Mother in custody after two children stabbed in Winnipeg

Mother in custody after two children stabbed

A 35-year old mother remains in custody after an attack that sent her four-month old baby and nine-year-old son to hospital in critical condition.

Police said both children were stabbed in the stomach, with a source adding the infant suffered the most extensive wounds. Their condition has since been updated to stable.

The Free Press has learned the 35-year-old mother has recently been suffering from post-partum depression. Police, who had to use a translator to interview the woman Thursday night, are investigating what, if any, role that condition or any other possible mental-health issue may have played.

"Any time a stab wound happens to a four-month-old, no matter how superficial to an adult, that would be critical," Winnipeg police Staff Sgt. Andrew Smith told reporters at the scene.

The 33-year-old female victim, the sister of the woman arrested, is listed in stable condition, reportedly from a stab wound to the chest. She was stabbed while trying to protect the children, a source said.

Sources say the mother was the one who called police just after 5 p.m. Thursday. She allegedly left her apartment and calmly waited in the lobby for police to arrive.

The woman was led to a police car, her hands cuffed behind her back. She was wearing a long yellow dress and appeared to have a white gown covering part of her body.

The woman has no prior criminal record, but was taken to hospital by ambulance on Feb. 19, according to a source. She had given birth just a few weeks earlier and was report­edly suffering from post-partum depression. It's not known how long she was hospitalized or what kind of treatment she received.

The attacks created a chaotic rush-hour scene downtown, with more than a dozen police cars, ambulances and first responders converging outside the Manitoba Housing highrise complex at 355 Kennedy St., between Ellice Avenue and Qu'Appelle Avenue.

The incident occurred one block from Central Park, a neighbourhood that is home to many refugees and immigrants. Sources say the mother is originally from Africa, although it's unknown how long she has been in Canada.

Police told reporters at the scene Thursday the incident is believed to be domestic in nature. Smith con­firmed a female suspect had been arrested but didn't provide further details.

Kennedy Street is often crowded on warm evenings with many of the residents who live in the building and other units in the neighbour­hood. But the street was eerily quiet and deserted Thursday night.

A Winnipeg Police Service identi­fication officer could be seen through the large main-floor windows taking photographs in the building lobby. Several Manitoba Housing security guards were also on scene.

Police are expected to release further details at a news conference Friday morning.

Winnipeg mother charged with stabbing two children
A Winnipeg woman has been charged with three counts of attempted murder after her two young sons — a nine-year-old and a four-month-old — and her sister were stabbed.
The children were taken to hospital in critical condition Thursday with wounds to their upper bodies but have since been upgraded to stable, police said.

The 32-year-old sister of the woman was also stabbed as she tried to intervene, but was treated in hospital and released. The sister's four-month-old daughter was not injured, said Const. Jason Michalyshen.
The nine-year-old boy fled the suite in a downtown housing complex after being injured and notified security at the apartment, who then contacted emergency services, police said.
The 35-year-old mother was arrested shortly after the incident, which happened around 5:30 p.m. Thursday at the housing complex at 355 Kennedy St.
Police had to use a translator to interview the mother, who is originally from Africa, Michalyshen said. Neighbours told CBC News the family had moved to Winnipeg from Somalia four years ago.
The Winnipeg Free Press quotes unnamed sources as saying the mother had recently been suffering from postpartum depression.
The woman has also been charged with assault with a weapon and assault. She is in custody at the Provincial Remand Centre.
The children have been placed in the care of the provincial government's Child and Family Services agency.

Immigrants face challenges

People who work with newcomers say there can be stressful challenges for people who come to Canada.
There can be a sense of isolation for people because of language and cultural differences, said Noelle De Pape, executive director of the Immigrant and Refugee Community Organization of Manitoba, which offers transitional housing and social services to new Canadians.

While there are many support programs available, people need to be made aware of them and take advantage, she said.
People who have gone through refugee camps may not know how to access help, she added.
"We end up dealing with many issues that are at a crisis point with very expensive front-line services like police and hospital, but we need to focus on prevention and supporting families and their children," De Pape said.
She also noted the location of Thursday's stabbing "is right in the heart of … the newcomer service community, near Central Park."

This woman should be granted bail. She is suffering from depression and is a new immigrant, and prison will likely worsen her condition. I do not believe she is a danger to the public as she has no prior criminal record. 

Man with numerous probation breaches, given another chance at freedom

Man "likely to kill" but gets release -- Psychiatrist's opinion, Judge's reservations, breached conditions not enough to detain him

A Harvard-educated Winnipeg businessman with a history of terrorizing his estranged family is back on the streets, despite a psychiatrist's opinion he is "likely to kill."

