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In the Courts: Dec. 2-6, 2019
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Published on: January 10, 2020 | Last Updated: January 10, 2020 10:23 AM EST
A compilation of offences from Kingston's Ontario Court of Justice for the period of Dec. 2-6, 2019. Only sentences that involved a large fine, probation or incarceration are included.
Ian G. Donaldson, 62, was convicted of violating probation he received in April 2018 in Victoria, B.C., by failing to report to his Kingston probation officer in October this year. He was given enhanced credit on 20 days of pretrial custody and sentenced to time served. Justice Robert Graydon was told Donaldson has a record for a variety of crimes spanning 40 years, most of them committed in the western provinces. He relocated to Kingston, however, in December 2018 and, according to assistant Crown attorney John Skoropada, was subsequently placed on a second probation order here. Skoropada told the judge that Donaldson reported as required through July and into September but then missed an appointment with probation services in early October and never reported again. Skoropada didn't recommend any additional probation, however. He told the judge that Donaldson, as of his most recent conviction, still has 14 months of probation left.
Marlon G. Evans, 40, was convicted on charges from mid-August that he obstructed a Kingston Police officer with a fake name, was in possession of a stolen TD Bank Visa credit card and violated probation imposed in Quebec 11 days earlier, by failing to keep the peace. He was also convicted of breaching subsequent bail that required him to live at an address approved by the Bail Supervision Program and of stealing a CP Rail truck. He was given enhanced credit on 125 days of pretrial custody and sentenced to time served. Justice Robert Graydon was told that Evans drew police attention initially when a call was received from the Taylor Auto Mall at 2440 Princess St., requesting help removing him from the dealership's property. Assistant Crown attorney John Skoropada said Evans was largely incoherent, and officers arrived to see him run across the street to the Petro-Canada station. The judge was told Evans claimed to police that his name was Trevor Mack, and his real identity was only discovered by forwarding his fingerprints to the RCMP. In the meantime, he was found to have the credit card of an Ottawa woman who had reported it stolen, together with her laptop, one day before his arrest. Justice Graydon was told that Evans was later released on bail but was back in trouble 10 days later when CP Rail reported one of their trucks — a Ford F 350 — stolen from the company yard on Benson Street. Skoropada said video surveillance recorded Evans taking the vehicle, which was recovered, undamaged, the following day in Napanee. Evans, the judge was told, later admitted the address he'd provided to get bail was bogus and he'd never lived there.
Derrick S. Gregson, 41, was convicted of driving with more than the legal concentration of alcohol in his system and violating probation. He was sentenced to 45 days of intermittent jail on weekends and probation for 12 months.
Stacey E. Keen, 34, was convicted of a May 2018 violation of probation she'd received in Napanee 17 months earlier, in December 2016 that forbid her having contact with a particular man and, in June this year, a violation of curfew attached to her subsequent bail. She was given enhanced credit on 23 days of pretrial custody and was sentenced to time served. Justice Robert Graydon was told Keen was charged with the probation breach when a Kingston Police officer patrolling around the bingo hall at 900 Montreal St. noticed her car in the parking lot and observed that the banned male was with her in the vehicle. Assistant Crown attorney John Skoropada said she was later released on bail, but with a condition confining her to her home when not in the company of one of her two bail sureties or engaged in one of a list of activities made exceptions to her house arrest. She violated that condition in late June this year, according to Skoropada, and was found driving, alone, at 8:30 p.m. by a patrolling member of Kingston's Street Crime Unit.
Mallary D. Kehoe, 29, was convicted of stealing another woman's F-150 truck in mid-February; failing to attend court on the charge in mid-April; and seven months later, in early November, doing mischief to a residence on Desert Lake Road that she was sharing with her boyfriend. She was given enhanced credit on 30 days of pretrial custody, sentenced to time served and probation for 12 months, during which time Justice Robert Graydon has ordered her to take counselling and programs or rehabilitation as directed by her probation officer, especially for drug and alcohol abuse and including the Partner Assault Response (PAR) Program. Assistant Crown attorney John Skoropada said the vehicle theft was discovered when the victim's boyfriend arrived home from snowmobiling with friends and realized his girlfriend's truck was gone. The judge was told the boyfriend searched and eventually spotted the missing vehicle on Wilson Street in Perth, with Kehoe behind the wheel. The man approached her, hoping to convince Kehoe to return the truck, but Skoropada said Kehoe raised her middle finger to him and drove off. The truck was returned, undamaged, the following day, Skoropada told the judge, and Kehoe was arrested and given a court date in mid-April, which she missed. The later mischief charge, Laarhuis told the judge, arose out of an argument Kehoe was having with her boyfriend in early November that involved her breaking some interior glass and damaging a door frame.
George W. Knight, 39, was convicted of violating probation and obstructing justice. He was sentenced to 90 days of intermittent jail on alternating weekends, probation for 18 months and was ordered to complete the Partner Assault Response (PAR) Program.
