Man resisted arrest by running and biking into the bush
December 16, 2020
Judge G.W. Paul
Cora Deleanna Houle’s lawyer entered a guilty plea on her behalf to assault.
On February 1, 2020 at approximately 2:40 a.m., the Slave Lake RCMP were called to a Slave Lake bar, said the Crown prosecutor. The bartender attempted to break up a fight between two women in the parking lot. Video footage shows Houle punch the bartender in the face twice. It also shows her shove the other woman. Houle was arrested for assault. In the police car, she kicked the window and was verbally and physically aggressive.
Houle’s record was admitted. The defence described it as “very short.”
Crown and defence entered a joint submission of one year (12 months) probation with the statutory conditions; to complete assessment, counselling or treatment as directed; to not attend the bar; and have no contact with the bartender and the other woman.
There are Gladue factors, said the defence. Houle is 35, from the Wabasca area. She lives in Edmonton.
Houle has a record for assault in 2014 and an alcohol-related conviction from 2018, said Judge Paul. This indicates a problem with alcohol. At her age, “she should do something about it.”
Houle was received a suspended sentence of 12 months probation with the above mentioned conditions.
Edward George Young (35) was in custody in Fort Saskatchewan Correctional Centre. He was in isolation, so his lawyer entered his guilty pleas for him. Most of the charges were from the Wabasca or Calling Lake area. Other charges were withdrawn, including two from Athabasca Provincial Court.
Young pled guilty to possession of a weapon for a dangerous purposes (x2), assault with a weapon, obstructing a peace officer, failure to comply (x2), failure to appear (x2), breach of probation, and resisting arrest.
On May 11, 2019, an RCMP officer pulled over a vehicle, said the Crown. There was a male driver, a woman riding shotgun, and two men in the back seat. Young gave a false name. Visible in the vehicle were a pipe (weapon), open alcohol containers, and a methamphetamine pipe. Eventually, Young gave his correct name.
On August 15, 2019, Desmarais RCMP were called to a Wabasca residence for an unspecified crime, said the Crown. They found a male victim. He had been bear sprayed from his head down. He was in considerable pain and said Young had sprayed him and ran away.
On November 15, 2019 at 8:20 p.m., a police officer pulled over a vehicle, said the Crown. The driver appeared to be hiding his face. Young gave a false name, but the officer recognized him. He was on release conditions to be at his home for a 24/7 curfew and to carry his release documents with him.
On Jan. 20 and Feb. 13, 2020, Young failed to attend court.
On November 2, 2020 in Calling Lake, two RCMP officers did a curfew check on Young’s residence, said the Crown. However, Young was not there. One officer went down a trail in the woods, which connected the home with other parts of the community. After a while, the officer saw Young walking toward him. The officer told Young he was under arrest.
Young said, “Oh, no,” turned and ran away.
The officer chased him through the woods yelling ‘police’ and ‘you are under arrest,’ the Crown said. Young left the woods and took a bike. He fell off and ran back into the woods. The officer tracked Young’s footprints for three kilometres. The tracks led to a home. The officer could hear Young coughing from running, and told him to come out. However, Young did not exit the home. When the homeowner arrived, he opened up the house, saw Young inside and told him to ‘get out.’ The officer arrested Young.
Young has a criminal record.
Young waived his right to a Gladue report, the defence said. He is addicted to alcohol and drugs. Young is a member of Bigstone Cree Nation and lives in the Wabasca-Desmarais area. He had presentence custody credit for 134 days.
Young was sentenced to 120 days total, $400 fines (plus Victim Fine Surcharge), and a weapons prohibition. All fines were converted to time in custody. All sentences, except the converted fines were concurrent. The sentence equalled time served.
For possession of a weapon for dangerous purposes Young was sentenced to 120 days and prohibited from possessing some weapons for 10 years after his release, and others for life.
For assault with a weapon and possession of a weapon for dangerous purposes, Young received 120 day sentences.
Young received 60 days for failure to comply and 45 days for obstructing a peace officer. He was sentenced to 90 days each for breach of probation (x2), and 75 days for resisting arrest.
For each failure to attend court, Young was fined $200 plus victim fine surcharge. This was converted to four days in jail.
At trial, Tyson Lance Manybears (30) changed his plea to guilty to some charges; others were withdrawn. Manybears pled guilty to being illegally in a dwelling, failure to attend court (x2), and assault.
Manybears also entered into a six-month peace bond, with the condition not to go to Slave Lake Liquor. Details were not read in. A criminal charge was withdrawn.
On December 23, 2019, Slave Lake RCMP were called to a residence by the owner, said the Crown. The night before the owner had, in the presence of police officers, locked the building. However, when police arrived they found Manybears and a woman inside.
On January 2, 2020 and January 16, 2020, Manybears didn’t attend trial.
On February 17, 2020 at 4:45 p.m., Slave Lake RCMP received a report of a man brandishing a snow shovel at a woman, said the Crown. When they arrived, the victim was inside a vehicle shaking and weeping. She refused to make a statement. However, two neighbours told police that the woman and Manybears were arguing. This escalated with Manybears kicking and punching the victim. The victim fled to her car.
Manybears punched the car, said the Crown. He then picked up a snow shovel and swung it like a baseball bat. At one point, the victim rolled down the window. Manybears grabbed her and tried to pull her out of the car. Manybears and the victim were in a domestic relationship.
Manybears waived his right to a Gladue report, said the defence. He was raised in Wasbasca-Desmarais and moved to Slave Lake as a child. He’s been on his own since 15. He’s addicted to alcohol.
The Crown recommended probation, a conditional sentence, and low fines. The reason being that Manybears has FASD, other disabilities, and mental health issues, so the goal was to supervise him and try to engage him to deal with his alcohol addiction.
Manybears is transient, said the defence, so he recommended 18 months probation with conditions to attend residential treatment.
Upon hearing that Manybears was transient, the Crown withdrew the conditional sentence portion.
Judge Paul referred to one of Manybears prior convictions. It was an assault with a weapon in domestic circumstances from 2017.
Domestic assault sentences should start with custody, he said. A conditional sentence order is appropriate, but “impossible” for a transient person to comply with.
Manybears was put on probation for 18 months for being illegally in a dwelling and assault with a weapon.
Manybears’ probation included statutory conditions, also to not go to the residence he was in, to not contact the landlord or the assault victim. An exception was made for third-party mediated access to the assault victim and Manybear’s child.
Manybears was fined $50 for the first failure to appear and $75 for the second. These were converted to two days custody each, which equalled time served.
Matthew McKinley (38) pled guilty to failure to comply.
On August 7, 2020, McKinley told his parole officer that he had to leave where he was living, said the crown. The parole officer told him to continue to report and to inform them of his new address. He did not report, so he breached.
McKinley was unable to find another place to live, said the defence. He was homeless and his phone was disconnected. He has since taken steps to deal with his situation and is working.
“You have to get your life in order, Mr. McKinley,” said Judge Paul.
Derek Harold Ward was in custody in isolation. Duty council entered his guilty plea to failure to comply with release conditions and breach of probation. Other charges were withdrawn.
On August 13, Ward was released from Edmonton Remand Centre, said the Crown. A condition of his release was to report to probation. He did not report.
From Nov. 2 to 6, Ward failed to report to High Prairie detox, said the Crown. He had been released from Peace River Correctional Centre with the condition that he go straight to detox and wait for a bed for residential treatment.
Ward was sentenced to two days each. He had three days pretrial credit, so one day left to serve.