Gang members plead guilty to kidnapping

Gang members plead guilty to gunpoint kidnapping

Two members of Winnipeg street gang have admitted to a gunpoint attack against the mother of one of their criminal colleagues.

Jammal Dillinger Jacob and Michael Brandon Williams pleaded guilty Wednesday to charges including kidnapping, forcible confinement and aggravated assault. The pair, who have ties to the Mad Cowz, will be sentenced later this year.

The 40-year-old victim immigrated from South Africa and has described her ordeal as comparable to the violence she witnessed in refugee camps prior to coming to Canada. The single mother of four suffered extensive physical and emotional injuries and was placed in the federal witness-protection program. She moved out of the province, court was told.

Jacob, Williams and another gang member had known the victim for years because of their affiliation with her son. The trio decided to try to get some money out of the woman after they crossed paths with her on the street while she was looking for her son in 2007.

They took the woman to a home on the belief her son would be there. Then, they pulled out guns and held them to her head. The gang members told the woman she hadn't "thanked them" for looking after her boy when he was in prison by ensuring he wouldn't be attacked by other inmates.

They initially demanded $10,000, then changed it to $40,000 when she said she could only offer a few hundred dollars. The men beat her with the butt ends of their guns, fracturing her left sinus cavity. They also hit her with a set of weights and a pipe, poked her in the eye socket and said she and her family would be killed.

The woman convinced the men to drive her to the restaurant where she worked so she could get some cash. She ran for help as soon as she was let out of the car.

Cory Amyotte, 23, pleaded guilty earlier this summer to aggravated assault and extortion and was sentenced to four years in prison. Amyotte and Jacob have previously made headlines for refusing to testify in a high-profile murder trial.

Phil Haiart died in October 2005 after getting caught in the crossfire of a gang shootout in the West End. Jeffrey Cansanay was convicted earlier this year of second-degree murder and sentenced to life in prison.

Cory Spence was convicted of the same charge as a youth, but raised to adult court and given life in prison.

Amyotte and another gang member, Gharib Abdullah, were the targets of the bullets that hit Haiart. Cansanay previously went on trial in 2007 but was cleared by a judge who refused to allow videotaped police statements from Amyotte and Abdullah to be played in court when they both remained silent in the witness box. The Manitoba Court of Appeal later overturned the decision and ordered a new trial, saying the judge had erred.

Abdullah and Amyotte were cited for contempt of court and received precedent-setting prison terms -- four years for Amyotte, three-and-a-half for Abdullah. Both men testified when Cansanay's second trial began this spring. Abdullah told jurors he saw Cansanay open fire on him and Amyotte. Amyotte said he was in hiding at the time and didn't see anything.

Jacob was sentenced in 2008 to two years in prison for refusing to testify at Spence's trial. He was originally given three years behind bars for contempt of court but had it reduced on appeal to two years.

These gang members should not be given overly harsh sentences. Gangs often flourish in prisons and ties are often strengthened with antisocial criminal peers. Gang members readily subscribe to the prison subculture consisting of pro criminal attitudes, values and behaviours. They are often released with little to no rehabilitation, no skills, education, or assistance/support in the community and are therefore, much more likely to resort back to crime. I feel sorry for gang members because they often join due to a lack of belonging and sense of affection, respect and identity within their biological families and therefore, they fulfill these needs in other ways, for example, by joining gangs. Family conflict, neglect, abuse, dysfunction, etc. often underlies the reasons why individuals join gangs. Those issues need to be addressed effectively. I would sentence these gang members to 2 years in prison followed by community support, intensive supervision, family counseling, and community programming aimed at gang desistance. 

Teens jailed for unprovoked attack on senior, fueled by intoxication

Teens jailed for cowardly attack

Three Winnipeg teens have been jailed for a cowardly attack on an 64-year-old stranger who was randomly targeted for violence.

The victim suffered extensive injuries in June 2009 while walking down a North End street just after midnight. He was sprayed in the eyes with bear mace, kicked and punched to the ground and slashed on the shoulder with a machete.

He didn't know any of his attackers, who were drunk and had just left a nearby house party when they passed him in the street and jumped him without any provocation.

The man was originally taken to hospital in critical condition and spent weeks recovering. He still suffers long-term damage include vision problems and lack of mobility in one arm.

The 17-year-old boy who triggered the attack appeared in court Wednesday and was given a 14-month sentence of custody and supervision after pleading guilty to aggravated assault. He will have to serve at least two-thirds of that time behind bars until he can be released into the community. He had been free on bail since shortly after his arrest and hugged both his parents before being led away by sheriff's officers.

Crown attorney Susan Baragar said the boy was armed with the pepper spray and initiated the fight by spraying the victim. The others then joined in before they all fled the scene. None of the accused had any prior criminal record.

The youth who was carrying the machete was recently given 18 months of custody and supervision, while the other boy who used his fists and feet received a 13-month sentence. All three have also been placed on supervised probation.

The victim was not in court for the sentencing hearings but did provide a written statement detailing his injuries and recovery.

None of the teens had any prior involvement with the criminal justice system and they were intoxicated during the attack, which is most likely what fueled the attack. Longer prison sentences are not in society's best interests as they have been shown to increase the chances of re-offending and decrease the likelihood of successful reintegration. Prisons are also known as the schools of crime, especially for teens, where they often learn new skills and how to avoid detection. Prisons do little to facilitate or encourage rehabilitation and reform. Prisons consist of negative environments, pro-criminal attitudes, values and behaviours. Youth prisons also have many teens from all different security and risk levels, which means non-violent offenders will be housed with violent offenders and that is dangerous. I agree with the 14 month sentence, as this teen mentioned would pose some risk to society, especially when intoxicated. I also believe that while on probation, he should be required to participate in substance abuse counseling, violence prevention and risk management programming and emotion management programming.

Teen involved in machete attack, receives 15 months prison

Machete attack gets 15 months

A Winnipeg teen who sparked a machete attack on a 64-year-old man should be sentenced to 15 months custody and community supervision, a judge said Thursday, but it will be some time before he learns how much of that sentence will be spent behind bars.

The man’s lawyer is arguing the sentence should be reduced in consideration of the lengthy period he has spent on bail since the June 2009 attack.

Judge Ted Lismer adjourned sentencing to allow the defence time to prepare an additional sentencing submission.

A final sentencing date will be set later this summer.

