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

Saturday, May 8, 2010

Man with numerous probation breaches, given another chance at freedom


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. 

Saturday, May 1, 2010

Woman violates conditional sentence, must serve remaining time in jail


A Manitoba woman is headed to jail after repeated violations of her conditional sentence ended in a dangerous confrontation with RCMP.

Lillian Orvis was initially given a nine-month period to be served in the community last November after pleading guilty to trafficking marijuana on her home reserve of Bloodvein First Nation. She was re-arrested weeks later for breaching several terms of the sentence but convinced provincial court Judge Michel Chartier to give her one final shot at freedom, rather than suspend the rest of her conditional penalty.
His generosity and tolerance backfired.

RCMP responding to an anonymous tip found Orvis driving drunk through the community in March, when she was supposed to be under 24-hour house arrest and not consuming any alcohol. There were several other people in the car, including her 19-year-old son who was wanted for a hit-and-run accident earlier that day.
Orvis briefly pulled over, then sped away when police tried to arrest her. She narrowly missed running over the foot of one officer.
Police gave chase and followed Orvis to the Bloodvein airport, where she stopped her car and made a run for the forest. Two officers followed her footprints in the snow and found her hiding behind a tree, nearly a full kilometre into the woods.
Orvis began threatening the police and their families, armed herself with a broken tree branch and began punching the officers in the chest while shouting "I won't go down without a fight," court was told. Her son also emerged from hiding and began attacking police, who eventually overpowered both mother and son and got them in handcuffs.
Orvis was given a blood-alcohol test and found to be nearly twice the legal limit. Police charged her with impaired driving, flight from police officer, assaulting a police officer and several breaches of her conditional sentence.

Orvis appeared in court Friday seeking to be given yet another opportunity to succeed in the community. But Chartier wasn't convinced, saying her flagrant breaches must be punished. He noted her probation officer says she has shown an "inability and unwillingness" to comply with her court orders and the various programming and treatment options it provides.
"She has totally disregarded the conditional sentence order. This is a serious case of non-compliance," said Chartier. He reminded Orvis about the strong warning he'd given her months earlier when deciding not to send her to jail for her first set of breaches.
"It was made abundantly clear what the consequences of a further breach might be," he said. Chartier said giving her yet another opportunity would leave him "concerned the integrity of conditional sentence orders and public confidence in the administration of justice would be eroded."
Chartier has now ordered Orvis to remain behind bars until her conditional sentence expires in late August. She must also still deal with the new criminal charges stemming from her latest incident.

I believe in second chances. This was one breach by the woman and she should have been given a second chance to succeed in the community. These breaches, consuming alcohol, and the fact that her son was wanted for a hit run, is a refection of deeper problems within this woman's family and ultimately, the community. If this woman lives on a reserve, I am almost positive they don't offer resources and/or alcohol/drug treatment, which is maybe why she isn't participating in that. 

I also wonder, has restorative or Aboriginal justice, which integrate Aboriginal cultures and traditions, healing, restoration and support circles, been considered as an option for this woman? Likely not. 

I feel that prison should only be reserved for the most dangerous and violent offenders. This woman is not one of them, in my opinion. She made a mistake by consuming alcohol. Everyone makes mistakes and she should be given another chance. How will prison solve this woman's family and community conflicts/problems? It likely will not. I think the Judge should have let her serve the remainder of her conditional sentence in the community and offer family counseling, substance abuse treatment (maybe even a residential place) and a healing circle involving the woman, her son and the police officers who she assaulted. This woman needs help, not prison.  

