Welcome to my Crime and Justice blog! I am a 19 year old criminal justice student at the University of Winnipeg. I advocate for prisoners' rights, human rights, equality and criminal justice/prison system reforms.

Tuesday, April 20, 2010

Sentencing hearing begins for youth who pleaded guilty to criminal negligence causing death


A sentencing hearing is underway for a 16-year-old Winnipeg who admits to driving a speeding, stolen SUV that crashed and killed a city cab driver.
The teen — who can't be named under the Youth Criminal Justice Act — pleaded guilty last year to criminal negligence causing death and bodily harm. Justice officials stayed a charge of manslaughter.
Justice officials are seeking an adult sentence against the boy, who was 14 at the time of the deadly crash. The maximum penalty as a youth is two-years custody. The maximum for an adult is life in prison.
Antonio Lanzellotti died of massive injuries suffered in the March 2008 incident on Portage Avenue and Maryland Street which shocked and angered Winnipeggers. The teen was driving a Chevy Avalanche which contained six other young offenders. He was racing a stolen Silverado which also had seven occupants.
His sentencing began Tuesday morning and is scheduled to last two days. The youth has been in custody since his arrest.

Crown wants adult penalty for cabbie killer
A two-day sentencing hearing has begun for a teen who was behind the wheel of a stolen SUV when it slammed into a taxi, killing driver Antonio Lanzellotti.
Crown attorney Brent Davidson told court Tuesday morning he will be seeking an adult sentence for the teen.
The March 29, 2008 crash at Portage Avenue and Maryland Street sparked calls for tougher punishments for young offenders and auto thieves.
The driver was 14 years old when the crash occurred.
The now-16-year-old boy has pleaded guilty to criminal negligence causing death and criminal negligence causing bodily harm.
Six passengers of the vehicle were charged with possession of goods obtained by crime, including a girl who made headlines for laughing and saying she didn't care that the driver died.

Sentence cab driver killer as adult: Crown
A 16-year-old boy who was behind the wheel of a stolen sport utility vehicle that killed cab driver Antonio Lanzelotti should be sentenced as an adult to six years in prison, a judge was told Tuesday.
The boy — who was 14 years old at the time of the March 2008 crash — has pleaded guilty to criminal negligence causing death and criminal negligence causing bodily harm.
The boy has already served two years in custody. The maximum youth sentence he can get is two years custody and one year community supervision.
“A sentence of three years is simply not sufficient to hold (him) accountable,” argued Crown attorney Brent Davidson.
The boy’s probation officer had testified he repeatedly violated a court-ordered curfew and skipped school before the fatal crash. The breaches were never reported to police.
Davidson said the boy has shown he is unwilling to accept super vision. “If he simply would have been able to comply with his probation order he would not have been involved in this incident ... (and) Antonio Lanzelotti would still be alive,” he said.
Defence lawyer Evan Roitenberg said the boy should serve just one more year in custody. “The young man who met with a probation officer and said it was nobody’s fault but mine has expressed nothing but genuine remorse,” he said.
The boy and six other youths were in a stolen Chevrolet Avalanche, racing a stolen Chevrolet Silverado pickup when the Avalanche blew through two red lights and hit Lanzelotti’s cab.