Court has heard the then 17-year-old accused had been drinking heavily and was in the company of two boys — one 16, one 15 — he had met that same day when the trio came across the victim shortly after midnight, walking in the vicinity of Aberdeen Avenue and McGregor Street.

The victim was “minding his own business” when the accused instigated a verbal exchange with the victim and punched him in the head, knocking him to the ground, Crown attorney Susan Baragar told court at an earlier sentencing hearing. The accused sprayed him with bear repellent and kicked him in the head.

The two co-accused joined in the attack, the older of the two slicing one of the victim’s shoulders with a machete.

The 16-year-old co-accused was previously sentenced to 18 months in jail, while the 15-year-old was sentenced to just under one year in jail.

Defence lawyer Jody Ostapiw said her client has had no more run-ins with the law while on bail and urged Lismer to sentence him to probation.

The accused was the only one of the three teens to be released on bail. That fact should not entitle him to a more lenient sentence, Baragar argued.

Lismer agreed, noting the accused was allowed to live under relaxed house arrest conditions with limited monitoring while his two co-accused were confined in jail.

“The only meaningful and just sentence that will hold the accused accountable is a period of custody,” he said Thursday.

If this teen has obeyed his conditions while on bail, which he has, he should not spent any more time in prison. He was intoxicated and impaired, which is a mitigating factor in this case. He should receive programming for violence prevention and risk management and emotion management but be placed on probation. Prison would not help him at all. 

Man acquitted in robbery when Judge concludes there was "reasonable doubt"

Man acquitted in robbery after Judge voices doubt

A Winnipeg man has been acquitted of a violent robbery in the North End after a judge said he might have been encouraged to lie about his involvement in the incident.

Anthony Ross-Cameron, 20, stood trial earlier this month, charged with aggravated assault and robbery.

Ross-Cameron was among three men and one woman arrested after a man was beaten outside his Flora Avenue home on May 29, 2008 and robbed of $20.

He provided a police statement implicating himself in the attack only after a co-accused, Waylon Prince, identified him as one of the attackers, said Justice Robert Dewar.

“The defence argues Prince tried to minimize his involvement and the accused was a convenient target to assist him to do so,” Dewar said Wednesday. “When given the opportunity to do so by police, Prince seized upon the name of the accused.”

In a subsequent interview with Ross-Cameron, police told him Prince would “downplay” his involvement and cast greater blame on his co-accused, Dewar said.

“Although I don’t criticize this form of interrogation, it may encourage a response from the accused which implicates that person in a crime which he may not have committed,” Dewar said. “He is now being invited to tailor the truth in such a manner to defend a competing story from a co-accused. It is not a stretch for an accused to think that limited involvement will sound more palatable to police than no involvement at all.”

Prince pleaded guilty in April 2009 to aggravated assault and was sentenced to the equivalent of 40 months in custody.

At trial, Ross-Cameron recanted his police statement and claimed he was at home, in compliance with a court-ordered curfew, when the victim was attacked. Ross-Cameron testified he told police “what they wanted to hear” so they would let him go home.

Dewar rejected that testimony.

“It makes no sense that the accused would volunteer in a police investigation that he was at the scene of a crime if he was not,” Dewar said. “The rational way to secure early release was to tell police where he was and who he was with.”

Dewar had a few parting words for Ross-Cameron, who remains in custody on other matters.

“You should choose your friends more carefully,” he said.

Jail is no place for teen who has been compliant on bail for over a year

'Nonsensical' to send sliver to jail, says lawyer

Jail is no place for a Winnipeg teen who sparked a June 2009 attack that saw a 64-year-old man sliced with a machete, a court was told Monday.

The now 18-year-old man has had no more run-ins with the law since being released on bail a year ago, said defence lawyer Jody Ostapiw, adding it would be “nonsensical” to send her client to jail.

Ostapiw recommended Judge Ted Lismer sentence the man to 18 months supervised probation, with an absolute curfew for the first six months of the sentence. “(Probation) would be far more effective than ripping this young man from his home where he has been compliant for a year,” Ostapiw said.

Crown attorney Susan Baragar argued the man should not receive a more lenient sentence than two male co-accused who were not released on bail.

A then-16-year-old co-accused was previously sentenced to 18 months in jail. A 15-year-old co-accused was sentenced to just under one year in jail.

“This kind of behaviour must attract a custodial sentence,” said Baragar, who urged Lismer to sentence the man to 15 months in jail.

Court heard the then 17-year-old accused had been drinking heavily and was in the company of two youths he had met that same day when the trio came across the victim shortly after midnight, walking in the vicinity of Aberdeen Avenue and McGregor Street.

The victim was “minding his own business” when the accused instigated a verbal exchange with the victim and punched him in the head, knocking him to the ground, Baragar said. The accused sprayed him with bear repellent and kicked him in the head.

The two co-accused joined in the attack, the older of the two slicing the victim in the shoulder with a machete.

Court heard the victim continues to have difficulties raising his arm, has trouble with his eyes and is unable to work.

Lismer adjourned sentencing to July 15.

I agree with the defence lawyer in this case. Prison is no place for this man. If he has demonstrated good behaviour while on bail, there is no further need to imprison him, as he has proven that he is not a danger to society any further. Prison is the school of crime and is a negative environment filled with drugs, gangs and pro criminal attitudes and behaviours and values. I would like to know more information on this man's background life and mitigating factors, but I agree with the supervised probation as a recommended sentence for this man along with emotion management, substance abuse, violence prevention programming. Jail is not necessary to protect the public from this man.

Man with alcohol issues and troubled upbringing, sentenced to 6 years prison

Vicious attack lands man in jail

A Winnipeg man has been sentenced to six years in prison for a pair of vicious attacks that left his victims nursing lifelong injuries.

Terry Quill, 32, pleaded guilty to two counts of aggravated assault.

Police arrested Quill in March 2009 after Quill and several other men attacked the victim as he was walking in the area of Balmoral Avenue and Spence Street. Court heard the victim, an African immigrant, was wearing a ball cap with an abbreviation on it that Quill interpreted as a racial slur.

Following an exchange of words the men set upon the victim and Quill beat him in the groin with a board, rupturing one of his testicles.

Quill was rearrested last March after he and several other men attacked a bouncer at the St. Regis Hotel. A beer bottle was broken over the man's head and he suffered permanent eye damage.

