sidow asked.

“And what happens when you diagnose a student mid-year? Do we have to put them in another school?”

She noted the dollars and staffing estimates in 2014 were also made at a time of decreasing enrolment, a trend that appears to have ended.

This year, a majority of schools in Kamloops have more students than they were built to accommodate and some have had to add portables to handle bursting enrolment.

MINISTER OF FINANCE WEIGHS IN

Discussions between the government and the B.C. Teachers’ Federation the should start immediately, the province’s minister of finance said.

Mike de Jong called the ruling positive because it ends years of litigation and gives clear instructions.

He said he hopes the talks will be “building on the constructive relationship that exists between the two sides,” who have been battling over the language removed in 2002 by then-education minister Christy Clark.

De Jong called the relationship that now exists “a far more positive climate than in past years.”

While he wouldn’t speculate on the economic impact, de Jong noted his ministry is still working on the budget to be presented in February. He expects there will be some money added to begin to address the court’s direction for the 2017-2018 school year.

De Jong said although he was surprised at the quick decision, he is glad it came now.

“Can you imagine what it would be like if it came on Feb. 16, two days before our budget?” he said, adding he hopes discussions focus on what should be done that is in the best interests of students.

He noted he doesn’t approach the upcoming discussions “with a sense of doom and gloom.”

Vancouver Sun columnist Vaughn Palmer pressed the minister on what he described as a court ruling that said the government “failed to bargain in good faith for the past 15 years” by noting both sides of had “deeply held positions.”

De Jong said the ruling confirms the government can intervene in collective bargaining, but there are a series of prerequisites that must be met that were not met with the BCTF.

“The issue was important. There was an important principle at stake,” de Jong told Palmer.

DETAILS OF RULING WILL BE REVEALED WITH RELEASE OF WRITTEN DECISION

Neither side in the legal dispute over class size and composition expected a ruling this week from the Supreme Court of Canada.

Having received only a verbal ruling, the details remain unclear.

Both sides submitted written arguments and the Thursday hearing was to answer questions justices had. A ruling wasn’t expected until spring, but at the end of the hearing in Ottawa, the 7-2 verbal ruling was issued.

Government finance and legal representatives spoke to media on Thursday for background information only.

They said the ruling has restored the relevant contract language from 2002 into the existing contract, which expires in 2019. But the government and the B.C. Teachers’ Federation agreed to a process they would follow to discuss implementation of any ruling that supported the union’s position.

The spokespeople said the government expects to enter discussion “with an open mind.” Beyond that, neither of the two wanted to speculate, nor would they predict when a process might be in place or if there would be return to the 2002 class size and composition numbers.

They said the learning improvement fund, created to be used for boards to help staff classrooms with the highest needs, will continue while discussions occur.

It can be used to hire teachers and special-education assistants, provide additional teaching time and support professional development. How it will be used involves consultation with the union, teachers and district and school staff.

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A passenger who assaulted an unsuspecting cabbie has escaped a jail sentence after a provincial court judge ruled societal condemnation does not require a stay at Kamloops Regional Correctional Centre.

Kyle Martin Ferguson was convicted of assault for the incident that occurred in January. He said during sentencing he doesn’t remember what happened during the early-morning assault.

Following trial, judge Stella Frame found Ferguson punched cabbie Marty Tazelaar, who was substituting for a regular driver as a favour.

The sentencing judge said she found Ferguson’s behaviour during the incident “peculiar and disturbing” — including with Mounties who arrested him.

Crown prosecutor Frank Caputo asked for 21 days in jail, arguing cabbies are vulnerable people. He also noted an incident in August in Kamloops in which a cabbie was stabbed by a fare.

“When it involves a vulnerable person like a cabbie or bus driver, it’s an aggravating factor,” Caputo said.

Marshall Putnam, the articling student who represented Ferguson, asked for a conditional discharge with a period of probation. A  criminal record, he said, would cause the chef who works three jobs at times to lose his employment at a casino.

