Gang member sentenced to 10 years for assault

Gang member chooses 10 year sentence

Other option of dangerous offender label

A street gangster with a long history of violence agreed to be sentenced Thursday to 10 years in prison rather than face the prospect of being designated a dangerous offender.

Indian Posse member Marcel Charlette, 38, pleaded guilty to assault causing bodily harm in connection with a January 24 incident that left the 19-year-old female victim suffering a broken jaw.

If Charlette had been labelled a dangerous offender he could have been held in custody until justice officials deemed it safe to release him.

Crown attorney Cindy Sholdice told court he meets all the criteria of a dangerous offender.

Weaknesses in the Crown’s case resulted in a plea bargain that saw the Crown stay a charge of sex assault cause bodily harm. Charlette pleaded guilty to a reduced charge of assault causing bodily harm and agreed to the maximum sentence of 10 years in prison.

Charlette and another man were arrested after a woman told police she had been raped at a Selkirk Avenue rooming house. The victim said she was walking home from a bar on Main Street when she was jumped and dragged to a Selkirk address.

“At the residence, she said there was a camera and (Charlette) had a folding knife and told her to smile for pictures and if she didn’t he would stab her,” Sholdice said.

When the second man left the suite to have a shower, Charlette pulled off the victim’s shirt, beat her and raped her, she told police. She said she escaped after Charlette passed out beside her.

When arrested, Charlette admitted assaulting the woman but said she came to his suite willingly and that the sex was consensual.

Police reviewed a security tape of a Main Street hotel that showed the victim and her aunt socializing with the two men and leaving the hotel at the same time, Sholdice said.

Investigators sought out the victim’s aunt weeks later but by that time she had committed suicide, Sholdice said.

In 1990, Charlette was sentenced to six years in prison for killing a two-year-old boy. He was 17 at the time but sentenced as an adult. Charlette was later convicted of assaulting the boy’s grandmother a day before the killing and sentenced to six months.

Charlette was on statutory release when he beat a woman and left her lying unconscious in the snow. The woman was found with her pants unzipped and pulled down. She refused a sexual assault examination.

Charlette was convicted in 1996 of aggravated assault and sentenced to 3 1/2 years in prison.

I would like to know more about this man's background, defence lawyer statements and more about the situational circumstances surrounding his previous crimes. This article is biased as it fails to mention any of these things. 10 years is far too harsh for assault, in my opinion. 

Attack outside Winnipeg club nets gang member 4 years

Attack outside Winnipeg club nets gang member a nearly 5 year sentence

WINNIPEG - The first mistake the former treasurer of a city gang made was beating a man outside an Exchange District nightclub. His second error was working with Zig Zag crew members to get potential witnesses to lie about what happened – all while police had tape rolling.

Corey Lee Gingera, 33, was in court Friday on charges stemming from a beating outside the Alive in the District nightclub in January 2009.

He was sentenced to 59 months in prison on charges of assault causing bodily harm, conspiracy to participate in a criminal organization, conspiracy to launder proceeds of crime, and counselling others to obstruct justice. Gingera will do a total of 51 more months in prison due to credit for time he’s already served. He’ll also have a lifetime weapons prohibition and must provide DNA.

Police surveillance video nailed Gingera for conspiring with fellow Zig Zag crew members regarding ways to get club staff to give inaccurate statements to police about the assault, which left the victim with a broken eye socket and other injuries.

What Gingera didn’t know is that police recorded his meetings with Zig Zag crew members with the help of an undercover agent, and the club had video surveillance which captured him participating in the group attack.

Crown prosecutor Chris Mainella said Gingera’s attempt to conspire with others to obstruct justice was part of Project Divide, one of the largest undercover police operations in the province’s history.

Gingera was also sentenced for conspiring with the gang to launder proceeds of crime and for trying to recruit new members to the Zig Zags, a puppet club for the Hells Angels. Mainella said there was a "constant need" for the Zig Zags to recruit new members to keep up with their criminal enterprises.

"The work is dangerous," he said, adding a number of gang members are "maimed and killed" in the course of their gang lifestyle.

Court of Queen’s Bench Justice Colleen Suche said she hoped Gingera would use his time behind bars to improve himself.

Gingera is the fifteenth person to be sentenced in connection with Project Divide. Thirty-three suspects were arrested and charged in the operation.

I disagree with 4 years prison time for this man. Prisons are the schools of crime filled with negative influences, pro-criminal attitudes and behaviours, drugs, gangs and the prison subculture. This man will likely only become further entrenched in the gang lifestyle through prison. Rehab programs have long waiting lists and are not as well designed as community programs. Often, inmates are released with no rehabilitation, life skills, assistance or support. I believe that some prison time is warranted for this man, due to the nature of the attack, but not 4 years. I believe he should have received a sentence of 2 years less a day in provincial prison combined with a conditional sentence. 

Abusive mother was abused herself -- Daughter wants to be reunited

Girl yearns to be reunited with abusive mom

A 10-year-old girl placed in foster care after being abused by her mother has written a letter to Manitoba justice officials asking for her fractured family to be reunited.

Crown attorney Debbie Buors read the girl's handwritten plea aloud at the mother's sentencing hearing Monday. The 30-year-old woman -- who can't be named to protect the victim -- admits to shoving the girl down a flight of stairs when she was six years old, breaking her leg. There were also reported incidents of hitting the girl with a belt and wooden spoon, and locking her in a closet while they were living on their reserve north of Winnipeg.

The woman was given a conditional two-year sentence under a joint recommendation from Crown and defence lawyers.

"There were no good things, only bad things. I felt scared, sad and not loved," the girl's letter begins.

"It hurts to write these things. It brings back bad memories."

But her tone quickly changed as the girl described being seized by Child and Family Services, along with her five siblings between the ages of four and 13 who have been placed in different foster homes.

"I miss my brother and sisters. I wish my mom could be better. We just want to live with each other," she wrote. "I love her with all my heart, and I miss her. I wonder why she did this to me?"

The two-page letter ends with a large drawing of a heart with the words "I love my Mom" written beneath it.

Defence lawyer Dan Manning told court the mother was victimized as a child and continued the cycle of abuse. The problems began when the woman got into a relationship with a violent alcoholic who would regularly attack her and the children.

Originally, the father was investigated for hurting the girl. He pleaded guilty to charges and spent time behind bars. After he was released, the girl recanted part of her statement and blamed her mother for some of her injuries.

Manning said the mother "just snapped" on the day she shoved the girl down the stairs. She was frustrated because her children were taking too long to get ready for school and were going to miss their bus.

"She tells me she was just terrified and overwhelmed with guilt," Manning said.

The mother has been taking several anger management and parenting classes while attending alcohol treatment since her arrest in 2007, court was told. She has been free on bail but recently suffered a major setback when she was arrested for impaired driving. Those charges remain before the courts.

Buors said the Crown agreed to a conditional sentence because of conflicting statements the girl gave to police about what was done to her and by whom. They also wanted to spare her the trauma of having to testify against her mother.

"I would just like to better myself and pray that my daughter forgives me," the woman told court Monday. The Crown agreed the mom could have supervised visits with her daughter.

"She wants to start the healing process," Manning said.