Quill's sentence was two years less than recommended by the Crown. Judge Ted Lismer said eight years was an appropriate sentence for the two individual assaults but elected to reduce it by two years, citing the totality principle.

The totality principle is invoked in cases where multiple convictions and consecutive sentences can result in disproportionately long prison terms.

Defence lawyer Lori VanDongen said Quill pleaded guilty to the March 2009 attack against her advice. She said witnesses at a preliminary hearing provided unreliable testimony and there was no physical evidence linking Quill to the assault.

"At the end of the day he probably wouldn't be convicted of the offence," she said.

Both attacks were fueled by alcohol, VanDongen said, adding Quill has a history of becoming violent when he is drinking.

"On a normal day, walking down the street, Mr. Quill is able to contain his emotions," she said.

Quill's violent ways are the fruit of a troubled upbringing, VanDongen said.

"People aren't born violent... they become what they see," she said. "Unfortunately that warps you."

Lismer credited Quill 15 1/2 months for time already served, reducing his remaining sentence to just over 4 1/2 years.

I disagree with this sentence completely. This man should have received 18 months in prison combined with a conditional sentence. 6 years is far too harsh in my opinion. This man's criminal behaviour was fuelled by alcohol issues and his troubled upbringing. I believe this man could benefit from alcohol treatment, counseling to address the issues involving his childhood and emotion management and violence prevention programs. Prison will not address the underlying issues and root causes of this man's behaviour. I only say he should be sentenced to some prison time because he does pose some danger to society and prison may help to remove him from alcohol for a time period. But 6 years is far too harsh. Longer prison sentences are revenge, not justice. 

Man sentenced for beating fellow gang members' mother

Man sentenced for beating fellow gang members' mother

A Winnipeg street gangster has been sentenced to four years in prison for beating a fellow gang member’s mother.

Corey Nelson Amyotte, 23, pleaded guilty to aggravated assault and extortion.

“This was a horrible, unprovoked assault on a woman he had known all his life,” Crown attorney Carla Dewar told court Monday.

Amyotte and two other members of the Mad Cowz street gang attacked the woman in February 2007, telling her she owed them $10,000 for “protecting” her son while he was in jail.

The victim — now living out of province in witness protection — knew Amyotte since he was a baby and spent time with his father in an African refugee camp 22 years ago, Dewar said.

Court heard the 43-year-old woman had been looking for her missing son when she came across Amyotte, who claimed to have seen him. Amyotte lured her to a West End house where he and two other men beat her with a pipe, a dumbbell, and the butt of a gun.

The men shoved the woman into a car and drove her to the restaurant where she worked. The woman convinced her attackers to stay in the car while she went inside to get them some money. The woman ran straight through the restaurant and flagged down a passing motorist.

“The driver thought she was a prostitute and asked if she was working,” Dewar said. “She said yes just to get a ride.”

When the man saw the bruises on her face, he drove the woman straight home, Dewar said.

Co-accused Jammal Dillinger Jacob and Michael Brandon Williams remain before the court.

In June 2007, Amyotte was sentenced to four years in prison after he refused to testify at the trials of two men arrested in the shooting death of innocent bystander Phil Haiart. The sentence was later reduced on appeal to three years.

Violent extortion attempt lands gangster in prison
THE mother of an imprisoned Winnipeg gang member was terrorized at gunpoint by several of her son's criminal colleagues during a violent attempt to extort $40,000 from her.
Details of the February 2007 incident emerged for the first time Monday at the sentencing hearing for one of the attackers. The victim -- who immigrated from South Africa -- described her ordeal as comparable to the violence she witnessed in refugee camps prior to coming to Canada.
"This day brought it all back to her. This was a horrible, unprovoked assault," Crown attorney Carla Dewar said.
The single mother of four suffered extensive physical and emotional injuries and was placed in the federal witness-protection program.
She moved out of the province, court was told.
Cory Amyotte, 23, pleaded guilty to numerous offences including aggravated assault and extortion. On Monday, he was given four years in prison under a joint recommendation from Crown and defence lawyers.
Amyotte had known the victim for years and was involved in the Mad Cowz street gang, along with the woman's son.
Dewar said Amyotte and several gang members decided to try to get some money out of the woman after they crossed paths with her on the street while she was looking for her son.
They took the woman to a home on the belief her son would be there. Then, they pulled out guns and held them to her head.
The gang members told the woman she hadn't "thanked them" for looking after her boy when he was in prison by ensuring he wouldn't be attacked by other inmates.
Amyotte initially demanded $10,000, then changed it to $40,000 when she said she could only offer a few hundred dollars.
The men beat her with the butt ends of their guns, fracturing her left sinus cavity. They also hit her with a set of weights and a pipe, poked her in the eye socket and said she and her family would be killed.
The woman convinced the men to drive her to the restaurant where she worked so she could get some cash. She ran for help as soon as she was let out of the car.
Two others charged in connection with the 2007 beating remain before the courts.
Amyotte recently made headlines for refusing to testify in a high-profile murder trial.
Phil Haiart died in October 2005 after getting caught in the crossfire of a gang shootout in the West End. Jeffrey Cansanay was convicted last month of second-degree murder and sentenced to life in prison.
Cory Spence was convicted of the same charge as a youth, but raised to adult court and given life in prison.
Amyotte and another gang member, Gharib Abdullah, were the targets of the bullets that hit Haiart. Cansanay previously went on trial in 2007 but was cleared by a judge who refused to allow videotaped police statements from Amyotte and Abdullah to be played in court when they both remained silent in the witness box. The Manitoba Court of Appeal later overturned the decision and ordered a new trial, saying the judge had erred.
Abdullah and Amyotte were cited for contempt of court and received precedent-setting prison terms -- four years for Amyotte, three-and-a-half for Abdullah.
Both men testified when Cansanay's second trial began this spring. Abdullah told jurors he saw Cansanay open fire on him and Amyotte. Amyotte said he was in hiding at the time and didn't see anything.

This article offers limited information and fails to report on any mitigating factors of the accused or any of the defence lawyer's statements, which is biased, not objective. I feel that 4 years for aggravated assault is too harsh. This man is a gang member whose gang and drug ties will likely strengthen while in prison, not lessen. Prison is a negative environment with negative influences and will not address the root causes and underlying factors contributing to his criminal behaviour. This man needs to learn anger management. 