The man -- who the Free Press is not naming to protect the identity of his victims -- was arrested last week for allegedly breaching conditions of his bail and probation orders.

Provincial court Judge Ray Wyant agreed to release him back into the community despite expressing serious concerns.

"There are a lot of things... that raise a lot of red flags for me," Wyant said in a hearing that wasn't covered by a publication ban.

Crown attorney Terry McComb argued the man, who is in his 30s, should remain behind bars. He spent nearly an hour going through extensive details of the man's troubling behaviour. He has been diagnosed with a narcissistic personality disorder and has made repeated threats to go on a deadly shooting spree against those he believes wronged him.

"He speaks of himself as being a ticking time bomb," McComb told the judge.

"He speaks of having a holy war, of having another Columbine or Virginia Tech" (massacre).

The man pleaded guilty in a Kenora courtroom last year to holding his parents hostage for several hours inside their Lake of the Woods cottage. He was under both a bail order and a restraining order to have no contact with them at the time of the 2007 incident, court was told.

The man, who has both Canadian and American citizenship, chartered a boat on the U.S. side of the lake, used a bogus name to get through customs then broke into the cottage, armed with an aluminum bat.

He ordered his parents to sit on a couch, saying "I could kill you both right now."

He blamed them for problems with his business interests and difficulties he had with his ex-wife and her family, who are also prominent Winnipeg business owners. He was also angry at not being allowed to see his children without supervision, court was told.

"Ultimately his parents were able to talk to him, to calm him down and he said he couldn't kill them," McComb said.

The man admitted to charges of criminal harassment, unlawful confinement, uttering threats, assault with a weapon and numerous breaches. He was given time in custody and two years of probation, which would be monitored by Manitoba's high-risk offender unit.

He still faces two charges of uttering threats from 2007. Those involve allegations he said he would kill his parents, his ex-wife and several members of her family during telephone conversations. He claimed he had "bought a .45 from a black man" and was prepared to use it.

"He said this would be all over the news, that he was incapable of surrender. He said 'I'll fight to the death. This is war. It will go down in blood. I don't care if I go out in a hail of bullets,' " McComb told the judge.

The man's trial on those charges is set for this fall. He's free on bail, and his conditions include a nightly curfew and non-contact order. He has reluctantly attended court-ordered counselling but has shown little interest in taking responsibility, court was told.

Last month, he told his psychiatrist he would no longer participate in conversations and would instead do yoga during future sessions.

"He apparently feels the whole system should bend to him. He doesn't appreciate how serious this is," McComb said.

"(The psychiatrist) does indicate he believes... he is likely to kill."

Police arrested the man last week after probation officials conducted four curfew checks in which he didn't answer his telephone at the Pembina Highway hotel where he lives with his new girlfriend, court was told.

The man took issue with his arrest during his bail hearing, in which he acted as his own lawyer. He said he was inside his room, as required, but never heard the phone ring.

"I haven't breached. I don't take my release lightly. My freedom is very important to me," he said. The man blasted the Crown, police and probation officials for targeting him.

"The system keeps screwing me," he said. "I'm hearing a lot about a monster. That person I don't recognize as myself. I'm trying to work towards peace and reconciliation. I do not have any major mental problems. I'm not capable of doing these things that people said I could do. I'm not a danger to society."

The man spoke for nearly 30 minutes straight, pleading with Wyant to give him another shot at freedom. He bragged about his many accomplishments, from his education at a prestigious U.S. college and winning a Winnipeg business award, to dominating the competition during weeknight floor hockey games at a Winnipeg church.

"I'm the top scorer, by the way. But that sounds narcissistic, so I won't say that," he told the judge. The man also compared his plight to that of Mahatma Gandhi and Martin Luther King Jr.

"I'm a guy who's been dealt a bad break by his family," he said.

Wyant chastised the man for his "me, me, me" attitude, noting he has already been convicted of serious criminal charges. However, he agreed to give the man one more shot at bail, warning any further breaches would likely result in a lengthy stay in jail.

"The authorities are going to be watching your every move," he said.

First of all, the headline is very biased. You can immediately know the author's opinion (that he feels this man should be held in custody) from the way he puts the psychiatrist's opinion as if it were a fact, in the headline. News stories are supposed to be unbiased. It is also biased in the fact that fails to state anything about the accused's background life, which may be a mitigating factor, or any other mitigating factors. 

I agree with the decision to release this man on bail. He is a successful university graduate and businessman who suffers from a personality disorder, which needs to be treated. That cannot happen in jail. His condition would likely only worsen. I agree with the bail but also feel this man should have to adhere to very strict conditions, including attending counseling and treatment. 