I have compassion towards this mother as she was abused herself and "snapped" on her daughter. She is truly remorseful for what she has done and has been taking anger management, parenting classes and alcohol treatment. I completely agree with the conditional sentence for this mother and hope that the family is reunited someday. This woman should continue attending anger management, alcohol treatment and parenting classes and should also be receiving counseling for her past abuse. I also feel sorry for the little girl, that she hasn't seen her siblings or her mother. Siblings in care of CFS should be kept together, as they can help each other cope. CFS should begin with supervised and scheduled visits between the daughter and her mother and then in the long run, the children should be able to return to their mother. There would have been no purpose in imprisoning this woman and she is not a danger to society and needs help.  The girl, her siblings and mother should have regular and frequent visits and outings in the community, like to the park or special family events. The children should also be paired up in foster homes if possible.

Glad to see that the mother is really trying. She will have slips and falls so if the girl goes back, CFS will need to monitor this and support the family.

It goes to show that no matter how a parent mistreats a child, most will still love them. That is why it is imperative we have supports in place and availalbe to help broken homes. They are all in pain and suffering, especially the children. the whole family needs help so that they can grow into healthy adults and be great parents themselves. The cycle needs to be broken. The CFS system still needs to find ways to keep children together, I have heard it time and again, let the parents leave and let the children stay in the home. Then parents can get the help they need. People with addictions take three or four tries before they can control their addiction - not making an excuse for them but that is the reality. workers that judge parents also deter healing and there are many that do especially since many workers come from well off families. 

Glad to see that the mother is really trying. She will have slips and falls so if the girl goes back, CFS will need to monitor this and support the family.

It goes to show that no matter how a parent mistreats a child, most will still love them. That is why it is imperative we have supports in place and availalbe to help broken homes. They are all in pain and suffering, especially the children. the whole family needs help so that they can grow into healthy adults and be great parents themselves. The cycle needs to be broken. The CFS system still needs to find ways to keep children together, I have heard it time and again, let the parents leave and let the children stay in the home. Then parents can get the help they need. People with addictions take three or four tries before they can control their addiction - not making an excuse for them but that is the reality. workers that judge parents also deter healing and there are many that do especially since many workers come from well off families. 

Man gets conditional sentence for alleged racist attack on neighbour

Reservist gets conditional sentence for attack on neighbour

A Canadian Forces reservist has been given a six-month conditional sentence for a race-based attack against his elderly neighbours.

Joseph Zielinski, 49, had been seeking a discharge which would have spared him a criminal record. But provincial court Judge Michel Chartier said Wednesday the disturbing 2007 incident called out for stiffer sanctions. He said Zielinski can remain in the community under certain conditions, including a curfew..

"The consequences of (Zielinski's) actions are clear. He has caused both physical and emotional distress to the victim," Chartier said in handing down his decision.

Zielinski had claimed at trial he was the victim of bogus allegations, but Chartier found his version of events "was void of reason or sense" in convicting him of last month of assault causing bodily harm.

Neurologist Dr. Francis Dominique, 73, and his wife, Vydha, 76, told court how Zielinski leaped over the fence separating their Tuxedo homes and launched into a violent rage. Several other area residents have reported similar attacks from Zielinski, who moved into the neighbourhood nine years ago with his wife and son.

The dispute that landed in court began when the Dominiques had large trees removed and branches and needles fell into Zielinski's yard. The couple -- who are originally from Trinidad – say Zielinski grabbed a leaf blower and shot the debris back towards them. They say he pulled a similar stunt the previous winter by spraying snow into their yard.

The Dominiques said Zielinski ignored their demands to stop and threatened them instead, hurling several racial slurs in the process.

Zielinski then entered their yard and jumped on Francis Dominique -- kneeing and punching him, court was told. His wife picked up a small stick and hit Zielinski but because of her limited mobility, which includes walking with a cane, she was unsuccessful in driving him off. She went back towards the house and called for help. Zielinski eventually got off her husband and returned to his yard. She said her husband was bleeding from the nose and had an injury to his groin.

Zielinski told a much different story. He claims it was the doctor who went on a verbal tirade, then grabbed a large stick and began poking him through the fence. Defence lawyer Ed Murphy produced several photographs in court that show scratches on Zielinski's neck and chest.

Francis Dominique gave a victim impact statement to the court Wednesday, saying he continues to suffer physical and emotional injuries from the attack. Zielinski is employed with Canadian Forces 17 Wing but has apparently been on leave, court heard.

6 months house arrest for neighbour attack
A Winnipeg man has been sentenced to six months house arrest following a racially charged assault against his neighbour.
Joseph Zielinski, 49, was convicted of one count of assault causing bodily harm following a trial earlier this year.
The Tuxedo resident was found guilty of attacking his then 73-year-old neighbour, neurologist Dr. Francis Dominique, following an argument in their adjoining backyards.
Court heard Zielinski jumped over a fence separating the yards and attacked Dominique from behind, knocking him to the ground. Zielinski grabbed Dominique by the groin, punched him several times in the chest, and called him "sand n....." The attack only ended when Dominique's wife Veyda ran to the house to call police.
Judge Michel Chartier rejected a defence recommendation Zielinski receive a conditional discharge. Chartier said the attack against a much younger, vulnerable victim demanded a custodial sentence, but agreed Zielinski could serve it in the community.
Dominique told court he continues to suffer back pain and difficulty with his leg following the attack. He said his wife now fears going into their backyard or being alone in their house.
"The consequences of (Zielinski's) actions are clear," Chartier said. "He has caused both physical and emotional distress to the victim."
At trial, Zielinski claimed Dominique fabricated the assault allegations because he didn't like him as a neighbour.
Zielinski offered no words of apology in court Wednesday.
Zielinski and Dominique remain neighbours.

Race-based attack on neighbour results in conditional sentence
A Winnipeg man convicted of a race-based attack on his elderly neighbours will be confined to his house for the next six months.
Joseph Zielinski, 49, was given a conditional sentence Wednesday, which includes a 24-hour curfew. There are a few exceptions, including being allowed to leave to perform 150 hours of court-ordered community service.
Zielinski had been seeking a discharge which would have spared him a criminal record. But provincial court Judge Michel Chartier said the disturbing 2007 crime called out for stiffer sanctions.
"The consequences of (Zielinski's) actions are clear. He has caused both physical and emotional distress to the victim," Chartier said.
Zielinski had fought the case at trial, claiming he was the victim of bogus allegations. But Chartier found his version of events "was void of reason or sense" in convicting him of last month of assault causing bodily harm.
Neurologist Dr. Francis Dominique, 73, and his wife, Vydha, 76, told court how Zielinski leaped over the fence separating their Tuxedo homes and launched into a violent rage.
The dispute that landed in court began when the Dominiques had large trees removed and branches and needles fell into Zielinski's yard. The couple -- who are originally from Trinidad -- say Zielinski grabbed a leaf blower and shot the debris back towards them. They say he pulled a similar stunt the previous winter by spraying snow into their yard. The Dominique's said Zielinski ignored their demands to stop and threatened them instead, hurling several racial slurs in the process.
Zielinski then entered their yard and jumped on Francis Dominique -- kneeing and punching him, court was told. His wife picked up a small stick and hit Zielinski but because of her limited mobility, which includes walking with a cane, she was unsuccessful in driving him off. She went back towards the house and called for help. Zielinski eventually got off her husband and returned to his yard.

Ideally, I feel that this man should have received a conditional discharge, where he would still be subject to conditions, but would not have a criminal record. But a conditional sentence is the next best option. He claimed that the couple was also racist towards him and had similar allegations against them, as they did for him. I am definitely glad that he was not sentenced to prison though! That is a positive! Prison would serve no purpose for this man because he is not dangerous and is not a risk to public safety. Therefore, he does need to be incapacitated. Prison is a negative environment with negative influences and underfunded programs. Prisons are the schools of crime and turn non violent offenders into more hardened criminals.This man should seek counselling or an anger management program. 