Man agrees to being labelled as a long term offender

Man agrees to branding as long term offender

A Winnipeg man who choked his stepdaughter while she was sleeping has agreed to be branded a long-term offender.

Yves Ussak will be monitored in the community under parole-like conditions for 10 years following his release from prison. Any breaches could land him back behind bars. The courts have yet to rule on when Ussak will be released from prison.

Ussak has been in custody since 2006, after he grabbed a knife and began choking the young woman. There was no provocation for the attack, in which the woman briefly went unconscious, woke up, screamed for help, and then ran away. She suffered numerous broken blood vessels in her face and eyes but made a full recovery, court was told.

Police arrested Ussak, who was drunk and couldn't explain why he had attacked his stepdaughter.

Ussak pleaded guilty to aggravated assault but his sentencing hearing has dragged through the courts for more than a year, with several prison and probation officials called to testify. The Crown had originally considered seeking a rare dangerous-offender designation, which would have left Ussak with an indefinite prison term, but dropped that bid once Ussak agreed to the long-term offender designation.

The Crown argues Ussak shouldn't receive the normal double-time credit for the more than four years already served because his criminal history means he wouldn't have been a candidate for early release. The Crown is seeking an additional period of federal custody, which would be followed by the long-term offender designation.

Ussak is expected to ask to be released immediately with a sentence of time in custody when lawyers make closing arguments next week. Ussak's lawyer previously told court his client struggles with an alcohol addiction that sparked his criminal history, which dates back to 1984. Many convictions are for property-related offences, but Ussak has also been convicted of several assaults and has been in and out of jail for much of his adult life.

This article spent very little time dedicated to talking about the mitigating factors, defence lawyer arguments/statements and the accused's background circumstances. 

I would argue that since this man was intoxicated during the commission of the offence, that he could not have formed the required state of mind necessary, under the circumstances. I agree with the long term offender designation, to assist this man and provide support. He has an alcohol addiction and should be required to participate in substance abuse treatment and counseling, upon release from prison.  

Man already sentenced for 2nd degree murder, now pleads guilty to assaulting sex-trade worker

Killer admits to assault on sex-trade worker

A career criminal pleaded guilty to violently attacking a Winnipeg sex-trade worker only days -- or even hours -- before he killed another vulnerable young woman.

Stanton Viner, 52, was sentenced to five years in prison Thursday under a joint recommendation from Crown and defence lawyers. He admitted to choking and trying to rape his victim inside an inner-city drug house after demanding sex from her in exchange for drugs. Another resident of the home stopped the attack after hearing the woman cry for help.

Crown attorney Kusham Sharma told court the victim can't recall specifically what day in July 2007 she was attacked, but it may have been the same day Viner took 35-year-old Aynsley Kinch from the same home and strangled, raped and dumped her in a field on the northwest outskirts of the city.

Viner pleaded guilty to second-degree murder for Kinch's death and was sentenced last week to life in prison with no chance of parole for at least 17 years. Thursday's sentence will run concurrent to his life term, meaning it won't add to his sentence but could make it more difficult for him to get parole.

"Mr. Viner is maybe one of the worst offenders to come before this court," Sharma said.

Police arrested Viner just days after Kinch's killing, due largely to DNA analysis that matched a pubic hair found at the crime scene to him. He was a stranger to Kinch until he met her at the drug house he frequented, where Kinch was getting high that day. Police learned about the earlier sexual assault while questioning potential witnesses about Viner.

Sharma said the first victim was "quite lucky" another person in the home interrupted the attack, which may have spared her from further injury or even death.

Viner's lawyer said his client's life has been troubled from an early age and he's been unable to break the cycle of violence and addiction.

The majority of this article is dedicated to discussing the attacks and the victims. Only one sentence talked about the mitigating factors combined with the accused's background life and circumstances. Seems a little disproportionate to me. I would like to have known more details about his life, his troubles and other mitigating circumstances. This article will likely only cause readers to be sympathetic for the victims and their families, which is a good thing, but fails to offer any sympathy for the accused, when he has gone through life troubles and also deserves sympathy of the public. 

I disagree with 5 years for the aggravated assault. Yes, it was violent, but I am guessing that his actions were driven by his addiction to drugs and were impulsive, not planned and pre-meditated. This man is already serving time in prison for second degree murder, and doesn't need a harsher sentence on top of that. Some prison time is warranted because I believe this man does pose a danger to society, but I disagree with the mandatory minimum sentence for second degree murder of life in prison with no parole for 17 years and I disagree with the 5 years for the assault. For second degree murder, I would have sentenced this man to 7 years, and another 1.5 years for the assault. I do not believe longer sentences are effective as they increase the chances of re-offending when offenders are released and decrease the likelihood of successful reintegration of the offender because they become dependent, institutionalized and influenced by the negative prison environment, subculture and other inmates.  

 

Man sentenced to 5 years for random attack

Random attack nets man 5 years

A judge has sentenced a man guilty of a random, unprovoked knife attack to five years in prison, jumping a Crown recommendation by 20 months.

Steven McIvor pleaded guilty to aggravated assault for a violent, three-on-one attack of a man waiting for a bus.

“This is precisely the kind of incident the public fears because it can’t be predicted or prevented,” said Judge Tracey Lord. “Denunciation and deterrence must be paramount considerations in circumstances such as these.”

Lord adjourned a sentencing hearing last month after saying she was not convinced a 40-month prison sentence recommended by the Crown was sufficient punishment for the crime.

“An attack like this can only be deterred by the consequences received by way of sentences,” Lord said Tuesday.

Court heard McIvor and two youths were looking to rob somebody when they spotted the victim waiting at a Selkirk Avenue bus stop at 7 a.m. on July 5, 2008.

McIvor stabbed the man in the chest and side and one of the youths beat him with an “8-ball” — a sock stuffed with a pool ball.

The victim was taken to hospital in critical condition and came close to death, Lord said.

“All that was ultimately taken from him was his head band,” she said.

McIvor received double-credit for time served, reducing his remaining sentence to 28 1/2 months.

I would like to know more about the defence lawyer's recommendations, arguments and any mitigating factors or information about the accused's background life. This article is biased and favours the Crown. 