The 29-year old supports two children and a spouse.

Putnam presented a series of letters from people who vouched for Ferguson’s character. He has no criminal record and has since stopped drinking alcohol.

“The only reason I pleaded not guilty is because I don’t remember anything about that night,” Ferguson told Frame. “I’m still trying to comprehend what I did.”

Frame said she needed to consider both societal condemnation for an attack on a vulnerable person weighed against Ferguson’s future and his family life. He told her he would lose his job and home if he could no longer work at the casino.

Frame gave Ferguson a conditional discharge, meaning he will escape a criminal record. But she also imposed 18 months of probation, including 60 days of house arrest.

During that probation, Ferguson cannot hail a Kami cab and cannot drink alcohol.

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A former NHL enforcer who last year was sentenced to 45 days in jail after pleading guilty to a string of criminal charges is back in court.

Rudy Poeschek is facing a new count of breach of probation, accused of missing meetings with his probation officer in July and August.

The 49-year-old was late for his first appearance in Kamloops provincial court yesterday.

Outside court, Poeschek told KTW his memory is failing him.

He said he forgot to meet with his probation officer and almost forgot to show up for court.

In a series published in KTW in 2015, a Boston-based neurosurgeon suggested Poeschek may be suffering from CTE — a chronic brain disease found to have afflicted many former hockey and football players.

Robert Cantu described CTE as being similar to Alzheimer’s disease.

“It’s essentially caused by rattling your brain around in your head — a lot,” he said.

Poeschek was a tough guy in the NHL over parts of 12 seasons. He was selected by the New York Rangers in the 12th round of the 1985 NHL Entry Draft while playing junior hockey in his hometown of Kamloops.

Poeschek is due back in court on Dec. 1.

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A former provincial kickboxing champion is facing a prison sentence as long as seven years after being caught with a loaded sawed-off shotgun and a small amount of heroin.

Kyle Walsh was found guilty last month of possession of a prohibited firearm and possession of heroin for the purpose of trafficking.

RCMP were called to the Fountain Motel in downtown Kamloops in February of last year for a report of a man with a firearm.

Walsh was arrested outside, where his car was parked at the rear of the motel.

Inside his car, police found a loaded sawed-off Mossberg shotgun.

His lawyer, Jay Michi, made an unsuccessful Charter argument that police had no right to search Walsh because it was not obvious he was connected to the incident inside the motel.

Walsh, a 27-year-old red seal ironworker, has a criminal record that includes assault, aggravated assault and assault with a weapon. He has been described in past as a drug enforcer.

Despite the reputation, the cheerful and articulate Walsh told Supreme Court Justice Linda Loo during a hearing Nov. 4 that he is ready to go to federal prison, where he can receive program help and counselling.

“I’m happy I’ll get a federal sentence because I can take advantage of programming and get the help I need,” he said.

Walsh has a girlfriend and is a stepfather to two young girls.

He has successful periods of work, but said his life spiralled downward after he was stabbed in a random incident.

“The stabbing was the catalyst to my downfall,” he told Loo.

“The morphine at the hospital started me injecting heroin.”

He said he carried the shotgun because he was in a drug-induced paranoia.

Crown prosecutor Anthony Varesi argued for a seven-year jail term, calling the incident “on the extreme range of seriousness.”

Walsh’s defence lawyer asked for a four-and-a-half year jail sentence.

Walsh has been diagnosed with anti-social personality traits and may also suffer from post-concussive trauma as a result of his kickboxing matches.

“He goes from job and family to a ‘snap’ — and then finds himself back in an offending pattern,” Michi said.

He is scheduled to be sentenced on Nov. 25.

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A convicted killer the Crown wants locked up for an indefinite period would be more likely to receive “intensive psychiatric behaviour modification programming” if he was given a determinate sentence, a judge has been told.

Michael Tom’s dangerous offender hearing wrapped up on Monday with closing arguments from lawyers.