This man missed 4 phone calls. It doesn't mean he breached his curfew. That's not even a serious violation. He has been on bail without breaching for 3 years so the Judge obviously considered the fact that he does appear to abide by his court orders. The breach of probation charge could be something simple and not serious such as failing to keep the peace. It could be a simple mistake. Just because he breached his bail and probation doesn't mean he is any more dangerous. It doesn't mean that because he breached his bail and probation that he's alleged to have committed two separate offences. Failing to keep the peace is a breach that an officer lays any time someone on probation picks up a new charge. 

In addition, he has previously only expressed aggression and anger towards family members and relatives, not anyone from the general public, so I do not think he would be a danger to the public. 

Man late for court, Judge's verdict postponed

Late for court, reservist avoids being arrested

A Canadian Forces reservist narrowly avoided being taken into custody Friday after forcing the verdict in his assault case to be postponed.

Provincial court Judge Michel Chartier issued an arrest warrant when the accused -- Joseph Zielinski -- couldn't be found for the 9 a.m. start time. Zielinski, 49, arrived at the downtown courthouse about 45 minutes later, telling his lawyer he was confused about the time and thought his hearing didn't start until 10 a.m.

The warrant was cancelled but another date will have to be scheduled because Chartier had other court matters on the docket. Zielinski remains free on bail.

Zielinski has pleaded not guilty to assault causing bodily harm after a dispute with his elderly neighbour that began with some yardwork and ended with allegations of racism and violence.

Neurologist Dr. Francis Dominique, 73, and his 76-year-old wife, Vydha, say Zielinski grabbed a leaf blower and began shooting tree debris back towards them. They claim Zielinski ignored their demands to stop and threatened them instead with racial slurs, then jumped over the fence separating their homes and launched into a violent rage in May 2007. Zielinski allegedly began punching Francis Dominique, causing some cuts and bruising.

Zielinski agreed he was cleaning his yard but told court it was the doctor who went on a verbal tirade, then picked up a branch or stick and jabbed it at him through the fence. Several photographs were given to court that show scratches on Zielinski's neck and chest. 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 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.

I think that this case is something that shouldn't even be taking up court time! There are more important matters which need to be heard. This is simply a case of "their words against his." They each have different stories and allegations against each other. I am not convinced beyond a reasonable doubt that the man charged, is guilty. I believe that he should be acquitted. 

I also think that this article is biased in that it does not give enough information about the man's background life, such as previous record, etc.  

Alberta teen's kidnapper and rapist, sentenced to 18 years

18 years for posing as cop and raping teen

RED DEER — Gerard Baumgarte was sentenced to 18 years behind bars on Friday for kidnapping and repeatedly raping a 16-year-old girl.

The 57-year-old was sentenced to 17 years for kidnapping and was given an additional, one-year mandatory term for using an imitation firearm after pleading guilty to six charges ranging from sex assault to kidnapping for the attack on a teen girl he abducted outside her Red Deer-area home last February.

Diagnosed as a sexual sadist during a psychiatric assessment, Baumgarte was also sentenced to 12 years for sexual assault, 10 years for unlawful confinement, three years for assault with a weapon and six months for impersonating a police officer, which will be served concurrently.

Justice D. A. Sulyma gave Baumgarte two-for-one credit for the 390 days he spent in pre-trial custody, meaning he will serve 15 years, 315 days.

Wearing a blue prison jumpsuit and glasses, Baumgarte looked nervous during the sentencing, mostly keeping his head down.

Dressed as a cop and with flashing red and blue lights on his vehicle, Baumgarte forced the girl into the trunk of his car at knifepoint then held her for two days, raping her as many as nine times.

She was eventually released at a Red Deer mall after being terrorized for 46 hours, an ordeal that left her with a large scar on her cheek where Baumgarte cut her with a knife.

Court was told Baumgarte spent weeks fantasizing about the crime and chose the girl at random while filling his mother’s car at a gas station near her house.

Defence lawyer Patricia McNaughton said there will be no appeal.

Speaking to reporters outside the Red Deer Provincial Courthouse, the girl’s uncle — who can’t be named to protect her identity — said the sentence offers little solace to their family.

“Every time she sees that scar on her face she has to go through the moments again, every single day,” he said.

“That’s where I’m sad, I feel as though my niece has to suffer a life sentence and he doesn’t.

“I think my niece got a worse sentence than he did and that’s where I’m frustrated and angry.”

Baumgarte was also ordered to register as a sexual offender, submit a DNA sample to the national registry and was handed a lifetime firearm ban.

No time has been set for parole eligibility but the girl’s uncle said they will return to court if and when that happens.

“The only thing I can hope is that he has a heart attack in jail or something happens,” he said.

“I just hope he dies and we don’t have to come back to this again.”