I do not agree with 5 years prison. Deterrence should not be a sentencing factor because it is ineffective. Prison does not deter. Most criminals are impulsive and not rational. Most do not consider the consequences of their actions or the possibility of prison. Loner prison sentences increase recidivism and decrease the likelihood of successful reintegration as the individual becomes dependent, institutionalized and negatively influenced by the prison environment and subculture. If I knew the mitigating circumstances, I could propose a reasonable sentence, but unfortunately, this article fails to mention them!  

Angry father targets wrong man in revenge attack, gets 6 years

Wrong man vigilante gets 6 years

A Winnipeg man has been sentenced to six years in prison for an act of "vigilante justice" which ended up targeting the wrong victim.

Irvin Johnston, 46, pleaded guilty Wednesday to break and enter and committing aggravated assault for a July 2008 home invasion that left a 52-year-old man suffering extensive injuries and on permanent disability.

Crown attorney Melinda Murray said Johnston was upset because his daughter said she’d been physically abused by her common law husband. Johnston grabbed an aluminum baseball bat and went looking for the man by bursting into his Mountain Avenue home.

The man wasn’t home – but his father, mother and two young children were, court was told. Johnston then turned his rage on the father, hitting him at least 20 times in the head with the bat.

"This was revenge. He took matters into his own hands. This was vigilante justice which cannot be tolerated in our society. Violence begets violence," said Murray.

The victim suffered a shattered left forearm and fractured left elbow which required surgery and have left him with limited mobility and unable to work. He also had numerous cuts to his head and face, court was told.

"I don’t know why he did this to me. I didn’t do anything to him," the man said in a victim impact statement.

Johnston fled the home and actually bragged to other family members about what he’d done, even telling one relative "you should see him, he’s probably dead."

Johnston has an extensive criminal record dating back to the 1980s, including multiple convictions for violent acts. He apologized for his actions Wednesday, claiming he "didn’t mean to" hurt the victim.

Provincial court Judge Ray Wyant scoffed at the remark, saying Johnston knew exactly what he was doing in a cold, calculated attack against an innocent man.

"What you did was a senseless, violent and frightening act," he said.

Johnston was originally charged with attempted murder, but the Crown agreed to reduce the offence in exchange for his guilty plea.

Johnston has spent more than 22 months in pre-trial custody, which was given double-time credit on Wednesday. That leaves him with just over 27 months left on his sentence.

Vicious attack nets man 6 years
Armed with a baseball bat, Irvin Johnston went looking for the man he believed had assaulted his daughter.
The man wasn’t home when Johnston came knocking in July 2008. But his father was.
Johnston forced his way into the Mountain Avenue house and beat the man so viciously he later told family members “he’s probably dead.”
Johnston, 46, pleaded guilty to break and enter, and aggravated assault. He was sentenced Wednesday to six years in prison.

Johnston’s intended target was his daughter’s boyfriend, his grandchildren’s father.
The 52-year-old victim was taken to hospital suffering head injuries, a broken arm and shattered elbow. In a victim impact statement, the man said he “can’t do anything like I used to do” and now lives on disability.
“I don’t know why he did this to me,” he said. “I didn’t do anything to him.”
Crown attorney Melinda Murray said the victim was “minding his own business” and had no prior relationship with Johnston.
“This is vigilante justice ... and that cannot be tolerated in this society,” Murray said. “Violence begets violence.”
Johnston claimed he had been drinking and “didn’t mean to do what I did.”
Judge Ray Wyant said Johnston knew exactly what he was doing. The attack was “planned and premeditated ... and done with the intention of inflicting grievous bodily harm on anyone who got in your way.”
Johnston got double credit for time served, cutting his remaining sentence to 27 1/2 months.

Vigilante attack with baseball bat brings 6 year sentence
A Winnipeg man has been sentenced to six years in prison for an act of "vigilante justice" which ended up targetting the wrong victim.
Irvin Johnston, 46, pleaded guilty Wednesday to breaking, entering and aggravated assault for a July 2008 home invasion that left a 52-year-old man suffering extensive injuries and on permanent disability.
Crown attorney Melinda Murray said Johnston was upset because his daughter said she'd been physically abused by her common-law husband. Johnston grabbed an aluminum baseball bat and went looking for his son-in-law by bursting into his Mountain Avenue home.
The target of his rage wasn't home -- but the man's father, mother and two young children were. Johnston then set his sights on the father, hitting him at least 20 times in the head with the bat.
"This was revenge. He took matters into his own hands. This was vigilante justice which cannot be tolerated in our society," said Murray.
The victim suffered a shattered left forearm and fractured left elbow which required surgery and have left him with limited mobility and unable to work. He also had numerous cuts to his head and face, court was told.
"I don't know why he did this to me. I didn't do anything to him," the man said in a victim impact statement.
Johnston fled the home and actually bragged to other family members about what he'd done, telling one relative "you should see him, he's probably dead."
Johnston has an extensive criminal record dating back to the 1980s, including multiple convictions for violent acts. He apologized for his actions Wednesday, claiming he "didn't mean to" hurt the victim.
Provincial court Judge Ray Wyant scoffed at the remark, saying Johnston knew exactly what he was doing in a cold, calculated attack against an innocent man.
"What you did was a senseless, violent and frightening act," he said.
Johnston was originally charged with attempted murder, but the Crown reduced the charge in exchange for his guilty plea. He spent more than 22 months in pre-trial custody, for which he was given double-time credit on Wednesday. That leaves him with just over 27 months left on his sentence.

This article is biased. It does not mention any of the defence lawyer`s comments or arguments or anything about the accused`s childhood background and life, or other mitigating factors. The headline of the Sun article "Vicious attack nets man 6 years" is slightly slanted, as it is begging for a public outrage. It gives little details about the reasons for the man`s attack.

I believe 6 years is far too harsh, for aggravated assault. What this man did was wrong and it was definitely revenge, but I understand why he did it, after just learning that his daughter was being abused. That kind of information could make any rational person upset and lose control over their emotions. 

Just because he has violent convictions in the past, does not say much. There could be many mitigating circumstances surrounding those acts that the author decides not to mention. He may not have committed a violent act in a long time and the other acts may have occurred during times of stress, life challenges, etc. The author also fails to mention if this man has been participating in any programs before trial to help improve himself or if he expresses remorse, etc. 