Probation officials overlooked breaches of court orders before cab driver killed
WINNIPEG — Manitoba probation officials admit they repeatedly overlooked breaches of court orders from a 14-year-old high-risk car thief in the weeks before he got behind the wheel of a speeding, stolen SUV and killed a city cab driver.
The admission came Tuesday at a sentencing hearing for the boy, who pleaded guilty to criminal negligence causing death and bodily harm for his role in the March 2008 crash that killed Antonio Lanzellotti.
"Probation services gave him enough rope to hang himself," Crown attorney Brent Davidson told court. "If he had just listened to what the court told him to do, Antonio Lanzellotti would still be alive."
The Crown is seeking an adult sentence against the teen, who comes from a prominent family of criminals with strong ties to the Mad Cowz street gangs. They have requested another 23 months of jail, in addition to just over two years of time already spent in custody they concede should be given double-time credit. On paper, it would be noted as a six-year sentence.
The teen — who is now 16 and can’t be named unless an adult sentence is imposed — is asking to remain in youth court and be given eight more months behind bars. Queen’s Bench Justice Lea Duval has reserved her decision.
Cheryl Dyck, who served as the boy’s probation officer, testified Tuesday how the teen was originally sentenced on Feb. 8, 2008 on charges including car theft, drug offences and numerous breaches of court orders. The boy was given probation and placed on the most stringent youth criminal supervision program in Manitoba. His conditions included abstaining from alcohol and a nightly 10 p.m. curfew.
Dyck admits her department caught the teen violating his curfew on several occasions but never reported the incidents to police, who could have arrested him and detained him in custody on new charges. Instead, they upgraded his status to "high-risk" but allowed him to remain free in the community. Dyck said it’s not uncommon to ignore initial violations of young offenders.
"Once a pattern of non-compliance is established then we breach the client," she testified.
On the night of March 29, 2008, the boy had been drinking and consuming drugs with a large group of youths loitering around a downtown apartment building armed with two stolen vehicles. The group scattered when they saw police headed their way.
The boy was driving a Chevy Avalanche containing six other young offenders. He began racing a stolen Silverado that had the other seven youths, court was told. The boy reached speeds of 139 km/h — the legal limit is 60 km/h — and blew through two red lights on Portage Avenue before slamming into the taxi being driven by Lanzellotti at the corner of Portage and Maryland Street.
Lanzellotti, 55, died instantly. He suffered a massive skull fracture, broken ribs and legs and trauma to his brain and chest. A passenger in the cab was seriously injured.
The boy was ejected from the SUV and seriously injured. He initially denied any responsibility, telling police he was innocently walking down the street when he was struck by flying debris. He later admitted to being in the car but claimed another youth was driving. Police got him to admit the truth when DNA off the driver’s side airbag was a perfect match to him. The Crown agreed to drop a manslaughter charge in exchange for his guilty plea.
Dyck told court the boy has made great progress during his two years in youth custody but remains a medium risk to reoffend. She said his biggest obstacle is his own criminally entrenched family, although several relatives have since been deported to Africa.
"He has the ability, we believe, to learn from what happened and benefit from what we’re teaching him," said Dyck. "I think he’s way better equipped now to deal with the issue he’s going to face when he gets out."
The Crown supports having the boy serve the rest of his adult sentence in a youth facility because of the various treatment and programming options available to him. But Davidson said the limits of a youth sentence don’t express strong enough condemnation for the crime he committed.
City police Det.-Sgt. Kevin Kavitch testified Tuesday about the high rate of car theft in Winnipeg at the time of Lanzellotti’s death. He provided statistics showing the vast majority of offenders are youths who deliberately try to engage police in high-speed chase, putting all on the road in danger. Kavitch said between Jan. 1, 2006 and the day Lanzellotti died, police in the stolen auto unit arrested 519 people, of whom 417 were young offenders.

Probation cited in fatal crash -- Knew of breaches by boy who killed cabbie
Manitoba probation officials admit they repeatedly overlooked breaches of court orders from a 14-year-old high-risk car thief in the weeks before he got behind the wheel of a speeding, stolen SUV and killed a city cab driver.
The admission came Tuesday at a sentencing hearing for the boy, who pleaded guilty to criminal negligence causing death and bodily harm for his role in the March 2008 crash that killed Antonio Lanzellotti.
"Probation services gave him enough rope to hang himself," Crown attorney Brent Davidson told court. "If he had just listened to what the court told him to do, Antonio Lanzellotti would still be alive."
The Crown is seeking an adult sentence against the teen, who comes from a prominent family of criminals with strong ties to the Mad Cowz street gangs. They have requested another 23 months of jail, in addition to just over two years of time already spent in custody they concede should be given double-time credit. On paper, it would be noted as a six-year sentence.
The teen -- who is now 16 and can't be named unless an adult sentence is imposed -- is asking to remain in youth court and be given eight more months behind bars. Queen's Bench Justice Lea Duval has reserved her decision.
Cheryl Dyck, who served as the boy's probation officer, testified Tuesday how the teen was originally sentenced on Feb. 8, 2008 on charges including car theft, drug offences and numerous breaches of court orders. The boy was given probation and placed on the most stringent youth criminal supervision program in Manitoba. His conditions included abstaining from alcohol and a nightly 10 p.m. curfew.
Dyck admits her department caught the teen violating his curfew on several occasions but never reported the incidents to police, who could have arrested him and detained him in custody on new charges. Instead, they upgraded his status to "high-risk" but allowed him to remain free in the community. Dyck said it's not uncommon to ignore initial violations of young offenders.
"Once a pattern of non-compliance is established then we breach the client," she testified.
On the night of March 29, 2008, the boy had been drinking and consuming drugs with a large group of youths loitering around a downtown apartment building armed with two stolen vehicles. The group scattered when they saw police headed their way.
The boy was driving a Chevy Avalanche containing six other young offenders. He began racing a stolen Silverado that had the other seven youths, court was told. The boy reached speeds of 139 km/h -- the legal limit is 60 km/h -- and blew through two red lights on Portage Avenue before slamming into the taxi being driven by Lanzellotti at the corner of Portage and Maryland Street.
Lanzellotti, 55, died instantly. He suffered a massive skull fracture, broken ribs and legs and trauma to his brain and chest. A passenger in the cab was seriously injured.
The boy was ejected from the SUV and seriously injured. He initially denied any responsibility, telling police he was innocently walking down the street when he was struck by flying debris. He later admitted to being in the car but claimed another youth was driving. Police got him to admit the truth when DNA off the driver's side airbag was a perfect match to him. The Crown agreed to drop a manslaughter charge in exchange for his guilty plea.
Dyck told court the boy has made great progress during his two years in youth custody but remains a medium risk to reoffend. She said his biggest obstacle is his own criminally entrenched family, although several relatives have since been deported to Africa.
"He has the ability, we believe, to learn from what happened and benefit from what we're teaching him," said Dyck. "I think he's way better equipped now to deal with the issue he's going to face when he gets out."
The Crown supports having the boy serve the rest of his adult sentence in a youth facility because of the various treatment and programming options available to him. But Davidson said the limits of a youth sentence don't express strong enough condemnation for the crime he committed.
City police Det.-Sgt. Kevin Kavitch testified Tuesday about the high rate of car theft in Winnipeg at the time of Lanzellotti's death. He provided statistics showing the vast majority of offenders are youths who deliberately try to engage police in high-speed chase, putting all on the road in danger. Kavitch said between Jan. 1, 2006 and the day Lanzellotti died, police in the stolen auto unit arrested 519 people, of whom 417 were young offenders.