Man found guilty in race-based attack against neighbour (Blog Post)

Was this an assault.. He should be acquitted (Blog Post)

Guimond gets conditional sentence for failing to provide the necessities of life

Guimond gets house arrest in nephew`s death

Shirley Guimond will not serve any more jail time for the death of her two-year-old great nephew Gage.

Guimond, 55, will serve an 18-month conditional sentence in the community, Judge Lee Ann Martin ruled this morning.

The sentence includes an absolute curfew for the first year and a 10 p.m. curfew for the remaining six months. Guimond's sentence is to be followed by three years supervised probation.

Gage Guimond died in July 2007 after falling from a high chair and down a flight of stairs. Shirley Guimond was originally charged with manslaughter but pleaded guilty last November to failing to provide the necessities of life.

Gage and his three-year-old sister had been in the custody of Sagkeeng Child and Family Services before they were placed in Guimond's care in June 2007. In the weeks prior to Gage's death, Guimond -- who was also caring for her 13-year-old grandson -- repeatedly assaulted the two young children.

Guimond pleaded guilty in November to assault causing bodily harm and was sentenced to 68 days time served plus three years supervised probation.

At a sentencing hearing last April, Guimond's lawyer Saul Simmonds argued Sagkeeng CFS foisted the children on Guimond against her wishes.

"She was not out there asking to be a foster parent," Simmonds said. "CFS came to her. Her position was she was clearly not prepared for that task."

Simmonds alleged CFS removed the children from the home of loving foster parents and placed them in Guimond's care for "political" reasons.

"This is not an isolated incident from their perspective," he said.

On the day Gage was fatally injured, Guimond had been out shopping with the three children and needed to use the washroom when they got back home. She placed the boy in a backless high chair adjacent to the basement stairs and ran to the washroom. When Guimond returned, Gage had fallen down the stairs, critically injuring himself.

Guimond called 911 and Gage was rushed to hospital where he died several days later.

Aunt sentenced in death of toddler

A judge has sentenced a Winnipeg woman to 18 months of house arrest for her role in the death of her two-year-old great nephew.
Shirley Guimond was convicted of failing to provide the necessities of life to Gage Guimond, who died in July 2007 after falling down a flight of stairs.
The toddler had been in the care of Child and Family Services for more than a year after his birth mother voluntarily gave him up.
He initially lived with his grandmother and then with a foster family before being placed in the home of Guimond, a distant relative, six weeks before his death.
Guimond pleaded guilty in November 2009 to failing to provide the necessities of life.
'God will eventually decide Shirley's fate. We obviously can't rely on Manitoba's legal system.'—Natasha Guimond, Gage Guimond's mother
Gage's mother is outraged that Guimond will not spend any time behind bars.
"It's just saying that it's OK to kill an innocent child because they can't be here to defend themselves," Natasha Guimond said as she cried outside court.
"God will eventually decide Shirley's fate. We obviously can't rely on Manitoba's legal system."

Boy routinely beaten
Sentencing submissions were heard in April. During that time, court was told Guimond frequently slapped, punched and kicked Gage.
Court also heard that in July 2007, Guimond put the boy on a chair near the top of some stairs after coming home from a shopping trip and running to the bathroom. The toddler fell down the stairs, hit his head, went into a coma and later died in hospital.
His death sparked anger in the community after an internal review found that child welfare workers did not properly assess Guimond's home.
Gage and another child were placed with his great-aunt in the summer of 2007, despite the fact that she had a criminal record and did not ask to take care of the children.
Guimond was previously convicted of assault causing bodily harm for hitting the child and was sentenced last fall to time served after spending 68 days in custody. Tuesday's sentence was on one count of failing to provide the necessities of life and focused only on the fall that killed Gage.

Pressured into taking foster kids
At the April sentencing hearing, Guimond's lawyer Saul Simmonds told court the Manitoba child-welfare system should be "in the box" along with his client, referring to the prisoner's box where the accused sits in court.
He suggested she was pressured into accepting the kids and that the system strives to keep aboriginal foster children with relatives or in aboriginal homes — even if those homes are not safe.

Shirley Guimond had suffered physical and sexual abuse since she was eight years old, Simmonds said, and was in no position to take up foster care. She had "borderline intellectual capacity," according to a medical expert.
Simmonds asked for 18 months of house arrest for Guimond.
The Crown was seeking a two-year jail sentence, but provincial court Judge Lee Ann Martin on Tuesday called Guimond's actions "bad judgment in a moment of haste."
Guimond did call 911, the judge noted, and tried to resuscitate the toddler.
"She has also accepted responsibility for his death and expressed her remorse," Martin said.
Guimond will also have three years of supervised probation and is prohibited from owning a weapon for five years.

Case helped change to foster care
Gage's death was one of several cases that raised questions about the Manitoba government's move to hand over care of aboriginal foster children to native-run regional authorities.
Critics said too much emphasis was placed on cultural concerns at the expense of safety.
The controversy prompted the NDP government in 2008 to change its legislation to specify that a child's safety is given higher priority than cultural or family ties.
Gage's death followed the high-profile case of Phoenix Sinclair, a five-year-old girl who spent most of her life in foster care and was killed after child welfare workers returned her to her mother.
Samantha Kematch and her boyfriend were convicted of murdering the girl in the basement of their home on the Fisher River reserve north of Winnipeg following months of abuse and neglect.

Guimond`s aunt given conditional sentence
Shirley Guimond, the woman charged in connection with the death of her two-year-old great-nephew, was handed an 18-month conditional sentence today for failing to provide the necessities of life. She will also serve three years of probation.
Gage Guimond died in July, 2007 after being placed in Guimond's care. His death allegedly came after he was placed in a high chair at the top of a flight of stairs and he tumbled down.
Gage and his sister had been removed from a loving foster home, placed with a grandmother who didn't want them, and finally given to Shirley Guimond. She had never previously met the children. In the course of their stay, she made at least two desperate calls to CFS, asking for help.
Premier Greg Selinger says he is disappointed with the 18-month conditional sentence handed today to Shirley Guimond in the death of her great-nephew, Gage.
Selinger expressed the sentiment in the legislature in response to a question by Conservative Leader Hugh McFadyen, who asked the premier if he agreed that a little boy’s life was more valuable than what was reflected in the judge’s sentence.
"This decision that was made by the courts is one that we’re obviously disappointed in," Selinger said. "Gage Guimond lost his life tragically. We really believe that the recommendation of the Crown to have jail time would have been appropriate in this case, and of course the Crown will be taking this decision under review and deciding what next steps they wish to take."
Last November, Shirley Guimond pleaded guilty to assault cause bodily harm for injuries both Gage and his sister suffered. She also pleaded guilty to failing to provide the necessities of life to Gage when he fell down the stairs in July 2007.
A judge said Guimond would do no further time in jail for the assault charge, after giving her double credit for 68 days she'd already spent behind bars.
Her sentence today was for two counts of failing to provide the necessities of life.
Gage's death was one of several that prompted demands for change in Manitoba's troubled child welfare system. The province devolved authority to aboriginal agencies in 2003, with a focus on keeping aboriginal kids, who make up the vast majority of those in care, with either relatives or in homes with an aboriginal culture.
After Gage's death, Family Services Miniwster Gord McIntosh said the safety of children should be paramount.