McNaughton asked the court to recommend Baumgarte serve his sentence at Bowden Institution to be close to his mother and two sisters, who have shown him support through the trial, which Sulyma agreed to do.

Alberta teen's kidnapper sentenced to 18 years

A central Alberta man who dressed up as an RCMP officer to abduct and sexually assault a 16-year-old girl has been sentenced to 18 years in prison.

Gerard John Baumgarte, 57, pleaded guilty to kidnapping, assault, sexual assault, confinement, using a fake firearm to kidnap and impersonating a peace officer in November 2009.

Court of Queen's Bench Justice Doreen Sulyma gave Baumgarte credit on Friday for serving time in custody before the trial, which reduced his prison term to 15 years and 315 days.

"He is taking his punishment as he expected and is not considering an appeal," said Baumgarte's lawyer, Patty MacNaughton.

The judge did not say when Baumgarte would be eligible to apply for parole, leaving it up to the National Parole Board to determine.

'She's only 17 years old. The average Canadian woman lives to 83. She's got a long, long time ahead of her to live through this and he doesn't.'— Victim's uncle

The victim's uncle, who cannot be identified to protect her identity, said no sentence would be enough for the victim and her family.

"The only thing I can hope is that [Baumgarte] has a heart attack in jail or something happens," he said. "I just hope he dies, and we don't have to come back to this again."

In February 2009, Baumgarte followed his victim from a gas station in Penhold, about 120 kilometres north of Calgary, and signalled her to pull over the truck she was driving by turning on flashing lights in his vehicle.

Impersonating a police officer, he told the girl that her vehicle registration was expired and lured her to his vehicle. Armed with a knife and BB gun, he put her in the trunk, slashing her cheek in the process.

Abductor diagnosed as sexual sadist

For two days, Baumgarte held the girl in his Red Deer trailer and sexually assaulted her before letting her go at a local mall.

A forensic psychiatrist testified at a sentencing hearing on Thursday that Baumgarte was a sexual sadist, someone who enjoys seeing a victim in pain.

Baumgarte's victim stayed home from school on Friday and baked cookies to keep herself busy, said her uncle.

The family got rid of the girl's truck, which reminded her of the ordeal, and got her a new car, but she's still scared to travel alone, he said.

"She's only 17 years old," the uncle said. "The average Canadian woman lives to 83. She's got a long, long time ahead of her to live through this, and he doesn't."

The Crown had argued for a life sentence with no chance of parole for 10 years while the defence was seeking 10 to 15 years in prison minus time already served.

Kidnapper a sexual sadist, court hears
RED DEER — The rapist who abducted a teen outside her home and held her captive for nearly two days is a sexual sadist who deserves a life sentence, a Crown attorney told Court of Queens Bench Thursday.
Orest Yereniuk said Gerard Baumgarte’s repeated sex attacks on a teen he kidnapped, in just under 47 hours, left a lifetime of painful memories for his victim, her family and a community shaken by the crime.
“And for what?” he said.
“For his depraved desire to kidnap, abuse and repeatedly sexually assault ... There was no compassion or leniency for this complainant.”
The Crown is asking for a life term with parole eligibility after half his sentence or a maximum of 10 years has been served.
The now 57-year-old pleaded guilty to six charges ranging from sex assault to kidnapping for the attack on a 16-year-old girl he kidnapped outside her Red Deer-area home last February.
He had spent weeks looking for a victim and had darkened the lenses of goggles he would force her to wear until he let her go at a shopping mall nearly two days later.
Posing as a police officer, Baumgarte put the teen in a trunk when it was -30C outside, raped her seven times and left her with scar on her cheek from where he slashed her as he took her from just outside her family home.
Yereniuk listed more than a dozen aggravating factors — from planning his attack to tying his victim up, and terrifying her and the family who was frantic to find her.
“He brutalized her for 46 hours ... showed total disregard for another human being,” he told court.
“He kept her masked in part to increase the terror — after two hours, after four hours ... any rational girl would be thinking the worst — are these my last hours? Will I ever see my family again? Is this the end?”
Defence lawyer Patricia MacNaughton said the very fact her client let the teen go is a mitigating factor.
She pointed out Baumgarte let the girl live.
“He’s not the worst,” she told court.
“There was no gratuitous violence, he didn’t torture her ... she was told she would not be killed, she was told she would be released and that in fact took place.”
Suggesting he be handed a sentence in the range of 10 to 15 years, minus about 2 years for time served, MacNaughton pointed out her client is a first time offender being “vilified” in the courts.
“He is also a human being, a man who has family who loves him ... In the search for justice we can’t lose sight of that,” she said
Baumgarte, barely audible, nervously clasping his hands, addressed the court briefly.
“I just want to say I’m sorry, I beg forgiveness from the victim ... For the shame on my family as well,” he said.
Earlier, forensic psychiatrist, Roger Brown said he diagnosed the sex predator as a sexual sadist and noted detecting little compassion for how his crime might have impacted the teen.
Justice Doreen Sulyma will hand down her sentence Friday.