I completely disagree with adult sentences for youth. Youth deserve to be sentenced as a youth. The YCJA's mandate is extremely important and relevant to youths, which focuses on more on rehabilitation and reintegration than the adult system does. 

Youths who are sent to adult prisons even if they committed a violent crime, are more likely to become more violent and dangerous and learn "new criminal ways." Prisons are commonly thought of as the "schools of crime" and this is especially true for youths. They are also at a MUCH higher risk of being assaulted, and have a higher suicide risk when in adult prisons. 

A youth who may lack education, suffer from mental health issues, behavioural problems, learning disabilities, or addictions, will have far less opportunity for rehabilitation programs in adult prisons. This is because these programs have much less funding in adult prisons and cannot serve every individual's needs when prisons become so overcrowded, like they are now. In adult prisons, rehabilitation programs and services are catered towards adult needs, not youths. This creates an especially large problem, as I believe if youth are going to sentenced to a prison term, it should be in a youth facility, where resources and programs are more tailored to their specific needs as teens. 

When placed in adult prisons, youth have even less of a chance of being rehabilitated than if sent to a youth facility. We need these individuals to be rehabilitated because someday, they will be released and it is in society's best interests. Adult prisons do not deter or reduce crime and often can cause more violence, hostility and anger within an individual. The length of a prison sentence has been shown to have no effect on recidivism rates. When released from an adult prison, youths are more likely to re-offend, likely with a more serious crime. 

There is no evidence that adult prisons are more effective for youth than youth facilities, or even better, community sanctions. So why the need to send them there? The only reason I can think of, is for revenge/vengeance which in my mind, is not sufficient enough. 

Housing teens in adult prisons is simply WRONG, regardless of the crimes committed. Placing them in adult prisons constitutes deliberate indifference to their well being and dehumanizes them. In addition to being costly in both time and resources, adult prisons essentially prevent reconciliation/healing and rehabilitation. 

Transferring the problem of serious youth offenders to an even more overwhelmed and much less effective adult system, makes absolutely no sense. 

Youth inmates are more likely to re-offend after being released from an adult prison. Ask yourself, is this in society's best interests?? I know what my answer is.


I believe that youths should be treated as such, not like adults. This boy is young and could benefit from rehab. He has his whole life ahead of him. He should be sentenced as a juvenile because at the time, he was a juvenile!! In this case, rehabilitation is a huge factor and we need to strive to understand the causes of this youth's criminal behaviour and deviance.

This boy has made progress in youth custody and doesn't have the greatest family background, as the majority of his relatives are prominent criminals and have gang ties. This boy grew up in an environment like this and doesn't know any better. He didn't grow up knowing any pro social values or morals. I think we really need to address the problems with his family, because I truly believe, that that is the root cause of his behaviour. He didn't have any good role models growing up, so how do you expect him to behave? Plus, he has already spent 2 years in youth custody. 

I agree more with the defence than the Crown, in that he should serve 8 more months. Personally, I would suggest about 4-5 more months, combined with probation. I think this teen needs counseling to help deal with his criminal family, family counseling (if all were willing), and a mentor to act as a good role model for this teen, help with education, employment assistance, and drug/alcohol treatment. I think maybe group therapy could be effective as well.

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