Court Report

A whole gamut of offenses: from hunting to drugs

Slave Lake
Provincial Court
May 29, 2019
Judge R. B. Marceau

Appearing via closed circuit camera from Fort Saskatchewan Correctional Centre, James Allan Beaver pled guilty to assault causing bodily harm, failure to appear in court, and failure to comply with conditions or recognizance.

On January 8, 2018, a warrant for assault causing bodily harm was issued for Beaver.

Circumstances leading up to the attack are unclear, the crown prosecutor said.

At the time of the attack, Beaver was intoxicated, the prosecutor said. He approached the victim and, for some reason, struck him with a shovel. The blow took a chunk out of the victim’s ear. Medical personal were able to sew it back together.

Two photos of the injury were admitted.

Beaver’s record was admitted.

Beaver was released on bail in March of 2018. He met with his parole officer in March and again on May 31. From July 12 to August 22, he failed to report.

On September 27, 2018, Beaver was set to stand trial for the assault. He failed to appear.

The assault causing bodily harm is “a grave offense,” Judge R. B. Marceau said. “Jail is the only option.”

For assault causing bodily harm, Beaver was sentenced to 90 days, less 89 days pretrial custody, and required to submit DNA. He was sentenced to 30 days for failure to comply with conditions and 30 days concurrent for failure to attend court. Fourteen days of pretrial custody were subtracted from each 30 day conviction, leaving 16 days to serve.

Mark Andrew Flierl appeared via closed caption camera from Edmonton Remand Centre to plea guilty to two counts of possession of a controlled substance for the purposes of sale and two counts of trafficking in controlled substances.

On March 8, 2018 at around 11:00 a.m., police received a report of two males suspected of shoplifting at a store in Slave Lake, the crown prosecutor said. Suspects left in a yellow truck. It was identified as a Nissan Frontier. Police had the license plate.

Police found the yellow truck in the Walmart parking lot, the crown said. They saw one suspect jump out of the yellow truck and get into a blue Dodge Ram. Police identified the passenger in the Ram.

Police chased the Dodge, the prosecutor said. They caught up to it at a stop light. The passenger got out of the truck and started to run from the police.

Police told the driver to stay at the light and pursued the other suspect, the prosecutor said. The fleeing suspect was caught. The driver of the yellow truck was also arrested.

The driver of the blue Ram did not stay at the light, the prosecutor said. Another chase ensued. Police found the Ram and arrested two males in the truck. Flierl was one of the occupants.

Police searched the vehicle for evidence of shoplifting, the prosecutor said. They found electronics which due to the condition they were in appeared to be stolen. They also found a black cloth bag with baggies in it. The baggies contained meth and cocaine.

Based on statements of the other occupant, police suspected Flierl of trafficking drugs out of his residence.

On March 9, police searched Flierl’s home, the crown said. They found further evidence. They found large enough quantities of both meth and cocaine to charge him with possession for the purpose of sale.

On February 7, 2019, an undercover RCMP officer approached Flierl about purchasing heroin, the prosecutor said. Flierl sold her heroin that was purple coloured.

The officer asked if it contained fentanyl.

Flierl said it did. He asked the undercover officer, if she had a naloxone kit.

The prosecutor said that this proves Flierl knew fentanyl was extremely dangerous.

Flierl sold .36 grams of heroin and fentanyl in a corner bag to the officer for $80. Later, the officer contacted Flierl again. Flierl sold her .21 grams more for $40.

Flierl was arrested. His home was searched.

No criminal record was entered. Flierl was under a peace bond at the time.

A joint submission of four-and-a-half years for the all three convictions was submitted by the crown and the defendant. Four-and-a-half years for the fentanyl and less concurrent on the other two, less credit for six months pretrial custody.

Sentencing will be on September 11, 2019.

Until sentencing, Flierl will be released on bail with conditions that the prosecutor describes as “essentially house arrest.”

Gerald Dale Barore pled guilty to failure to appear in court, breach of probation, and failure to comply with an undertaking.

Details were not read out.

Sentencing will be on September 18, 2019.

Derek Luke Quintal (30) pled guilty to mischief damage to property.

On April 5, 2019 in the evening, police were called to a disturbance, said the prosecutor. Quintal opened the door of his apartment. He was heavily intoxicated.

Quintal’s girlfriend urged police to remove him, the crown said. She denied any assault.

Police arrested Quintal. In the back of the police vehicle, Quintal started kicking the window. He kicked hard and long enough to separate the door from the door frame. No dollar amount was given.

Quintal’s record was admitted. His last mischief conviction was from 2017.

“Mr. Quintal,” Judge R. B. Marceau said, “you’ve come to the attention of the police many times.”

Judge Marceau described the damage as significant.

Quintal was fined $300 or two days in prison if he doesn’t pay.

Under the Wildlife Act, Petro Volkovinskiy pled guilty to hunting without a license.

Fish and wildlife enforcement officers were canvassing a group of hunters, the crown said. Volkovinskiy admitted hunting without a license. He did not kill anything that day.

Volkovinskiy has a previous conviction of hunting without a licence from 2010.

Since this was his second conviction, Volkovinskiy was fined $750. He was not suspended from getting a hunting license. His seized rifle will be returned to him.

At trial, Bertha Jane Auger changed her plea from not guilty to guilty of impaired driving.

On August 12, 2019, Auger and her husband were registered at a hotel in Slave Lake, the crown said. They spent the evening drinking and playing VLT at a nearby restaurant.

At some point in the evening, her husband went back to the hotel. The staff stopped serving Auger, as they felt she had had enough to drink. When she left the bar, a server followed her out because they were concerned that she was going to drive.

Auger got into the driver’s seat of her truck.

The server told her she was going to call 911.

Auger slammed the door, the prosecutor said. She swerved around the server. She was driving too fast for the paring lot. She nearly hit a truck. Police arrived in time to see her park by the hotel. They observed her erratic driving pattern.

Police approached the driver’s side, the prosecutor said. They asked her to get out of the truck, because she was under arrest.

Auger said she got out of the truck willingly.

On the walk to the police car, Auger required assistance to balance, the prosecutor said. At the station, she had difficulty balancing and comprehending what was being said.

This was her first offence.

Auger was fined the minimum of $1,000 and a one year driving suspension. She is eligible to apply for Interlock. The default prison time if she does not pay the fine is eight days.

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