Saturday, March 27, 2010

Released ex-con of Calgary, wanted again

 Police continue to hunt for high risk offender
Hunting “predatory and opportunistic” ex-convict Curtis Dale Hill just hours after his release is frustrating, say police who are determined to reel him in.
“It’s frustrating but this is what our unit does,” High Risk Offender Program Sgt. Gene Newcombe said Saturday.
“We can only be in so many places at once.”
When returned to custody police plan to oppose his release.
Hill, said Newcombe, has a history of violently preying on people and his freedom brings with it a warning to Calgarians.
“We want the public to be aware of this individual, he is dangerous,” said Newcombe
Within hours of Hill agreeing to strict conditions in a city courtroom on Friday, he was literally running from police.
Earlier on Friday, Hill was ordered to spend the next two years under the watchful eyes of HROP — to adhere to a peace bond with strict conditions including a curfew and orders he not leave Calgary unless getting prior written approval from a HROP officer.
Despite it being “a very powerful peace bond,” Hill chose not to comply, Newcombe said.
“He has many conditions he has to abide by, in particular that night he had a 10 o’clock curfew at an approved residence, he neither went to an approved residence nor abided by his curfew,” he said.
Knowing the 30-year-old has ties in Edmonton, police went to the Greyhound bus station on Friday thinking he might be leaving Calgary, obviously breaching his conditions.
They were right.
“He was there waiting for a bus and engaged us in a foot pursuit and got away,” Newcombe said.
Hill was last seen running east and back into the downtown core.
That led to two arrest warrants being issued, a Canada-wide warrant being put out and police concerns for public safety posed by the high-risk offender.
“To me, there is an obvious disregard for the court order he was placed upon,” Newcombe said.
“No attempt was made to abide by these conditions.”
While police city-wide are on the look-out for Hill they urge anyone who might spot Hill to call 911.
Hill, who has a lengthy criminal history including convictions for armed robbery, break-and-enter and uttering threats, was released from the Calgary Remand Centre on Friday.
He was released from prison in Edmonton late last year and deemed to pose an ongoing danger to re-offend.
The man had completed a 10-year term for armed robbery break and enter, attempting to escape and assaulting police.
This marks the second time he has gone on the lam.
He was arrested by Edmonton police on Jan. 11 for violating conditions and has been in custody until this week.
“He was put on those orders and chose to disobey them,” Newcombe said.
“Whether he stays in Calgary or leaves, the concerns are the same, he has a history of extreme violence.
“The actions of Mr. Hill do not come as a surprise to anyone of us in the unit.”

 Justice critic slams high risk offender's release
High-risk offenders like Curtis Dale Hill who skipped out on police hours after his release shouldn’t have been let out of jail in the first place, says a justice advocate.
Former Calgary Tory MP Art Hanger said the resources to monitor ex-convicts like Hill, released from jail Friday only to breach his conditions and evade police hours later, can only go so far.
“I don’t think high-risk offenders should be on the loose. Period,” he said. “I think they should be kept under lock and key.”
On Friday, police issued a warning about the release of Hill, 30, who has a lengthy criminal history including convictions for armed robbery, break-and-enter and uttering threats.
Hanger said he believes technological monitoring such as ankle bracelets aren’t the solution.
Instead they should be designated as habitual criminals, he said.
“If they have the resources to monitor these characters through wearing bracelets and tracking devices then great,” he said.
“But we’re talking about a huge manpower to do it — who is going to do it?
“Yes it may work to some degree, but I think these habitual offenders shouldn’t be released at all.”
When Hill is caught, police plan to oppose his release.


Released ex-con wanted again

Just hours after agreeing to two years of strict monitoring by police, a violent ex-convict released from jail is wanted back in custody for breaching his conditions.
Police are looking for Curtis Dale Hill, 30, who was released from the Calgary Remand Centre Friday after agreeing to enter into a 24-month peace bond with strict conditions on his liberty, including a nightly curfew.
He is to spend the next two years under the watchful eyes of the Calgary police High Risk Offender Program unit and not permitted to leave the Calgary area without the prior written approval of a HROP officer.
But police said Friday night Hill is wanted for breaching conditions related to his release.
Hill is 5-foot-11, about 198 lbs., has brown shaved hair, a goatee, green eyes and wears glasses.
Earlier Friday, Crown prosecutor Adam May told provincial court Judge John Reilly that Hill poses an ongoing danger to offend after he was released from prison late last year.
Hill was previously placed under strict bail conditions, including his monitoring by police, after he was released from prison in Edmonton Dec. 22, when he opposed the Crown’s application for a peace bond.
He had just completed a 10-year term for armed robbery, break and enter, attempting to escape and assaulting police.
He was arrested by Edmonton police on Jan. 11 for violating conditions.
Police advise anyone who sees Hill to call 911 and not approach him.