It was poor judgment -- no more jail time for woman in toddler`s death
Shirley Guimond will not serve any more jail time for the death of her two-year-old great nephew Gage.
Guimond, 55, will serve an 18-month conditional sentence in the community, Judge Lee Ann Martin ruled Tuesday.
The sentence includes an absolute curfew for the first year and a 10 p.m. to 6 a.m. curfew for the remaining six months. Guimond’s sentence is to be followed by three years of supervised probation.
The Crown and defence jointly recommended Guimond be sentenced to two years less a day. Guimond’s sentence is in addition to three months she has served at double credit.
Gage Guimond died in July 2007 after falling from a high chair and down a flight of stairs. Shirley Guimond was originally charged with manslaughter but pleaded guilty last November to failing to provide the necessaries of life.
“It is apparent ... there are many individuals who are saddened and dismayed by Gage’s death and the circumstances leading up to it,” Martin wrote in a 14-page decision. “There are no words ... that can change what happened and bring Gage back.
“This court can only comment on the profound senselessness of it all. To lose a young boy who was described as such a likeable and loving child is truly devastating.”
Gage and his three-year-old sister were in the custody of Sagkeeng Child and Family Services before they were placed in Guimond’s care in June 2007. In the weeks prior to Gage’s death, Guimond, who was also caring for her 13-year-old grandson, repeatedly assaulted the two young children.
She pleaded guilty in November to assault causing bodily harm and was sentenced to 68 days time served plus three years supervised probation.
At a sentencing hearing last April, Guimond’s lawyer Saul Simmonds argued Sagkeeng CFS foisted the children on Guimond against her wishes.
“She was not out there asking to be a foster parent,” Simmonds said. “CFS came to her. Her position was she was clearly not prepared for that task.”
Guimond “reluctantly” agreed to care for the children but was asking CFS to take them back after two weeks, Simmonds said.
On the day Gage was fatally injured, Guimond was shopping with the three children and needed to use the washroom when they got back home. She put the boy in a backless high chair adjacent to the basement stairs and ran to the washroom. When Guimond returned, Gage had fallen down the stairs, critically injuring himself.
Guimond called 911 and Gage was rushed to hospital where he died several days later.
“These facts ... are quite frankly facts indicative of poor judgment in a moment of haste,” Martin said.
Martin said Guimond’s assaults on Gage were not a factor in his death.
“Though there had been instances of ‘over-correction’ in the month preceding this incident, the ‘over-correction’ did not lead to Gage’s death and in fact is not related to it,” he said.
When asked in question period Tuesday whether the Crown might appeal the sentence, Premier Greg Selinger said his government did not agree with the judge’s decision.
“This decision that was made by the courts is one we were obviously disappointed in,” Selinger said, adding the Crown is now reviewing the decision in order to decide whether to appeal.

I completely agree with a conditional sentence and probation. This woman should also receive abuse counseling and participate in emotion management programs. The death was unintentional and she called 911 and tried to revive the child, which demonstrates her caring nature. This woman is not dangerous or violent and therefore, jail would not be warranted. It would not have helped her in any way and she would have likely been negatively influenced by prison. This was a mistake which could happen to anybody. This woman had suffered from physical and sexual abuse as a child and that can often to chemical imbalances in the brain. Many people who abuse others, have been abused themselves as children. People who have been abused themselves, should not be in prison. That will likely only worsen their condition and mental state. Guimond`s biological mother was upset about what happened, but she could have very well taken care of her own child. We need to fix the CFS system and do more background checks on potential foster parents to be sure the home environment is safe. I agree though, that aboriginal children should have aboriginal foster parents, to maintain their culture and traditions but the parents need to be deemed "fit" to care for foster children. If the mother was not able to look after her own child, she should not be complaining when something bad happens. The CFS agency, the worker and the mother are to blame. This mother should have accepted responsibility for her own child. CFS should have never placed the child in Shirley`s care, because she clearly did not want to care for more children, yet they forced it upon her.    

Sentencing date set for Guimond

Man found guilty of assault in a race-based attack on neighbour

Neighbours applaud conviction in race-based attack

RESIDENTS of a Winnipeg neighbourhood are declaring victory against hate after a Canadian Forces reservist was convicted of a racial attack against an elderly couple.

Joseph Zielinski, 49, had pleaded not guilty to assault causing bodily harm, claiming he was the victim of bogus allegations. But provincial court Judge Michel Chartier disagreed Tuesday, saying the accused's version of events "was void of reason or sense."

Neurologist Dr. Francis Dominique, 73, and his wife, Vydha, 76, told court how Zielinski leaped over the fence separating their Tuxedo homes and launched into a violent rage in May 2007. Several other area residents have reported similar attacks from Zielinski, who moved into the neighbourhood nine years ago with his wife and son.

"We're taking our streets back, one day at a time. There's no place for this," said Richard Swyston, who was in court Tuesday to show support for his neighbours. He said the area is filled with people of all ethnic backgrounds who have grown tired of being tormented. He applauded the justice system for helping them take a stand.

"The message is you can't do this. We're going to stand up, to not let this happen to us anymore," said Swyston, who claims Zielinski has repeatedly called him an "(expletive) Jew."

The dispute that landed in court began when the Dominiques had large trees removed and branches and needles fell into Zielinski's yard. The couple -- who are originally from Trinidad -- say Zielinski grabbed a leaf blower and shot the debris back towards them. They say he pulled a similar stunt the previous winter by spraying snow into their yard.

The couple says he ignored their demands to stop and threatened them instead, hurling several racial slurs in the process.

"He told us to go back where we came from. He said he would come over and beat our old asses," Vydha Dominique testified.

Zielinski then entered their yard and jumped on Francis Dominique -- kneeing and punching him, court was told. His wife picked up a small stick and hit Zielinski but because of her limited mobility, which includes walking with a cane, she was unsuccessful in driving him off.

"I was scared he was damaging my husband. He could have died, anything could have happened. I was scared," she testified. The woman said she went back towards the house and called for help. Zielinski eventually got off her husband and returned to his yard. She said her husband was bleeding from the nose and had an injury to his groin.

Zielinski told a much different story. He claims it was the doctor who went on a verbal tirade, then grabbed a large stick and began poking him through the fence. Defence lawyer Ed Murphy produced several photographs in court that show scratches on Zielinski's neck and chest.

"He started to taunt me, motioning for me to do something about it. At one point, he picked up a log and threw it towards me, but I think it hit the top of his fence and fell back into his yard," said Zielinski. He said he never taunted the couple with racist terms, never left his yard and never laid a hand on the doctor.

"His evidence... has no air of reality. He comes across as flippant and unreasonable," Chartier said Tuesday in reading his verdict.

Zielinski is employed with Canadian Forces 17 Wing but has apparently been on leave, court heard. He will be sentenced June 2 and is free on bail.

Man found guilty of assaulting elderly neighbour

WINNIPEG--A Canadian Forces reservist has been found guilty of a violent attack against his elderly Winnipeg neighbour.

Joseph Zielinski, 49, had pleaded not guilty to assault causing bodily harm, claiming he was the victim of bogus allegations. But provincial court Judge Michel Chartier disagreed Tuesday, saying the accused’s version of events "was void of reason or sense."

Zielinski will be sentenced June 2. He remains free on bail.

Neurologist Dr. Francis Dominique, 73, and his 76-year-old wife, Vydha, told court earlier this year how Zielinski leaped over the fence separating their homes and launched into a violent rage in May 2007.

The dispute began when the Dominiques had some large trees removed and branches and needles fell into Zielinski's yard. The couple -- who are originally from Trinidad -- say Zielinski grabbed a leaf blower and shot the debris back toward them. They say he pulled a similar stunt the previous winter by spraying snow into their yard.