I disagree with the 6 year sentence. Yes this man has past convictions and committed a violent act, but we do not know what the mitigating  circumstances surrounding those were. Clearly, this man has emotion management issues. Prison will not solve those issues, as programs are underfunded and have waiting lists. Also, prison is a negative environment filled with negative influences, pro criminal behaviours and attitudes, gangs and drugs. With the prison subculture, it is nearly impossible for an individual to practice or incorporate anger management skills they may have learned in prison. I believe he should have received a prison term of 2 years, in a minimum security prison or a halfway house, where he could attend community programming regarding emotion management, violence prevention, life skills, communication skills and problem solving skills.

This man does pose some danger to the man for whom the attack was intended for. I feel 6 years is too harsh, but that he does require some form of incarceration, maybe between 2 and 3 years in a minimum security prison, such as Rockwood, where he could attend programming in the community during the day, such as anger management, violence prevention, problem solving skills and counseling and return to the institution in the evening and night. 
 

 

Family fight quickly ended man's freedom from prison

Family fight quickly ended con's freedom

Devon Ducharme spent more than six years waiting to get out of prison -- then took just a few hours to throw his freedom away.

Ducharme, 25, pleaded guilty Wednesday to a vicious October 2009 attack on his aunt that included burning her eyelid with a cigarette and punching out one of her teeth. The incident happened on the same day Ducharme was paroled from Stony Mountain penitentiary after being locked up since July 2003 for crimes including robbery and aggravated assault.

Defence lawyer Saheel Zaman said his client clearly didn't handle his release well. Ducharme arrived home to find his mother, father and aunt partying and drinking and quickly joined in the festivities, despite being ordered by the parole board to abstain from alcohol.

"It's not a good situation. You're cooped up in Stony Mountain, you get released... and come home to find everyone celebrating," Zaman said.

The friendly atmosphere quickly turned sour when Ducharme's aunt began making sexual advances to his father in front of his mother. Ducharme, who had consumed up to 10 beers, began yelling at his aunt for disrespecting her own sister and then hit her. He butted out his cigarette on her eye, then struck her in the face.

"He feels horrible about doing what he did to his aunt," Zaman said Wednesday in court.

He said the victim and Ducharme's mother haven't spoken since that night, creating a rift within the family.

The victim submitted an impact statement to the court in which she spoke of ongoing physical and psychological suffering.

Ducharme is a longtime member of the Indian Posse street gang and has a lengthy criminal record, the judge was told. Ducharme was arrested in July 2003 after a violent armed robbery in which an employee at a North End grocery store was wounded by a shotgun blast.

While those charges were pending, Ducharme and nine fellow gang members brutally attacked their former leader inside the downtown Remand Centre.

Ducharme pleaded guilty to both sets of charges in 2005. He was given a total of six years, less time already spent in custody, for the robbery, and 18 months for the jail assault.

His parole was revoked after his most recent arrest, but his full sentence expired last November.

He has now spent the past seven months in custody without bail and has been held in segregation, prompting Queen's Bench Justice Rick Saull to give him double-time credit of 14 months.

Saull then sentenced Ducharme to another six months in jail. Ducharme had asked to be released immediately.

Saull cited Ducharme's high risk to reoffend and extensive criminal background, which includes "a truckload of breaches."

"He's a seasoned criminal. You're still only 25, so I'm not giving up on you, although I suspect you may have already given up on yourself," Saull said.

Zaman said his client has left the gang life behind and is anxious for yet another opportunity for a fresh start.

I disagree with more prison for this man. He expresses remorse for what happened and has left the gang life. Gangs and drugs and pro criminal attitudes and behaviours are abundant in prisons and he will likely only become more involved in that criminal lifestyle while in prison. It is a negative environment with negative influences which does not encourage or facilitate rehabilitation or reform. Even though this man has an extensive record, I believe he should have been sentenced to a 1 year conditional sentence with substance abuse programming, employment assistance or education, and violence prevention programming. He needs to learn to identify risk factors which lead to violence and then manage them effectively. 

Man who abused wife and daughter, sentenced to 16 months jail

Man sentenced for 'reign of terror'

BRANDON -- A man from western Manitoba is going to jail after conducting a "reign of terror" over his wife and two daughters for years after he suffered a brain injury falling from a roof.

Judge John Combs said Tuesday there's no doubt there's a connection between the injury and the man's "abhorrent" and "sadistic" behaviour.

But the judge rejected defence lawyer Bob Harrison's request for a conditional sentence -- the abuse was too serious for a sentence to be served in the community -- and the judge sent the offender to jail instead.

"To suggest he continually abused his family is an understatement," Combs said.

The man was sentenced Monday for a string of abuse that stretched from April 2002 to September 2005 and included sexual assaults against his daughters and a series of brutal beatings of his wife.

His name and the small Westman town where the offences were committed can't be published because his daughters were youths at the time of the offences.

It was in August 2007 that the daughters and the wife went to RCMP.

The offender pleaded guilty to counts of assault and sexual assault on March 16.

The man was sentenced to 16 months in jail followed by three years' probation.

He'll be registered with the national sex offender registry for 20 years.

I disagree with jail time. This man is not a danger to society, as he only abused family members previously. Prison should only be given to those who need to be incapacitated because they are too dangerous to be in the community. This man does not fit that profile. He should have received a conditional sentence with orders not to have contact with the victims, or to participate in victim offender mediation among other conditions. Also, if he suffered a brain injury which caused his behaviour, he shouldn't be in jail but should be receiving medical and mental help. If that is the case, his actions were not rational. This man suffered from a brain injury, and that can cause chemical imbalances and ineffective functioning. It can cause people to become violence and abusive when they never would have acted in such a way prior to the injury. If there is evidence to show that his behaviour stemmed directly from the brain injury, a sentence of not criminally responsible would make more sense and this man should be receiving mental and medical treatment, as opposed to prison. The conditions in prison could worsen his condition. Brain injuries DEFINITELY impact behaviour. Depending where the injury takes place, it can significantly impair rational thought or even from stopping impulsive behaviour. It can make someone extremely violent without provocation or with very little. A person has no control over this. Their brain is not functioning properly. His violent behaviour was likely not from a predisposition, but stemming from the injury. Hopefully this man can get the help he needs through emotion management and treatment and therapy.

Bail denied for youth arrested in brawl in cemetary

Brawl tied to death

A bail hearing for a youth accused of stabbing a man outside a restaurant two weeks ago is shedding new light on the killing of 17-year-old Frank Green Jr.

