‘Camping trip’ to Slave Lake includes attempted theft of tires
September 30, 2020
Judge C.K. Thietke
Stephen Roderick Pond (45) appeared via phone from Edmonton Youth Offender Centre (EYOC).
“What are you doing at EYOC?” ask Judge Thietke, during sentencing.
With COVID-19, young offenders were released, said Pond. “Well behaved inmates were sent to EYOC.”
Pond pled guilty to resisting a peace officer, obstructing a peace officer, intent/avoid arrest, and two charges of failure to comply with an undertaking. He also pled guilty to driving while unauthorized under the Traffic Safety Act. Three criminal charges and another ticket were withdrawn.
On August 8, 2020 at around 10:30 p.m., the Slave Lake RCMP were on patrol, said the Crown prosecutor. They saw a minivan behind the Canadian Tire. A man and a woman were outside of the vehicle looking around. They took some tires from the tire rack and put them in the vehicle.
When RCMP pulled the vehicle over, the female passenger got out. The police told her to get back into the vehicle. Instead, she went around to the driver’s side. The driver slid into the passenger seat.
When police approached the vehicle, Pond said his name was Greg. The officer questioned him and the passenger about this, but they insisted that was his name. The officer was able to figure out that Pond had given a false name. He was wanted on warrants and on conditions, which included a curfew. Pond was to be in his residence from 10 p.m. to 7 a.m. He was also not carrying his release conditions, which was a requirement.
During sentencing, Judge Thietke asked Pond about the curfew breach. Pond said he knew he was on a curfew condition out of Blackfalds, but decided to go camping in Slave Lake.
The Crown said an RCMP officer told Pond he was under arrest and handcuffed one of his wrists. Pond tried to run away, but the officer was holding the other end of the handcuff. There was a struggle. Pond yelled, ‘I’m not going back to jail,’ several times. Pond was taken to the ground.
Pond was sentenced to 30 days each for resisting a peace officer, obstructing a peace officer, failure to comply with an undertaking, and driving while unauthorized. The terms are to be served concurrently.
For intent/avoid arrest and the second failure to comply with an undertaking, Pond was sentenced to 40 days concurrent.
Pond had been in custody since the day of his arrest, so the sentence equaled time served.
Linda Charlotte Alook (49) pled guilty to failure to comply with release conditions.
On July 23, 2020, Alook had contact with someone she was under release conditions not to contact, said the Crown. Given her limited record a fine is appropriate.
A no-contact breaches is “one of the most serious kinds of breaches,” said Judge Thietke. “You can’t just ignore it.”
Alook was fined $200. Time to pay was given until January 22, 2021.
Marina L’Hirondelle (74) pled guilty to driving with no insurance under the Traffic Safety Act.
On July 24, 2020, L’Hirondelle drove without insurance, said the Crown.
There is a required minimum fine, said Judge Theitke.
L’Hirondelle was fined $3,000, including the victim fine surcharge. Time to pay was given until March 26, 2021.
Brian Victor Lair pled guilty to operation of a motor vehicle with a blood alcohol level of 0.08 or over.
On April 5, 2019, the RCMP were informed of a possible impaired, said the Crown. Lair left an office, got in a vehicle and drove away. The witness said he smelled of liquor. The witness gave the police a description of the vehicle and license plate. With lights flashing, Police pulled him over. Before the officer had exited the vehicle, Lair started to drive away. The officer put on the siren. Lair stopped driving away.
Lair’s blood alcohol level was 0.15, almost twice the legal limit.
Defence suggested the minimum mandatory fine and prohibition for that type of reading.
Lair was fined $1,500 and prohibited for driving for one year.
Parker Lavallee (23), from Edmonton, was sentenced for assault. He was found guilty at a trial on a different court day.
A Gladue Report and Victim Impact Statement were presented as evidence.
Full details of the assault were not read in, but between the Crown and Judge Thietke’s comments a basic picture emerged.
Lavallee’s former domestic partner came and took their dog, which was in Lavallee’s possession.
Lavallee’s actions were “a true overreaction which led to multiple blows,” said the Crown. He recommended a conditional sentence order of house arrest and eight months of probation. The reasons: the victim was a former domestic partner, Lavallee put pressure on the her neck “among the most vulnerable part” of a person’s body. The violence involved “more than a single punch.” The emotional impact on the victim was also an aggravating factor.
The prosecutor said the mitigating factors were that Lavallee is a “relatively young man with no criminal record.” Also, the court is ordered to give “full consideration to” alternatives to jail for Indigenous offenders.
Various Gladue factors impact Lavallee, said duty council. Lavallee has moved out of the community and now lives in Edmonton. He is employed, but works some of the time in camp. Therefore, house arrest might cause him to lose his job. Therefore, he requests an exception that would allow him to still work at camp. However, he is willing to abide by any conditions.
“Mr. Lavallee was convicted following a trial,” said Judge Thietke. However, he represented himself and gave “almost no defence,” if he’d had a lawyer he’d likely have pled guilty, which is a mitigating factor.
Domestic violence is a big problem in this jurisdiction, said Judge Thietke. People who wouldn’t hit a stranger seem to have no problem striking their domestic partner. Therefore, often an assault of this kind will result in prison. However, this crime is “not at the highest end for domestic assaults.” Lavallee was not stalking his ex, and seemed to have gotten over the relationship. The assault was a one-off overreaction.
Other mitigating factors were it was not intentional, Lavallee’s youth, lack of record and lack of education.
“There are systematic factors which work against Indigenous individuals,” said Judge Thietke. (These are collectively called Gladue factors). Lavallee also had individual Gladue factors.
“The sentence must be the least onerous one available,” he continued. The sentence must denounce the action, deter further crime, and rehabilitate. A fine will serve to denounce and deter. A no contact condition will protect the victim.
Lavallee was fined $500 plus a victim fine surcharge of $150. He was also put on probation for one year. He is to have no contact with the victim and the statutory conditions (to keep the peace and show up for court). Time to pay was given until November 27, 2020.
Lacey Miranda Noskey pled guilty to operation of a motor vehicle with a blood alcohol level of 0.08 or over.
RCMP pulled Noskey over for speeding in a residential area, said the Crown. Her blood alcohol level was 0.08 exactly the legal limit.
Noskey had a limited record. This was her first impaired driving conviction.
Noskey is eligible for Interlock, said the defence. She asks that the court not imposed extra restrictions.
Noskey received the minimum: a $1,000 fined and one-year driving prohibition.
“I’m silent as to Interlock,” said Judge Thietke. By which he meant, he is not interfering with her right to apply. Time to pay was given until March 26, 2020.
Neil Wayne Rowe called in to request that three charges of mischief and one failure to appear be waived to Edmonton for guilty pleas. It is unclear which of the charges he plans to plead guilty to. These will be in Edmonton court on October 7.