The couple say he ignored their demands to stop and threatened them instead, hurling several racial slurs and threatening to beat them.

Zielinski then entered their yard and jumped on Francis Dominique –  kneeling on his thighs and punching his chest, court was told. His wife picked up a small stick and hit Zielinski but because of her limited mobility, which includes walking with a cane, she was unsuccessful.

"I was trying to hit him on the back, to get him away from him," she said. "I was scared he was damaging my husband. He could have died, anything could have happened. I was scared."

The woman said she went back towards the house and called for help. Zielinski eventually got off her husband and returned to his yard. She said her husband was bleeding from the nose and had an injury to his groin.

Zielinski told a much different story. He claims it was the doctor who went on a verbal tirade, then grabbed a large stick and began poking him through the fence. Defence lawyer Ed Murphy produced several photographs in court that show scratches on Zielinski's neck and chest.

"He started to taunt me, motioning for me to do something about it. At one point, he picked up a log and threw it towards me, but I think it hit the top of his fence and fell back into his yard," said Zielinski. He said the doctor threw leaves and small sticks at him. Zielinski said he never taunted the couple with racist terms, never left his yard and never laid a hand on the doctor. He videotaped a subsequent incident that captured the doctor yelling racial epithets. The footage was shown in court.

Dominique said he regrets his reaction to the incident, which was based on his frustration with the ongoing taunting. A handful of neighbours reported having verbal disputes with Zielinski, who moved into the neighbourhood nine years ago with his wife and son. None of the neighbours was called to testify.

The Dominiques say they have built a higher fence, installed a security camera and purchased a dog because they fear for their safety

Zielinski is employed with Canadian Forces 17 Wing.

Was this an assault? Dont think so

This case was basically "he said, they said." The couple's words against the accused's words. I was not convinced beyond a reasonable doubt that the couple was assaulted and I believe the accused should have been acquitted. But since he was found guilty by the judge, I DO NOT believe he should be sentenced to prison. 

How will prison help this man become a better person? What purpose will sending him to prison serve? Prison is a negative environment which does not encourage or facilitate reform or rehabilitation. There would be no purpose in sending this man to prison, as I believe this was an isolated incident (as it appears he has no prior record) and he is therefore, not a danger or threat to society. If this man has been successful on bail, I dont believe prison is necessary. He does not need to be incapacitated in prison. Besides, prison for relatively non violent offenders can be damaging and are often known as the schools of crime. 

I believe that a more appropriate sanction would be either a conditional sentence or probation in the community. He could be ordered to stay away from his neighbours, participate in counselling or a program aimed at the impact of crime on victims. He could also be ordered to have a curfew and to be employed to provide for his family and possibly perform volunteer work for his neighbours. I think this would be more appropriate than prison, as prison increases recidivism and does not rehabilitate or reform individuals at all.    

Sentencing date set for woman charged with failing to provide the necessities of life

Guimond sentence due May 12th

Shirley Guimond, 55, will find out her fate on May 12 for failing to provide the necessities of life in the death of her young nephew Gage.

On Wednesday afternoon the judge reserved her decision after hearing submissions. A final sentencing date will be set next month.

Guimond pleaded guilty in November 2009 to one charge of assault causing bodily harm involving two-year-old Gage -- her great-nephew -- and his three-year-old sister and was sentenced to time served for that offence.

Gage Guimond died in July 2007 after falling from a high chair and down a flight of stairs. Shirley Guimond was previously charged with manslaughter but later pleaded guilty to one count of failing to provide the necessities of life.

On Wednesday, the Crown asked for two years in jail, minus credit for six months served. The defence, however, asked for an 18-month conditional sentence.

 

Both lawyers agreed Guimond should serve an additional three years supervised probation.

Court heard both children had been in the custody of Sagkeeng Child and Family Services when they were placed in Guimond's care in June 2007. In the weeks prior to Gage's death, Guimond repeatedly assaulted both children.

In a statement to police, Guimond said she "was having trouble with the children acting up and would slap them, punch them about the body, and on at least one occasion, kicked them in the buttocks," Crown attorney Tony Kavanagh told court.

Defence lawyer Saul Simmonds said Guimond was overwhelmed by the responsibility of caring for the two children as well as her 13-year-old grandson.

"It was clear at her age ... the stress of dealing with three children in the home caused her far more tension and stress than she was able to deal with," Simmonds said.

I wish this article had stated more mitigating factors and the defence lawyer's argument instead of simply the Crown. I completely agree with a conditional sentence for this woman. I do not think prison is necessary as she does not appear to be a danger to society or a high risk to re-offend. It was a mistake and I do not believe it was intentional.

Judge reserves sentence for death of 2 year old Gage Guimond

A judge reserved a sentencing decision Wednesday afternoon for the death of two-year-old Gage Guimond in 2007.

Last November, Gage's great aunt, Shirley Guimond, pleaded guilty to a charge of failing to provide the necessities of life.

In July 2007, Gage died after falling down a flight of stairs at a home on Magnus Avenue. Gage was placed through Child and Family Services in the care of his great aunt at the time.

The defence came down hard on CFS at the hearing Wednesday.

"Why in the world is Shirley Guimond sitting alone in this box when in my view the system, CFS, has a greater sense of responsibility than Mrs. Guimond," said Saul Simmonds, defence lawyer.

Simmonds said CFS took Gage out of care from another foster family to place the boy with Shirley.

Gage's family agreed in part with some of the criticisms of CFS but said Shirley Guimond is ultimately responsible for the boy's death.

"She could have said no to CFS," said Natasha Guimond, Gage's biological mother.

Shirley offered a statement in court Wednesday.

"I'm sorry for (what) happened. I have to live with this for the rest of my life. I wish it never happened at all. That's all I have to say," said Shirley.

Victim impact statements were read out in court Wednesday from Gage's biological mother and former foster parents.

"I loved him as if he was my own. Now he is gone," said Gage's former foster father.

The maximum sentence in the case is five years. The Crown is asking for two years, less a day. The defence wants it served in the community. A new sentencing date has not yet been set.

System to blame in Guimond's death
Shirley Guimond shouldn’t be the only one sitting in the prisoner’s box awaiting sentencing in the death of her two-year-old great nephew Gage, a judge was told Wednesday.
“In my view, the system should be in this box with a greater deal of responsibility than Ms. Guimond,” said her lawyer Saul Simmonds.
Gage Guimond died in July 2007 after falling from a high chair and down a flight of stairs. Shirley Guimond was originally charged with manslaughter but pleaded guilty last November to failing to provide the necessities of life.
Court heard Gage and his three-year-old sister had been in the custody of Sagkeeng Child and Family Services before they were placed in Guimond’s care in June 2007. In the weeks prior to Gage’s death, Guimond — who was also caring for her 13-year-old grandson — repeatedly assaulted the two young children.
Guimond, 55, pleaded guilty in November to assault causing bodily harm and was sentenced to 68 days time served plus three years supervised probation.
Simmonds argued Sagkeeng CFS foisted the children on Guimond against her wishes.
“She was not out there asking to be a foster parent,” Simmonds said. “CFS came to her. Her position was she was clearly not prepared for that task.”
Guimond “reluctantly” agreed to care for the children but was asking CFS to take them back after two weeks, Simmonds said.
“Her personality is such that if you pressure her she will cave,” he said. “Unfortunately, you don’t go to the weak to take in a child under those circumstances.”
Simmonds alleged CFS removed the children from the home of loving foster parents and placed them in Guimond’s care for “political” reasons.
“This is not an isolated incident from their perspective,” he said.
Simmonds also fired criticism at local media which he accused of grossly misrepresenting the facts of the case.
“(Guimond) was treated in custody like a leper ... tormented and tortured,” he said.
Court heard on the day Gage was fatally injured, Guimond had been out shopping with the three children and needed to use the washroom when they got back home. She placed the boy in a backless high chair adjacent to the basement stairs and ran to the washroom. When Guimond returned, Gage had fallen down the stairs, critically injuring himself.
Guimond called 911 and Gage was rushed to hospital where he died several days later.
Crown attorney Tony Kavanagh described the boy’s death as “shocking and avoidable” and urged Judge Lee Ann Martin to sentence Guimond to two years in jail.
The maximum sentence for failing to provide the necessities of life is five years in prison. Simmonds argued Guimond should serve an 18-month conditional sentence in the community.
“This is not one of those cases that cries out for more custody in a facility,” he said. “This is a momentary lapse, not a lengthy one.”
Natasha Guimond, Gage’s mother, told court her son’s death has “scarred her forever.”
“How could I allow him to go?” she cried, reading from a victim impact statement. “It wasn’t supposed to be forever. It has been a rough road without my son.”
Martin reserved her sentence. A final sentencing date will be set next month.