Tom, 39, has a lengthy and violent criminal record. The Crown applied in 2014 to have him labelled a dangerous offender — a tag that could result in an indefinite prison term.

Defence lawyer Ken Sommerfeld, however, is asking that Tom be given a sentence in the range of eight to 10 years, to be followed by a decade of supervision in the community.

Sommerfeld urged B.C. Supreme Court Justice Sheri Donegan to impose the sentence, in part because it would increase the likelihood that Tom would receive behaviour-modification therapy while behind bars.

“It’s likelier to be available to him and likelier to be available to someone whose time in the penitentiary is finite,” Sommerfeld said, noting an indefinite incarceration would be bad for Tom emotionally.

“Dangerous offender simpliciter [an indefinite prison term] brings with it an emotional component,” he said. “It makes him think that he’ll be forgotten — that he’ll die in jail.”

Sommerfeld said a defined sentence would give Tom the hope he needs to be a contributing member of society once he is released.

“That will allow Mr. Tom to remain a person,” he said.

Tom’s most recent conviction followed a violent confrontation with his then-girlfriend in the Lillooet area. He was convicted of unlawful confinement.

When Tom was 20, he killed his uncle and was convicted of manslaughter. Crown prosecutor Adrienne Murphy has referred to Tom as “a versatile” and “under-prosecuted” offender.

At an earlier hearing, she filed a book of 28 police reports — some unprosecuted, some prosecuted and some partially prosecuted — to boost her claim that “shortcomings in Lillooet for the justice system” allowed Tom to continue his offending.

A date for Tom’s sentencing will be set on Nov. 28. He remains in custody.

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Defence lawyers for a couple charged with weapons offences argued Monday that Mounties made so many errors in a raid on their home that guns and stolen electronics should not be allowed as evidence.

This week, defence and Crown lawyers will make final arguments in a special hearing to determine whether RCMP breached Jason and Sarah Robertson’s rights under the Charter of Rights and Freedoms.

The couple together faces 18 criminal charges for possession of weapons and illegal property following a police raid of homes in Sahali, Westsyde and Batchelor Heights in May 2014.

Police believed Jason Robertson was selling large quantities of cocaine, methamphetamine and heroin and was linked to a Prince George gang known as The Crew.

Following the raid in May 2014, Kamloops RCMP Supt. Brad Mueller showed reporters 40 firearms, bags of marijuana and cocaine and what police alleged were thousands of dollars in stolen electronics.

They also seized $50,000 cash.

Drug charges were subsequently dropped by the Crown.

The defence entered as evidence extensive video surveillance of the RCMP’s raid. The couple installed a sophisticated system in every room in the house and police had no access to it.

“Videos don’t lie,” defence lawyer Julian van der Walle told Justice Jeanne Watchuk during his closing arguments.

The defence compared statements made by RCMP to what was seen in the video.

In one segment shown Monday, defence lawyer Jeremy Jensen asked one of the Mounties involved in the raid, Cpl. Trent Johnson, whether police were authorized to make seizures on behalf of Canada Revenue Agency or for civil forfeiture.

“Under the authorization [search warrant], it’s not specifically listed on there,” Johnson said of gathering evidence for civil action against the couple.

But in the video shown in court, Johnson can be heard asking another member whether a photo of the surveillance system “would be good for civil forfeiture.”

Police are allowed some errors in carrying out seizures and executing warrants, particularly when firearms are alleged. But the defence argues there are so many they add up to a serious breach of the couple’s Charter rights.

Those allegations include that police did not wait long enough before bashing down the door of the Sahali home; that many items, including fishing equipment, passports, luggage and even a silver bar, were seized when those items weren’t listed on the search warrant; that the scene wasn’t adequately supervised; and that police failed in their duty to allow Sarah Robertson opportunity to speak with a lawyer.

If the evidence is allowed, a trial date has been set aside in January.

The post Defence argues couple’s Charter rights were breached appeared first on Kamloops This Week.