I agree with the sentence of 15 years for this man. I believe that prison should be reserved for the most dangerous and high risk offenders and this man, is one of them. He is a dangerous sex offender and a sexual sadist. These types of people are very hard to rehabilitate, which is why I believe he should not be serving a community sentence. I think he should be eligible for parole in half that time, which would be 7.5 years, but he will likely be released at that point anyways. 

Man shot by police sentenced to 6 more months in prison

Man shot by police to spend six more months in jail
Courts man shot by police, sent to prison

A Winnipeg man shot by police following a domestic violence incident has been sentenced to 30 months in custody.

Matthew Prince, 25, pleaded guilty to three counts of assault with a weapon, two counts of breaching a recognizance and one count of forcible entry in connection with the February 2009 incident.

Court heard police confronted Prince on the street minutes after he attacked his girlfriend and her grandmother at their Ashburn Street home.

Armed with two knives, Prince advanced on officers, yelling “Kill me, kill me,” Crown attorney Paul Girdlestone told court.

When Prince refused police demands to drop the knives he was shot in the shoulder and groin.

Defence lawyer Mike Cook said Prince later apologized to police for his actions and said he did not blame them for shooting him.

Cook recommended Judge Ted Lismer sentence Prince to time served. Cook said Prince has already paid a heavy price for his actions and suffered a lengthy and painful recovery in jail.

“Mr. Prince lived in fear every single day that someone would poke him in the shoulder or poke him in the groin,” Cook said.

The night before he was shot, Prince spent several hours drinking and consuming cocaine with his girlfriend at her Ashburn Street home. Prince left the house about midnight following a heated argument.

Prince re-entered the home early the next morning, grabbed a knife from the kitchen and pulled his girlfriend from her bed. The woman ran to her grandmother’s bedroom for help. Prince stabbed his girlfriend once in the arm and shoved her grandmother into a wall before a male family member intervened and forced Prince out of the house.

A pre-sentence report assessed Prince as a very high risk to reoffend, due largely to his history of drug and alcohol abuse.

Girdlestone said he was willing to recommend Prince be sentenced to time served if he agreed to complete a residential treatment program for substance abuse. Prince said he would only participate in a residential treatment program if an assessment determined it was necessary.

Prince received double-time credit of 24 months for time served, leaving six months remaining on his sentence. Lismer sentenced him to an additional three years supervised probation.

A Winnipeg man was sentenced to 30 months in prison for a drunken, drug-induced rampage that ended with police shooting him twice.
Matthew Prince, 25, was struck in the arm and groin after he refused to drop two large butcher knives while walking towards two officers in February 2009. He had stabbed his girlfriend moments earlier after breaking into her home in the middle of the night.
Crown attorney Paul Girdlestone told court Friday that Prince ignored repeated demands to drop his weapons.
"As he was closing in on officers, Mr. Prince was yelling 'Kill me, kill me,' " Girdlestone said.
Defence lawyer Mike Cook said his client wasn't thinking clearly after consuming numerous beers and a large quantity of cocaine in the hours preceding the confrontation.
"It was not his intention at the end of the day to injure the police officers," Cook said. Prince offered an apology to the officers for forcing them to shoot him, court was told.
Prince's girlfriend was not seriously injured after being stabbed in the arm. The pair had been partying earlier that night, even though Prince was out on bail on an assault charge and was forbidden from contacting her.
Girdlestone said the pair began arguing while at the woman's grandmother's house. The girlfriend kicked Prince out of the home and threw his beer and clothing onto the front yard.
Prince waited several hours before returning to the Ashburn Street home around 6:30 a.m. He kicked down the door, went to his girlfriend's bedroom and began assaulting her. He also shoved her grandmother into a wall before finally being overpowered and removed from the home by her uncle.
Police arrived within minutes and found the knife-wielding Prince outside the home. Police briefly considered using a Taser but were forced to shoot when he got within a few feet of them, court was told.
Prince dropped to the ground after being shot twice and was handcuffed and rushed to hospital, where he was treated for several days. One bullet went through his arm, breaking it, while the other pierced both his upper thighs and went through his groin.
"There was a great amount of damage to him," Cook said. "Mr. Prince has gone through a pretty unique experience. There are not many people who can talk about being shot, not once but twice, and having survived."
Prince, who has a lengthy record, will spend only four months in prison after receiving double-time credit for the 13 months he has already served.