Judge delays sentencing in 2 year old's death
A judge has reserved a sentencing decision in the death of two-year-old Gage Guimond who died in the care of his great-aunt.
Last November, Shirley Caroline Guimond pleaded guilty to assault cause bodily harm for injuries both Gage and his sister sustained from slapping and punching. She also pleaded guilty to failing to provide the necessities of life to Gage when he fell down a set of stairs in July 2007.
Then, a judge said Guimond would do no further time in jail for the assault charge, after giving her double credit for 68 days she'd already spent behind bars.
Now a judge will decide the sentence she'll do for the second charge. Crown attorney Tony Kavanagh told Provincial Court Judge Lee Ann Martin on Wednesday that Guimond should do two years less a day in provincial jail, minus about six months time served, for a crime that was "senseless, avoidable and sad."
"We can't ignore that this was an offence against a young boy who was incapable of looking after himself," Kavanagh told the court.
Defence lawyer Saul Simmonds said Guimond should be able to serve a two-year sentence under house arrest.
Both lawyers said Guimond should also be given three years of supervised probation.
Martin reserved her decision.
The mother of the two-year-boy said Wednesday she's against house arrest for the woman. Natasha Guimond said 55-year-old Shirley Guimond should do time behind bars.
Only six weeks after Sagkeeng Child and Family Services agency had placed Gage and his sister at a Magnus Avenue foster home with a great-aunt they'd never met, emergency responders found Gage with serious head injuries and struggling to breathe.
Court heard Shirley Guimond had placed the boy on a chair next to stairs while she used a bathroom, and the boy tumbled over a plywood guard rail to the bottom.
She was originally charged with manslaughter.
"She admitted she beat my kids, she's just not admitting for killing my son because how can anyone admit that?" said Natasha Guimond, who wept on the steps of the courthouse.
Natasha Guimond's children went into CFS when she was 19 years old and struggling to care for them.
They then were placed with foster parents before CFS removed them and placed them with Shirley Guimond.
Simmonds said his client contacted CFS to tell them she could not handle caring for the kids in addition to another teenager already in her home, but help didn't come.
"Why in the world is Ms. Guimond alone in this box?" Simmonds asked.
After Gage fell, Shirley Guimond called 911 and tried to revive the boy but he eventually died of his injuries.
"I just want to say I'm sorry for what happened," she told court Wednesday.

No more jail time for tot's death
Where is sympathy for Gage?
All the evil done to Gage and no-one pays the price
No retribution for Gage's death
CFS should shoulder blame for child's death

This is such a sad story, but I do not think that this death was intentional on Guimond's part. She struggled caring for the children. She also called 911 herself and tried to revive the child, which shows caring actions, not callous actions. This act was not intentional and therefore I feel she should receive a conditional sentence. She is not dangerous, violent or high risk and should not be placed in prison, where she could be negatively influenced. It was a simple mistake and could happen to anyone. She put the child in the chair next to stairs while she ran to the washroom. She couldn't foresee in the future, that he may fall and ultimately die. She does not deserve to be punished. To me, this isn't even a criminal act! It's a mistake which could happen to anybody.    

Was this an assault? Don't think so. He should be acquitted.

Was it a dust-up or an assault? Judge to rule on neighbours' dispute

It began with routine landscaping in the backyard of a Tuxedo home. It ended with allegations of racism and assault between a Winnipeg doctor and a Canadian Forces reservist.

A Manitoba judge will decide whether an ugly dispute between neighbours is a criminal act.

Joseph Zielinski, 49, has pleaded not guilty to assault causing bodily harm and will learn his fate on Friday. A provincial court trial ended last week with Zielinski testifying in his own defence. He said he is a victim of bogus allegations.

Neurologist Dr. Francis Dominique, 73, and his 76-year-old wife, Vydha, told a much different story. They say Zielinski leaped over the fence separating their homes and launched into a violent rage in May 2007.

The dispute began when the Dominiques had some large trees removed and branches and needles fell into Zielinski's yard. The couple -- who are originally from Trinidad -- say Zielinski grabbed a leaf blower and shot the debris back toward them. They say he pulled a similar stunt the previous winter by spraying snow into their yard.

"We both told him to stop it but he continued," Vydha Dominique testified. She claimed Zielinski ignored their demands and threatened them instead. "He told us to go back where we came from. He said he would come over and beat our old asses," she said.

The couple threatened to get the police involved, which prompted Zielinski to become even more enraged.

"He called us a (racial slur). He repeated that several times. Obscenities were used as well..." said Vydha Dominique.

As she walked to her home to call 911, she turned back and saw Zielinski on top of her husband.

"Mr. Zielinski was kneeing on his thighs, pounding on his chest," she said. The woman said she picked up a small stick and hit Zielinski but because of her limited mobility, which includes walking with a cane, she was unsuccessful.

"I was trying to hit him on the back, to get him away from him," she said. "I was scared he was damaging my husband. He could have died, anything could have happened. I was scared."

Dominique said she went back towards the house and called for help. Zielinski eventually got off her husband and returned to his yard. She said her husband was bleeding from the nose and had an injury to his groin.

Zielinski agreed he was cleaning his yard but told court it was the doctor who went on a verbal tirade. "He started yelling at me. I told him to go back into his home. He then picked up a branch or a stick and jabbed it at me through the fence," Zielinski testified.

Defence lawyer Ed Murphy produced several photographs in court that show scratches on Zielinski's neck and chest.

"He started to taunt me, motioning for me to do something about it. At one point, he picked up a log and threw it towards me, but I think it hit the top of his fence and fell back into his yard," said Zielinski. He said the doctor threw leaves and small sticks at him. Zielinski said he never taunted the couple with racist terms, never left his yard and never laid a hand on the doctor. He videotaped a subsequent incident that captured the doctor yelling racial epithets. The footage was shown in court last week.

"There is obviously some bad blood here. It's sufficient enough to make a false allegation," Murphy told court. Dominique told the Free Press in a previous interview he regrets his reaction to the incident. A handful of neighbours reported having verbal disputes with Zielinski, who moved into the neighbourhood nine years ago with his wife and son. None of the neighbours were called to testify.

The Dominiques say they have built a higher fence, installed a security camera and purchased a dog because they fear for their safety. Zielinski is employed with Canadian Forces 17 Wing.