A Kamloops man who killed a pedestrian in 2009 while recklessly driving his motorcycle through a downtown crosswalk will wait a few more weeks to learn his sentence for numerous breaches of the five-year driving ban he was placed on following the deadly crash.

The Crown wants Jack Hobal jailed up to eight months and banned from driving for another five years in exchange for guilty pleas he entered to charges stemming from two incidents this year.

The 39-year-old’s defence lawyer is pitching house arrest of up to two years or 45 to 90 days of jail to be served on weekends.

Kamloops provincial court Judge Roy Dickey reserved his decision until Dec. 6.

In 2011, Hobal was jailed for nine months and given a five-year driving ban stemming from the crash that killed Gary Pengelly on July 5, 2009.

Witnesses reported seeing Hobal popping wheelies and weaving in and out of traffic before Pengelly, 55, was struck in a crosswalk at First Avenue and St. Paul Street.

When he was sentenced, court heard Hobal’s blood-alcohol level was 0.089 at the time of the crash.

The charges Hobal was in court for on Monday stem from two separate incidents — one in May and the other last month.

On May 31, court heard, Hobal was spotted by police revving the engine of a vehicle loudly at 3:40 a.m. before pulling into a parking spot on St. Paul Street. He approached police, shirtless, and said he had just run out to buy cigarettes.

The officer ran his name and determined he was a prohibited driver. Hobal refused to provide an adequate breath sample when asked by the officer.

“Mr. Hobal got upset,” Crown prosecutor Andrew Duncan said. “He jumped into the back of the patrol car stating, effectively, ‘Take me to jail.’”

Hobal was arrested and released.

On Oct. 9, a Kamloops Mountie spotted an SUV speeding on Battle Street and blowing through a stop sign at 4:15 a.m. The vehicle was eventually pulled over and Hobal was identified as the driver.

He refused to provide a breath sample and was arrested.

In addition to the jail term, Duncan also asked for a probation term barring Hobal from consuming alcohol and a $1,000 fine.

“One would think a conviction for dangerous driving causing death would be a wake-up call to any individual,” Duncan said.

“In these circumstances, it doesn’t appear to be for Mr. Hobal. He continues to drive and be under the influence of alcohol while he’s driving.”

Defence lawyer Don Campbell said Hobal suffers from crippling agoraphobia and anxiety and is enrolled in computer courses through the Academy of Learning.

“He essentially does his school work and stays home,” Campbell said. “That’s what he does.”

Campbell said Hobal would be kicked out of his school program if he was sent to jail and would be out a significant amount of tuition.

When asked if he had anything to say, Hobal launched into a rambling 10-minute talk.

“There’s absolutely no way I’ll ever touch a vehicle again,” he said.

“I know that now. In my mind, I didn’t grasp the potential consequences. I fully know now. There’s no way I would drive a vehicle — period.”

It’s not the first time Hobal has been busted violating the driving ban he was placed on after killing Pengelly.

Last year, Hobal was jailed for 30 days and banned from driving for a further three years after being convicted on charges of driving while disqualified and failing to stop at an accident.

The post Decision day Dec. 6 for sentencing of repeat offender who initially killed pedestrian appeared first on Kamloops This Week.

A man described by police as a serial bank robber linked to holdups at financial institutions across Western Canada is is slated to plead guilty in a Kamloops courtroom on Friday to charges stemming from a half-dozen robberies in B.C. and Saskatchewan.

Shaun Cornish appeared in B.C. Supreme Court on Tuesday and was told lawyers are still working on getting the proper paperwork from prosecutors in Saskatchewan.

The 28-year-old has been in custody since his arrest on Jan. 30, 2015.

He was picked up by police at a hotel in Grande Prairie, Alta., two days after a bank robbery in nearby Dawson Creek across the border in B.C.

On Friday, Cornish is expected to plead guilty to charges relating to robberies in Dawson Creek, Princeton, Vernon, Merritt, Aldergrove and Swift Current, Sask.

Sentencing is expected to be scheduled at a later date.

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