I think that 6 more months in prison is appropriate considering the amount of time this man has already served and the experience of being shot twice that he has had to endure. More importantly, in my opinion, he needs to receive help for his alcohol and drug problem and should participate in the residential treatment program, once released from prison.  

Dangerous driver didn't use vehicle as a weapon

Dangerous driver didn't use vehicle as a weapon, jury concludes

Crown plans to seek prison term for convicted hit and run driver

Calgary motorist Tina Melanie Hayne wasn’t using her Jeep as a weapon when she grazed a city cop as she blew through a speed trap, a jury ruled Friday.

But the eight-woman, four-man jury did find that Hayne was driving dangerously and unlawfully fled the scene of an accident after she failed to stop for Sgt. Kelly Todd.

And the seven jurors who returned to court following their verdict were surprised to learn Hayne has had similar brushes with the law in the past.

Crown prosecutor Jonathan Hak said he will be seeking a jail term for Hayne when the case returns to court next week because of two prior convictions.

Hak told Justice Brian Burrows that Hayne has previous convictions for hit and run involving a pedestrian and failing to stop for a police officer.

The hit and run involved striking a pedestrian in a downtown crosswalk in the 1980s and the failing to stop involved a speed trap.

Jurors found Hayne was driving dangerously when she failed to pull over for Todd after he clocked her in excess of 20 km/h over the speed limit in a construction zone on Stoney Tr. N.W.

But they ruled Hak failed to establish the injuries suffered by Todd during the Aug. 19, 2008 incident, including a soft tissue wound to his shoulder, were caused by the collision.

Todd had testified he swung his summons clipboard at Hayne’s SUV as it passed him to “mark” the vehicle.

In response to a question by jurors while they were deliberating, Burrows said if the injuries were caused by Todd’s actions then Hayne could not be held responsible.

Hayne, 47, had been charged with assault with a weapon, dangerous driving causing bodily harm and leaving the scene of an accident where she caused bodily harm.

Jurors convicted her of included offences after ruling there was a doubt about how the injuries were caused.

At defence lawyer Balfour Der’s request, Burrows permitted Hayne to remain at liberty pending sentencing.

A Calgary driver convicted of dangerous driving and hit and run for blowing through a police radar trap at a construction site has a prior record for similar offences.

Crown prosecutor Jonathan Hak said after the jury's verdict on Friday that, because of Tina Melanie Hayne's driving history, he will be seeking jail time.

"Ms. Hayne has a previous Criminal Code conviction for hit and run for running down a pedestrian," said Hak told Court of Queen's Bench Justice Brian Burrows.

"She also has a previous conviction for failing to remain at the scene, in relation to a police officer."

The pedestrian incident, he said, occurred in 1987 on a street in downtown Calgary. Hayne, 47, was convicted under the Traffic Safety Act in 2007 for speeding and failing to remain at the scene when stopped by police.

Hayne also faces trial on Sept. 15 in provincial court on another hit and run charge, for alleging taking off after hitting another vehicle.

She had faced much worse charges in her trial this week, but the jury of eight women and four men acquitted her of assault with a weapon - her Jeep Cherokee - after she allegedly struck Const. Kelly Todd on Stoney Trail N.W. on Aug. 19, 2008.

The jury also found her not guilty of dangerous driving causing bodily harm to the officer, but guilty of the included offence of dangerous driving.

As well, the jurors reduced the other charge from failing to stop at an accident causing bodily harm to just failing to stop at an accident.

The jury, which deliberated overnight before reaching a decision, had twice returned to ask questions regarding what constituted an assault causing bodily harm relating to Todd.

In the end they determined that grazing the holster of the officer, who attempted to stop Hayne by throwing his clipboard at her vehicle was not an assault.

Todd testified he tried to pull over the vehicle speeding in the construction zone and, when it became apparent the driver was not going to stop, he attempted to pull his sidearm, but did not have time before the vehicle arrived.

The officer said he was not injured, other than having a sore back, after the collision with Hayne's vehicle.

Hayne told court she thought it was a construction worker, not a police officer, who stepped out in front of her as she was driving along Stoney Trail.

She said she thought the person was stepping into her lane, so she swerved around him, then heard a loud bang in her window.

But she still didn't believe she had struck anyone because, when she looked back, she saw a man standing in the lane behind her SUV.

She also testified she could not remember seeing signs warning of a construction zone, where police had set up the radar trap.

She had told her lawyer Balfour Der she sped up after she passed the man because "I was frightened."

Even when she got to work and realized she had been in a collision, she did not report the incident.

Der and Hak will make their sentencing arguments to Burrows, on Thursday.