Green, who went by Frankie, was found dead in St. Boniface Cemetery on Sept. 12, 2009. He was severely beaten and suffered injuries all over his body.

Police recently arrested five male teens and charged them with second-degree murder.

Green’s death was part of a long-running dispute between two warring factions of teens that, seven months later, continued to generate acts of revenge and violence, Crown attorney Susan Baragar told Judge Michel Chartier during a bail hearing Friday.

Green’s killers allegedly belong to a gang called the Dynamite Crew or East Siders, while Green belonged to a group that called itself the West Siders, Baragar said.

Police surveillance and wiretaps uncovered a continuous pattern of retribution between the groups, including beatings and the shooting of a house.

The Crown is opposing the bail application of a 17-year-old youth arrested following a brawl between members of the two groups, one day after the murder suspects were arrested. The teen is charged with aggravated assault.

Baragar told court seven West Siders — including the accused — had spent the evening of April 17 celebrating the arrests of the murder suspects. The group was capping the night off at a Denny’s restaurant on Sargent Avenue when they saw a member of the Dynamite Crew at another table.

The man left the restaurant and was met outside by another Dynamite Crew member and a 19-year-old man.

“What ensues can only be called a brawl or a rumble,” Baragar said.

During the melee, the 19-year-old man suffered a deep stab wound to his abdomen. The man called 911 before losing consciousness.

“Police described him as being eviscerated,” Baragar said. “His intestines were hanging out and (he) said he could see his liver.”

The man — who spent five days in hospital — could not identify his attacker. But another witness told police the accused admitted stabbing the victim, Baragar said.

Baragar argued the public would be “outraged” if the accused was released on bail.

“It doesn’t take much to see there will be more retaliation coming,” she said. “We have no assurances (the accused) won’t be involved in retaliation if released.”

Defence lawyer Serena Puranen said her client admits wielding a knife that night but argued it’s still unclear if he caused the victim’s injuries.

Chartier will deliver his decision Monday.

Bail denied for youth arrested in brawl
A judge has denied bail to a 17-year-old male arrested in a brawl allegedly sparked by a 2009 homicide.
The youth applied for bail Friday before Judge Michel Chartier. He was arrested April 17 following a brawl outside a Sargent Avenue restaurant.
The youth is accused of stabbing a 19-year-old man in the stomach, sending him to hospital in critical condition.
The Crown alleges the accused was among a group of seven teens who attacked three men they believed had been involved in the killing of 17-year-old Frank (Frankie) Green Jr.
Green was found dead in St. Boniface Cemetery on Sept. 12, 2009. He was severely beaten and suffered injuries all over his body.
Police recently arrested five male teens and charged them with second-degree murder.

Man who stabbed wife and cousin in unprovoked attacks, sentenced to prison

7.5 year sentence handed down in unprovoked stabbings

WINNIPEG - A Winnipeg man was sentenced Friday to 7.5 years in jail after pleading guilty to two counts of aggravated assault and resisting arrest for a brutal attack on his wife and cousin in May 2007.

Larry Brass, 29, admitted he stabbed his spouse in the throat and face, severing a major artery, which caused her to suffer a massive stroke, spend several days on life-support and be left brain-damaged, partially paralyzed are requiring full-time care. Brass also admitted to slicing his cousin's neck and slashing his face as he slept on a couch, causing extensive blood loss and permanent scarring.

He then cut his own arms and throat and begged Winnipeg police to shoot him when they arrived at the West End apartment. Officers were able to wrestle him to the ground without using deadly force. The scene was witnessed by the couple's 12-year-old daughter and Brass' 14-year-old sister.

Brass' will be given double-time credit of six years for the three years he has already spent in custody. he will be eligible for release in six months.  Supervised probation will follow, with conditions to include counselling and a ban on alcohol consumption.

The Crown had sought four more years in prison, while the defence claimed Brass should be released from custody immediately with a sentence of three years time served.

Despite the grisly attack, Brass' wife told the court earlier this month that she has forgiven her husband and hopes to reconcile once he is released from prison.

His probation will also include a condition not to resume living with his wife unless his probation officer gives written consent.  The judge indicated this would provide "one final check" to ensure living with her husband is what the woman "really wants."

The Brass family is no stranger to tragedy. He is the nephew of former Manitoba RCMP Const. Dennis Strongquill, who was gunned down in December 2001 by three heavily armed Alberta fugitives during a seemingly routine traffic stop near Russell. The cousin Brass attacked is Strongquill's son.

Crown wants 4 more years, Brass wants to be released now. 

Severed major artery in wife`s throat and left knife stuck in cousin

Brain damaged wife forgives him for the brutal knife attack 

Judge described attack and scene inside home as mayhem

Brass slashed his own arm and neck and yelled at police to shoot him, had to be tasered. 

Judge describes how Brass, both victims initially all critical, this easily could have been double-murder/suicide. 

Judge: "The attacks were brutal, bloody...the effects devastating." 

Judge: Brass' teen daughter, sister "traumatized", as were police who witnessed carnage. 

Judge describes how wife suffered massive stroke during emergency surgery, family told she likely wouldn’t survive. 

The woman made miracle recovery, but damage permanent. Was a teaching assistant in Winnipeg School Division, dream of being teacher dashed. 

Brass has been in custody 3 years. Crown, defence agree judge can give 2-for-1 credit of 6 years. 

Judge: Recounting defence theory this random attack out-of-character in otherwise "loving relationship", caused by "cocktail" of booze, drug 

FYI, Brass admits consuming both while celebrating wife's 28th birthday hours before attack.

Brass claims to have no memory of attack, no explanation for why he did what he did. 

Brass made "a number of seperate decisions during his rampage" to attack wife, cousin, police.  

Judge: Worth noting he didn't attack teen daughter, sister. Shows he had "some thought process" at time of attacks. 

Judge: Brass a "good candidate" for rehabilitation, has expressed genuine remorse. 

Brass is now 30. Has no prior criminal record. His uncle was murdered Manitoba RCMP Const. Dennis Strongquill. 

[Comment From AndreaAndrea: ]  I grew up with Larry and his wife, known them since grade 7. He was the most genuine, sweetest guy. I cannot even imagine that he could do something like this. So sad.

Brass was working at time of attack as a youth worker for troubled adolescents in Winnipeg School Division program.

Judge: No indication of any prior spousal abuse, problems. Brass described as a "model inmate" during time in custody.  