This was a well written article which stated all the facts about allegations against each of the parties, making it easier for me to make an informed opinion. 

This case is basically "he said, she said." The couples' words against the accused's words. I am definitely not convinced beyond a reasonable doubt that this man assaulted the couple as the couple also has allegations against them! If I were the Judge, I would acquit this man, becuase in my eyes, their is simply not enough evidence against him.  

Manitoba teen admitted to minor role in attack

Teen played minor role in viscious attack

A Manitoba teen has admitted his role in an attack that saw a youth dragged from his home, beaten unconscious and then hung by his neck from a tree.

The 17-year-old pleaded guilty last week in Portage la Prairie court to assault causing bodily harm for the April 2007 incident on the Sandy Bay First Nation, about 165 kilometres northwest of Winnipeg. He was sentenced to two years probation as part of a joint-recommendation between lawyers.

The Crown stayed a more serious charge of attempted murder based on problems with its case, which included no arrests or identification of the two main attackers.

Prosecutor Lee Turner said the victim -- believed to be about 16 years old at the time -- was asleep in his own home when two men wearing bandanas over their faces burst inside.

"They roughed him up and took him out of the house," Turner said Wednesday in an interview. A third suspect -- the youth who was in court last week -- was waiting outside and helped the others quickly overpower the victim.

"He was there as a backup, but apparently didn't know how serious this was going to be," said Turner. The masked men took a yellow rope and placed it around the victim's neck before securing it to a wooden beam that ran between two trees.

"Apparently this was a spot people in the community would hang deer from to drain the blood," said Turner.

Fortunately, the victim's cousin stumbled across the scene while walking over from his own nearby residence. He had been playing guitar with the victim earlier in the evening but went home briefly to get some more equipment.

"He was hanging by the neck, but not for a very long period of time. It's very fortunate the victim was saved as he was," said Turner. The three culprits all fled the scene, and the cousin was unable to identify any of them because it was dark, court was told.

The victim suffered serious but non life-threatening injuries from the beating and the hanging.

"It's amazing how little damage there was to his neck," said Turner.

RCMP were only able to identify the one teen accused, who had been seen in the area at the time of the attack. He refused to identify who else was involved.

Turner said a motive for the attack isn't clear.

I wish this article would have included the other side of the story, the accused's. I would like to know his background life information, mitigating factors, possible addictions/mental health issues, family life and the conditions of his probation. 

I do agree with the probation sentence, because he is a youth and the YCJA is focused on rehabilitation and reintegration. This youth had a minor role and does not deserve to be sent to prison as prison is "criminogenic" in cases of teens, meaning that it causes more crime and the greater possibility of re-offending.  

Man sentenced to prison for botched kidnapping

Man sentenced to prison for botched kidnapping

Jeremy Egan couldn't hold back the tears as he denounced his participation in the botched kidnapping of a Winnipeg drug dealer.

"I'm embarrassed standing here," Egan told a judge before being sentenced to eight years in prison. "I just want to make a change, be there for the people that matter, not the people who don't."

Court heard Egan, 33, and two other men were acting as "muscle" for a "mid-level independent drug dealer" when they followed the 28-year-old victim to his Logan Avenue workplace and attempted to kidnap him, Jan. 28, 2008.

Crown attorney Dan Chaput said the alleged ringleader was supplying the victim with large quantities of cocaine which he then sold through his "dial-a-dealer" operatives. Chaput said Egan and his cohorts planned to rob the victim of drugs or money, believing that would force him to buy more drugs from the ringleader.

They didn't make it that far. Egan and another man, Patrick Keith Hiltz, 30, tried unsuccessfully to drag the victim out of his car and Hiltz hit him in the head with the butt of a handgun. The commotion caught the attention of the victim's co-workers who attempted to intervene. Chaput said Egan urged Hiltz to "shoot them" before they fled the scene.

The alleged ringleader and "puppet master" watched the drama unfold from a car a short distance away, Chaput said.

Egan pleaded guilty to attempted kidnapping, assault causing bodily harm, and several firearms offences.

"Mr. Egan was the muscle... but he knew what he was getting into," said his lawyer Jeff Nichols.

Egan, a former professional boxer, has a prior history of violent and drug-related offences. He was sentenced to jail in 2004 for assaulting an off-duty cop at a movie theatre.

Justice Brenda Keyser told Egan he will have a hard time landing a job with his criminal record, but it's time he tried.

"You've done a spectacularly bad job of being a criminal, so maybe you should try the opposite," Keyser said.

Egan received double credit of 26 months for time served, which will be deducted from his total sentence.

Hiltz has been granted full immunity from prosecution in return for testifying against his three co-accused.

Biniam Fitur, the alleged ringleader, and co-accused Pedro Maldonado are set to stand trial in January 2011.

Maldonado is currently serving a three year prison sentence for dangerous driving causing death.

Twenty-year-old Shauntelle Roulette was a front-seat passenger in Maldonado's Pontiac Grand Prix shortly before 2 a.m. on May 7, 2004, when Maldonado lost control of the car on Portage Avenue between Clifton Street and Valour Road. The vehicle jumped the centre median and tore out a fire hydrant and several trees before crashing into George Richards Big and Tall Menswear store.


Jeremy Egan couldn’t hold back the tears as he denounced his participation in the botched kidnapping of a Winnipeg drug dealer.
“I’m embarrassed standing here,” Egan told a judge before being sentenced to eight years in prison. “I just want to make a change, be there for the people that matter, not the people who don’t.”
Court heard Egan, 33, and two other men were acting as “muscle” for a “mid-level independent drug dealer” when they followed the 28-year-old victim to his Logan Avenue workplace and attempted to kidnap him on Jan. 28, 2008.
Crown attorney Dan Chaput said the alleged ringleader was supplying the victim with large quantities of cocaine which he then sold through his “dial-a-dealer” operatives. Chaput said Egan and his cohorts planned to rob the victim of drugs or money, believing that would force him to buy more drugs from the ringleader.
They didn’t make it that far. Egan and another man, Patrick Keith Hiltz, 30, tried unsuccessfully to drag the victim out of his car and Hiltz hit him in the head with the butt of a handgun. The commotion caught the attention of the victim’s co-workers who attempted to intervene. Chaput said Egan urged Hiltz to “shoot them” before they fled the scene.
The alleged ringleader and “puppet master” watched the drama unfold from a car a short distance away, Chaput said.
Egan pleaded guilty to attempted kidnapping, assault causing bodily harm, and several firearms offences.
“Mr. Egan was the muscle ... but he knew what he was getting into,” said his lawyer Jeff Nichols.
Egan, a former professional boxer, has a prior history of violent and drug-related offences. He was sentenced to jail in 2004 for assaulting an off-duty cop at a movie theatre.
Justice Brenda Keyser told Egan he will have a hard time landing a job with his criminal record, but it’s time he tried.
“You’ve done a spectacularly bad job of being a criminal, so maybe you should try the opposite,” Keyser said.
Egan received double credit of 26 months for time served, which will be deducted from his total sentence.
Hiltz has been granted full immunity from prosecution in return for testifying against his three co-accused.
Biniam Fitur, the alleged ringleader, and co-accused Pedro Maldonado are set to stand trial in January 2011.

I had a difficult time understanding this article and the crimes committed. The article did not do a very good job of explaining everything. I find the article biased in that it does not offer explanations of the offender's behaviour, by the defence lawyer. It is slanted by only offering what the Crown said. It also does not include the background info on the offender, and/or any hardships, such as poverty, unemployment or drug addictions.