Cop thought driver was trying to kill him

When a speeding motorist aimed her car at him Calgary police Sgt. Kelly Todd’s first reaction was to reach for his gun, a jury heard Monday.

But Todd said he didn’t have time to draw his service weapon before an SUV raced passed him, clipping him as it went by.

“I thought ... she was trying to kill me,” Todd said, of the middle-aged woman at the wheel of the truck.

“I believed she was trying to run me over (and) at that point I went for my side arm,” he told Crown prosecutor Jonathan Hak.

Tina Melanie Hayne, 47, faces charges of hit and run, dangerous driving causing bodily harm and assault with a weapon, her vehicle, in connection with the Aug. 19, 2008, incident.

Todd and his partner were running a speed trap in a 60 km/h construction zone on Stoney Tr. N.W. that morning when he spotted an approaching SUV.

He estimated the speed at 80 km/h and a subsequent laser reading showed the vehicle was doing in excess of that.

Todd then stepped out into the roadway to flag the driver down, but while she “slowed a bit,” the driver switched lanes and continued on.

The officer took one step left towards the other lane to attempt to get the motorist’s attention.

“At that point ... the vehicle turned and came right at me,” Todd said.

“I actually locked eyes with the driver.”

That was when he contemplated pulling his gun, but “I realized I don’t have time for this and I started to move to my right,” he said.

“At some point I started to spin,” said Todd, who suffered several minor injuries as well as a soft-tissue wound to his right shoulder which still limits his movement.

He said the incident haunted him for several months causing three different recurring dreams, one the way it happened, one in which he died and a third in which he fatally wounded the driver.

Under cross-examination by defence lawyer Balfour Der, the officer acknowledged it was dangerous for cops to run out into traffic to stop speeders.

Hayne’s trial, set for five days, continues on Tuesday.

Woman claims she believed cop was a construction worker

The woman accused of trying to run down a Calgary cop said Tuesday she was only attempting to avoid a construction worker who appeared to be “playing chicken.” And Tina Melanie Hayne testified she was too frightened to stop after the man, who turned out to be a city police officer, tried to get in her way. Hayne told a jury of four men and eight women she believed Sgt. Kelly Todd was a construction worker who had no right to stop her Jeep. “It was my experience he was following me from lane to lane,” Hayne said. “I did not want ... an injury to him,” she told defence lawyer Balfour Der. Hayne, 47, faces charges of assault with a weapon, her vehicle, dangerous driving causing bodily harm and hit and run in connection with the Aug. 19, 2008, incident. Todd suffered several minor injuries, including a soft-tissue wound to his shoulder when he was clipped by Hayne’s Jeep after it failed to pull over in an 8 a.m. speed trap. Hayne admitted not stopping for the officer, but only because she didn’t think it was a policeman standing in the road in front of her, she said. “He was not a flag man,” she told Crown prosecutor Jonathan Hak, of her reason for not stopping. Hayne said she slowed down by taking her foot off the gas and changed lanes when she noticed Todd in the left lane of Stoney Tr. N.W. When Todd followed her, she switches lanes again, only to see him mimic that move as well, she testified. “Did you think this man on the road was playing chicken with you?” Hak asked. “Possibly, yes,” Hayne said. “Who do you think was going to win a chicken battle between a vehicle and a pedestrian?” Hak said. “I can’t say,” Hayne replied, During her cross-examination Hayne often paused for long moments before giving an answer. At one point the prosecutor asked her if she was aware there was a risk in not slowing down for a pedestrian in the middle of the road. “There are a lot of questions here that require me to have a memory without notes, without things that would help me answer questions,” she responded. Hayne said she drove away without stopping after passing Todd because she believed he was uninjured. Jurors will hear final arguments on Wednesday.

I agree with the jury's decision in that she did not intend to injure the officer and I agree with the charges that she was convicted on. I think that based on her previous convictions, she should receive 2 years less a day of prison coupled with 3 years probation and a driving prohibition.

Edmonton man jailed for bizarre attack

Man jailed for bizarre attack

A city man has been jailed for hitting a man in the head with his fibreglass cast and trying to get his blood on the man before throwing a rock at police and being Tasered.

Edward Louis Dore was sentenced to 18 months in jail, to be followed by two years of probation, after pleading guilty to two counts of assault with a weapon.

Provincial court Judge Donna Valgardson, who described the bizarre Sept. 11 incident as a “random attack” on a likely frightened stranger, gave Dore 12 months credit for time in pre-trial custody, leaving him six months’ to serve.

Court heard Clayton Anderson was waiting for a bus at the Northgate transit terminal about 6 p.m. when he observed Dore and a female in a verbal dispute.

After Anderson intervened and asked what was going on, Dore tried to punch him and the pair began struggling.