Judge: "This gives court confidence it has an offender who has recognized his wrongful conduct." 

Judge: Also worth noting the victim wishes to resume contact with Brass. 

Judge: However, all of these positive factors in some ways make this unprovoked, unexplained attack even more troubling. 

Judge: "Mr Brass is luck not to be facing charges of murder or manslaughter." 

Judge: Defence sentencing suggestion not fit. Crown suggestion strikes a better balance. 

SENTENCE - 7.5 years total. Less 6 years pre-trial credit. So, 1.5 years from today. 

POLL: Is a 7.5 year sentence fair in this case.....

                YES: 45% NO should be longer: 50% NO should be shorter: 5% 

Plus supervised probation to follow. Conditions include no booze, domestic/managment/addictions counselling. 

Also, condition not to resume living with wife unless probation officer gives written consent. 

Judge: This provides "one final check" to ensure resuming living with husband is what wife "really wants." 

Judge: "I'm not naive enough to believe happy ending in works...not pessimistic enough to not give it a chance." 

So, Brass has done 3 years. Gets another 18 months from today. Eligible for release 6 months from now. 

Means he could serve as little as 3.5 years total. 4.5 years at most, but almost nobody does full time, especially with no priors. 

Judge, in final words to Brass, tells him not to forget the victims he hurt. "Your responsibility doesn't end here. Just enters new phase."

Inexplicable knife attack left wife with brain damage
A Winnipeg man responsible for an inexplicable knife attack that sent his wife, his cousin and himself to hospital in critical condition has been sentenced to 7 1/2 years in prison.
Larry Brass, 30, received double credit of six years for time already served, reducing his remaining sentence to 18 months.
“The attack was brutal, bloody and the consequences ... devastating,” said Justice Robert Dewar.
Brass previously pleaded guilty to two counts of aggravated assault and one count of obstruction of justice in connection with the May 5, 2007, rampage.
Court heard Brass and his family spent the previous night celebrating his common-law wife’s 28th birthday, during which time Brass consumed alcohol, cocaine and ecstasy.
Brass, his wife and cousin returned to the couple’s Wolever Avenue apartment around 6 a.m.
A short time after going to bed, Brass was heard yelling at his wife and choking her. Brass retrieved a steak knife from the kitchen, returned to the bedroom and stabbed the woman in the face. He then moved to the living room where he stabbed his sleeping cousin in the face, neck and arms.
Brass then returned to the bedroom and stabbed his wife several more times in the face and neck, severing her carotid artery.
Brass’ 12-year-old daughter and 14-year-old sister witnessed the attacks and called 911 after barricading themselves in their room.
Police arrived to find Brass sitting outside the room with serious self-inflicted stab wounds. Court heard he advanced on officers with a knife and was shocked with a Taser.
Brass said he had no explanation for the attack, which left both of his victims suffering permanent and debilitating injuries. Brass’ wife suffered a stroke during surgery and serious brain damage. She has no memory of the attack.
Brass had never been in trouble with the law and was by all accounts a loving husband and father, said his lawyer Greg Hawrysh.
Hawrysh argued Brass appears to have been in a state of “excited delirium” and unaware of his actions.
Court heard Brass and his wife want to renew their relationship after he has finished his sentence.
Dewar sentenced Brass to an additional two years supervised probation, which includes a condition Brass and his wife not live together without the permission of his probation supervisor.

I completely disagree with the 7.5 year sentence. Good thing double time was taken into account so now he only has to serve 1.5 years with 3 years probation, which is much better. Getting tough on crime is not effective!! When will people learn this!! Longer sentences do absolutely nothing to deter or reduce crime. Justice to me, does not mean punishment, revenge or retribution. I think we need to shift our justice system to one based on restorative justice and rehabilitation. 

  

This man had no prior record, was unaware of his actions which were likely caused by drugs and alcohol, was a loving and supportive father and husband, expressed genuine remorse for his actions, and had already spent 3 years in custody. He was also employed in a job where he was helping and counseling youth in the school division. There was no evidence of domestic abuse in the household. I think these are all very relevant mitigating factors, which were not properly considered by this judge. In my opinion, this man should have been released with a 3 year probation order, and no more prison. Really, how is prison going to help this man... It wont. 

This man is an excellent candidate for rehabilitation and could really benefit from counseling, drug and alcohol treatment, and especially from victim-offender mediation with his family, as part of restorative justice. If his wife wants to resume living with him and forgives him and the man shows remorse, I think mediation could be extremely effective for them both to be involved in the justice process where the man could learn how his actions have truly impacted his family and to help repair the harm done and restore their relationships. This man has a family and needs to support them. I DO NOT think prison is suitable for him, as he is not likely a risk to re-offend and is not dangerous. He is a first time offender and should not have been sentenced this harshly. 

Mitigating Factors	Aggravating Factors
Pleaded guilty	Unprovoked stabbing on wife and cousin
Accepted Responsibility for Actions	2 counts of aggravated assault
Intoxicated (Alcohol, Ecstasy, Cocaine)- possibly unaware of his actions	Left wife partially paralyzed and cousin with permanent scarring
Deep remorse (offered tearful apology)
No prior criminal record/never been in trouble with the law previously
Loving husband and father

Two female teens plead guilty to their roles in the random killing of a woman

Teens plead guilty in deadly, random beating

WINNIPEG - Two teen girls have pleaded guilty to their roles in the random killing of a Winnipeg woman, a case that police have called one of the worst crimes in recent memory.

The pair, who were 14 at the time of October 2006 attack, will be sentenced later this spring after admitting today to second-degree murder. The Crown has agreed not to seek an adult sentence against them.

Audrey Cooper was beaten until she was unrecognizable, stripped and then urinated on by a group of laughing teens who tossed loose change on her body as they fled.

"That’s all she’s worth," one of them later told police.

Cooper, 34, suffered 64 separate injuries in the unprovoked attack, including seven broken ribs, a lacerated liver, swelling that shut both of her eyes and bleeding on the brain.

A 12-year-old girl involved in the attack has already pleaded guilty to manslaughter and was given the maximum sentence of three years custody and supervision. A boy who was 15 at the time remains before the courts.

I would like to know any mitigating factors against these teens, their background life history and their lawyer's arguments. This article focuses too much on the victim and not enough on the offenders. 

I am glad that an adult sentence is not being sought!