Poop and knives: two men convicted of crimes
September 9, 2020
Judge A. Chernek
Cody Thomas Kirkland (31), of Edmonton, pled guilty to mischief damage under $5,000. One charge was withdrawn.
In August 2018, in the early morning, Kirkland was in Slave Lake RCMP cells, said the Crown prosecutor. Kirkland smeared feces in the cell, spilled toilet water on the floor and urinated on the floor. Being bodily fluids, the mess was classified as a biohazard. It cost the Slave Lake RCMP $210 to clean up.
Kirkland had one prior conviction for which he was fined $500.
The Crown recommended Kirkland be fined $2,000 and ordered to pay $210 in restitution to the Slave Lake RCMP.
Kirkland was drunk and looking for toilet paper, said duty counsel.
Kirkland said, he’d been “begging for toilet paper for two hours.” After cleaning himself with his hand, he smeared the wall.
“Two wrongs do not make a right,” said Judge Chernek to Kirkland. It took “a great deal of work to clean it up.”
Kirkland was fined $1,000 and ordered to pay $210 in restitution. Time to pay was given to pay the fine until December 23, 2020.
Jesse Lee Large (21) pled guilty to two charges of possession of a weapon for dangerous purpose. Five other counts were withdrawn.
Large committed the same crime twice within the same day, said the Crown prosecutor. These were an hour and a half apart. Otherwise, the Crown would suggest a conditional discharge, as at the time Large didn’t have a criminal record.
On December 31, 2019, at approximately 3 p.m., the Slave Lake RCMP were called to the Slave Lake Library, said the Crown. They went to assist Town of Slave Lake bylaw officers. The bylaw officers received a complaint of a man sleeping in the library. Both officers responded. They found Large sleeping at one of the computers, with a two litre bottle of alcohol under his chair. The bylaw officers told him to stand up and take his hands out of his pockets. He stood up, but didn’t take his hands out. The officers were worried about their safety as he could have been holding a weapon. When he continued to refuse, it took both officers to restrain him. They found a hunting knife in his pocket.
On the same day, Large was once again in the library, said the Crown. Both bylaw officers arrived. Large was sleeping at one of the computers, with another empty two litre bottle under his chair. Large acted the same way he had in the previous situation. They also found cannabis in his pocket. He was under release conditions to not consume or have alcohol or other intoxicating substances, including cannabis. He was also under conditions not to have weapons.
The Crown recommended six months probation concurrent for each crime and a 10 year weapons prohibition.
The defence recommended six month concurrent conditional discharges.
A conditional discharge results in a criminal record for the duration of the probation plus one year. If during that time, the person doesn’t breach probation or isn’t convicted of any crime, the criminal record is wiped clean. Going forward the person no longer has a record.
Large waived his right to a Gladue report, said the defence, but there are various Gladue factors. He was raised on the Saddle Lake Cree Nation, by St. Paul. He lived with various family members. He is addicted to alcohol and has been homeless. At the time, he had traveled to Slave Lake with his girlfriend. They were not able to stay at the place they thought they could. They started drinking and fought. Large left. Large’s phone was dead, so he went to the library to use free wi-fi to contact people to find a place to stay.
“I recognize the Gladue factors,” said Judge Chernek. Also Large’s “relative youthfulness”, guilty plea, and that the weapon was a knife, nothing more serious.
Large was sentenced to a conditional discharge of six months concurrent for each crime. The conditions were to keep the peace, report, and attend counselling, treatment, etc.
Note: this docket was the first since COVID-19 which was physically in Slave Lake. Going forward, provincial court will be in High Prairie, Slave Lake, Red Earth Creek, and Wabasca-Desmarais. People are required to wear a mask in the courthouse. Physical distancing and plexiglass have been installed.
People are expected to attend court, contact duty counsel, the court, or native counselling. Warrants to hold were issued for 11 people. Eight warrants were issued or released from previous warrants to hold.