Dore, who had a fibreglass cast on his right forearm, struck Anderson with the cast, leaving an imprint on his forehead and cutting him.

Court heard Dore then tried to get his blood on Anderson and later told police he had HIV and Hepatitis C.

As officers arrived on the scene, Dore initially ran up and then backed away.

He then confronted police, telling the officers to shoot him, and then picked up a boulder and threw it at them.

Police then zapped Dore with a Taser and arrested him.

Defence lawyer George Isshak said Dore has a history of mental illness and problems with booze and drugs.  

I think 6 months to serve and 2 years probation is appropriate for this man. He has drug and alcohol problems and should attend some sort of treatment programming while in prison and while on probation. 

Brutal attack on homeless women may lead to dangerous offender designation

Man guilty in sex attack 

- An Edmonton man who brutally attacked two homeless women — raping one of them at knifepoint —now faces being designated a dangerous offender.

- Lawrence Dominique, 61, pleaded guilty Monday to sexual assault causing bodily harm, assault with a weapon and two counts of uttering death threats.

- Crown prosecutor Avril Herron called the April 19, 2008, attacks at a makeshift shelter, “a brutal offence on two vulnerable women.”

- Herron cited Dominique’s rap sheet — which dates back 40 years and contains multiple convictions for crimes of violence — and said the Crown intends to proceed with a dangerous offender application.

- Dominique was then ordered to undergo a 60-day psychiatric evaluation at Alberta Hospital.

- Court heard the two victims were sleeping under a tarp when Dominique climbed into bed with one of them and put a knife to her throat, saying: “I just got a new knife I want to try out, do you want to live or do you want to die?”

- The second woman asked her friend if she was OK and Dominique attacked her, putting his knife by her throat.

- The first woman then ran off to the Hope Mission to get help and the remaining one kicked Dominique.

- He responded by kicking her in the head several times, putting his knife to her throat and threatening to kill her.

- He then said: “All you women don’t deserve to live — I’m gonna kill you all.”

- Dominique then ripped off the woman’s pants and began raping her with his knife pressed to her neck.

- Two people then arrived and pulled off the tarp and the woman was able to escape. A nearby security guard responded and handcuffed Dominique until police came.

- Dominique is slated to be back in court on April 30.

- If designated a dangerous offender, Dominique would receive an indeterminate prison sentence, meaning that he would be held in prison until it was deemed that he no longer presented a risk to society and to the safety of the public. 

Judge rejects dangerous offender designation

Judge rejects dangerous offender designation 

Not enough of a danger; rapist tagged as long term offender 

Here is the summary of these articles: 
- Kevin Steppan fantasized about killing women
- Judge rejected Crown's application to have him deemed a dangerous offender, instead labelling him as a long term offender. 
- He had already spent 4 and a half years in pre-trial remand and was now sentenced to an additional 9 months in prison. 
- As a long term offender, he will be placed under supervised probation with strict conditions for 10 years after his release from prison. 
- If he had been designated a dangerous offender, he would have had an indeterminate prison sentence, meaning that he would only be released when it was determined that he no longer presented a risk to the public. 
- In 2005, he targeted two women, who were prostitutes, and physically and sexually assaulted them and also choked them with a rope. 
- He later admitted to police that he had considered killing both women.
- He also plead guilty to making 50+ sexually obscene phone calls to his female defence lawyer. 
- "Judge said he fit the criteria for a dangerous offender but believes he deserves another shot at turning his troubled life around." 
- The Judge also said, "Asentence in a federal institution is not needed at this point for theprotection of the public in this case. Nor is such a sentence requiredat this time to properly reflect the other relevant principles ofsentencing. In my view, imposing such a sentence at this time wouldresult in a total sentence that is unfit and unjust." 
- Steppan is being supported via a treatment plan to help him deal with his tragic upbrining. 
- It was said that he was abused and neglected during his childhood and his family life was dysfunctional. 
- A psychologist also said that this man has a personality disorder and a history of behavioural problems including chronic lying. 
- He also plead guilty to one count of sexual assault with a weapon, assault causing bodily harm, and making harassing phone calls. 
- Judge said additional jail time was necessary in order to prepare a community supervision plan before he is released, as a long term offender.

SOURCES (from which this summary was primarily taken from): Winnipeg Free Press and Winnipeg Sun. 
AUTHORS: Mike McIntyre and Dean Pritchard 

Good on the Judge in this case for not designating this man a dangerous offender! I would agree that he is still young and could benefit from treatment and rehabilitation to deal with his personality and behavioural disorders. This man's criminal behaviour could stem from his poor upbringing that included neglect and abuse and his untreated psychological disorders. I agree that a long term supervision order should be sufficient and this man should be receiving treatment.