8 years for drug-trade related kidnapping bid 

A Winnipeg man has been sentenced to eight years in prison for a brazen daytime abduction attempt that ended in chaos outside a city business.
Jeremy Egan, 33, pleaded guilty to several charges Tuesday stemming from the bizarre January 2008 incident, including attempted kidnapping, pointing a firearm and assault causing bodily harm.

"I just want to put this behind me. I want to be a good father and role model for my son," a tearful Egan told Court of Queen's Bench Justice Brenda Keyser.
Crown attorney Daniel Chaput said the plot was hatched by a high-level drug supplier who wanted to steal nearly $100,000 worth of cash and cocaine from the victim -- a regular customer of his who dealt drugs at the street level -- so he would have to purchase even more product from him.
Egan and two other men were recruited to be the "muscle" and spent several days planning the attack. They conducted surveillance on their target, obtained a handgun and car and were given specific roles to play. They also bought gloves, balaclavas, zip ties and pillowcases.
"It was decided that as much force would be applied as necessary," Chaput said. The accused wanted to force their victim to turn over his BlackBerry password, so they could access his network of drug contacts and steal from them as well, court was told. The "puppet master" who came up with the plan would not be directly involved, Chaput said. "He wasn't going to get his hands dirty."
The three would-be kidnappers followed the victim from his home to his workplace -- a Logan Avenue autobody shop -- on the morning of Jan. 28. They quickly boxed in the victim's car and surrounded him, waving the gun around and beating their target over the head with the butt end. The victim fought back, leaning on his car horn and refusing to unbuckle his seatbelt. Several co-workers heard the commotion and came running outside.
Egan repeatedly shouted "Shoot them, shoot them" to one of his gun-toting accomplices, Chaput said. But the firearm wasn't loaded and the two men fled in a waiting vehicle driven by the other accused. The victim suffered a large cut on his head, but wasn't seriously injured.
Police obtained surveillance video of the incident from a business across the street and quickly identified the suspects. They found Egan hiding inside a closet in a home and eventually seized a gun with his DNA and blood from their target on it.
Egan is the first of the accused to deal with his charges. The others remain before the courts.

Defence lawyer Jeff Nichols said his client comes from a loving, supportive network of family and friends, but has made some terrible choices in life based on his connection to the drug trade.

"You've already wasted a good chunk of your life," Keyser said. "You weren't raised to do the kind of things you've pleaded guilty to here. You have to get out of the drug scene. That's what's led you down this path."
Egan has spent the past 25 months in custody, which was given double-time credit of 50 months. That leaves him with three years, 10 months left to serve.

Personally, from the facts I was given, feel that 8 years is too harsh for an attempted kidnapping. This man is a father and comes from a supportive family, but just made some bad choices in life and was influenced by the peers he surrounded himself with. I do think that prison is needed in this case, as this man has a prior history and kidnapping is a serious offence, but I think that 3 years or so, would be more appropriate. The article did not mention any mitigating factors in this case, such as drug addictions, which are likely and if that is the case, they are best dealt with using community sanctions. Offenders find ways to get drugs into prison, and in more dangerous ways at that. In that case, I would sentence this man to between 3-4 years prison and have mandatory drug counseling/addictions treatment upon release. He should also be given help to secure employment to help support his family, upon release.     

Winnipeg man gets 3.5 years prison for fight over the phone

'Severe beating' over a phone

Victim’s face ‘absolute mess;’ man gets 3 1/2 years

A fight over a telephone has landed a 34-year-old Winnipeg man a 3 1/2-year prison sentence.

John Two-Heart pleaded guilty to one count of breaking and entering and assault causing bodily harm in connection with the June 7, 2008, fracas.

Two-Heart received double credit for time served, reducing his remaining sentence to one year.

Court heard the male victim suffered a “severe beating” at the hands of three men, two of whom were armed with a baseball bat and a wrench.

“The victim’s face was an absolute mess as a result of this beating,” said Crown attorney Rustyn Ullrich. “This was a concerted effort by all three to beat the victim mercilessly.”

Jennifer Bruyere, Two-Heart’s common-law wife and the “instigator” of the fight, pleaded guilty to one count of uttering threats and was sentenced to time served.

Ullrich said Bruyere had been dispatched to the victim’s North End home to retrieve a telephone a relative had lent him when the two became embroiled in a heated argument on the street. Bruyere threatened to send her boyfriend to the victim’s house.

The threat was fulfilled. Two-Heart, who was drunk, and two other men stormed over to the man’s rooming house and beat the man about the face and body. The victim’s eyes were swollen shut and his back was covered in large welts, Ullrich said.

“This is as close to an aggravated assault as you can get,” Ullrich told Judge Sandy Chapman.

Pam Smith, Two-Heart’s lawyer, argued he should be sentenced to time served, noting the victim has “moved on” and holds no grudge against Two-Heart.

“(The victim) says they were both drunk and if he had been sober it might have turned out different,” Smith said.

Bruyere’s lawyer said she regrets her part in the senseless attack.

“She feels bad that this happened over a phone,” Kevin Sneesby said. “She is shaking her head at this.”

I feel that considering the fact that this man was intoxicated at the time and likely incoherent and did not know fully, what he was doing, I think that the jail time of one year (after double time) is appropriate. I would not have agreed with 3.5 years. 

"Sex offender denied bid for quick release"

Sex offender denied bid for quick release

A violent Manitoba sex offender deemed a high-risk to reoffend lost his bid to be immediately released back into the community.

Clayton Dixon has been in custody since his December 2006 arrest. He argued he shouldn't face any further sanctions for his latest crimes on two women.

But Queen's Bench Justice Morris Kaufman disagreed Wednesday, ordering him to spend another 11 months behind bars. He was given double-time credit for his pre-trial custody, meaning his sentence on paper is seven and-a-half-years.

Dixon, 40, was convicted at trial last year of numerous charges including two counts of sexual assault, assault causing bodily harm, uttering threats, forcible confinement and mischief. He has a lengthy criminal history spanning more than two decades.

The Crown was seeking a 10-year sentence -- the maximum allowed by law -- but Kaufman said Dixon didn't meet the criteria for such a designation.

Dixon repeatedly beat a middle-aged woman inside a home in Norway House, 450 kilometres north of Winnipeg. She tried to flee into a bedroom for safety, but Dixon kicked down the door and began sexually assaulting her. The woman managed to flee to a neighbouring home and call for help.

"This was a very horrific and violent sexual assault," Crown attorney Richard Smith told court Wednesday.

Dixon wasn't finished with his rampage. He began attacking a 15-year-old girl who was also in the home, assaulting her and attempting to kiss her. RCMP burst into the home and interrupted what they believe was going to be another serious sexual assault.

"The police came in to save the day," said Smith. Both victims were treated for various injuries.

Defence lawyer Gord Bates said his client was raised by his grandparents in a dysfunctional environment on the northern Manitoba reserve. Dixon's grandmother was abusive "and basically taught him he was useless," he said. Dixon has long struggled with drug and alcohol addiction, which has impacted his judgment.

Dixon has had a difficult time in jail since his arrest because he is labelled a "skinner" by other inmates for trying to sexually assault the teen victim.

Bates said his client plans to resume living with his common-law wife and their three children once he is released from jail. He will be on supervised probation for two years with conditions including having no unsupervised contact with children under the age of 18. His name will also be placed on the federal sex offender registry.

The acts that this man committed were horrible and degrading but I understand the situational factors that may have influenced these crimes such as dysfunctional family life, and addictions. I feel that he should have been sentenced to 5 years instead of 7.5 years.