Brian K. Laroque, 37, was convicted on two counts of using a stolen credit card in late August and a related violation of probation that required him to keep the peace. He was given enhanced credit on 49 days of pretrial custody and was sentenced to time served. Justice Robert Graydon was told a woman called Kingston Police in late August to report that her car had just been broken into while it was parked on John Counter Boulevard. She reported that her TD First Class Travel Business Card had been stolen. Assistant Crown attorney John Skoropada said officers subsequently learned the card had by then already been used to pay a $70.60 bill at a Circle K convenience store and to buy $99.98 worth of merchandise at a Shoppers Drug Mart, where video surveillance captured Laroque's using the stolen credit card.
Kasandra L. Payzant, 34, was convicted of violating probation she received in July, by failing to report to her probation officer in August and subsequently failing to show up for court in early October. She was given enhanced credit on 60 days of pretrial custody and sentenced to time served. Payzant's lawyer, Dawn Quelch, said her client has had struggles with substance abuse. She told Justice Robert Graydon that Payzant has lately been making progress, however, and added that she's proud of her.
Katrina L. Poffley, 36, was convicted of assault. Her sentencing was suspended and she was placed on probation for 18 months.
Tyler Rhines, 34, was convicted of committing mischief to property, arising out of an incident at his residence in September. Justice Larry O'Brien was told Rhines had been drinking prior to kicking in the back door of his own home. Assistant Crown attorney Gerard Laarhuis told the judge that Kingston Police responded to a 911 call to Rhines' address and observed that a railing to the downstairs had been pulled off the wall, a table in the basement was broken and a hole had been punched into one of the walls. Laarhuis said Rhines' partner declined to provide a statement to the officers or to participate in their investigation, however, and was adamant that she wanted him to come home. His sentencing was suspended and he was placed on probation for 18 months and ordered to complete assessments, counselling and programs of rehabilitation as directed by his probation officer, including the Partner Assault Response Program.
Natalie T. Running, 38, was convicted of taking a neighbour's car, without his consent, in late May. Her sentencing was suspended. She was placed on probation for 12 months and was ordered by Justice Robert Graydon to perform 25 hours of community service at a rate of five hours a week and to pay restitution of $200 — in $20 monthly instalments — to the court on behalf of the car's owner. Assistant Crown attorney John Skoropada said Running was charged after she was involved in an accident with the vehicle at Sydenham and Sunnyside roads around 10:30 a.m. Police showed up, he told the judge, and Running revealed to them that the vehicle she was driving wasn't hers and she'd taken it without permission. Skoropada said the vehicle's owner showed up at the accident scene not long afterward and corroborated Running's account.
Robert M. Scott, 25, was convicted of assaulting one of Kingston General Hospital's security officers in late October. He was given enhanced credit on 37 days of pretrial custody and sentenced to time served. Justice Alison J. Wheeler was told Scott has a diagnosis of schizophrenia and he went to the hospital's emergency department seeking help with what assistant Crown attorney Ryan Makasare characterized as a severe episode of paranoia. The judge was told Scott was discharged at 8:20 p.m. but refused to leave the building. Three of the hospital's security officers were escorting him down the emergency department's ramp, according to Makasare, when Scott became verbally abusive and then physically threatening. Makasare said the security trio put him on the ground, but in the process, the radio of one of the security guards bounced loose. Scott grabbed it, the judge was told, and used it to repeatedly hit the guard who'd lost it. Scott's lawyer, Dan Scully, said his client is estranged from both of his parents, who live in other communities, and has been living on the street in Kingston. Justice Wheeler asked him if drugs are an issue and Scott told her "not anymore," explaining that he hasn't used anything while in custody, but previously indulged in crystal meth, marijuana and cocaine. Since going to jail, however, "I decided I'm going to quit all drugs," he said.
Catalino Senoto, 56, was convicted of assaulting his wife of 24 years while under the influence of alcohol and threatening her with death. He was given enhanced credit on 16 days of pretrial custody and sentenced to time served and 18 months probation. As a condition of his probation, Senoto is prohibited from being in his wife's presence if he has alcohol in his system.
Amanda M. Snyder, 36, was convicted of criminal harassment. She was given a six-month conditional sentence to serve in the community under restrictions, the first four months on house arrest with specific exemptions allowing her to attend counselling and programs as directed by her probation officer, accomplish essential tasks such as grocery shopping and to perform 40 hours of community service she's been ordered to complete during the term of her sentence. Additionally, Snyder has been placed on probation for 24 months, during which time she's been ordered to complete an additional 100 hours of community service.
Evan B. Walsh, 19, was convicted on two counts of possessing a weapon for a dangerous purpose and failing to comply with an order of the court. He was credited with 20 days of pretrial custody, sentenced to time served and probation for 18 months.
Justine K. Winder, 35, was convicted of violating probation she received in late September 2018, by failing to report to her probation officer in October this year, and of breaching subsequent bail by failing to show up for a court date in late October. She was given enhanced credit on 32 days of pretrial custody and was sentenced to time served.
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