Guilty plea for new rash of crimes

Guilty plea for new rash of crimes

A prolific Winnipeg criminal once dubbed a "one-man wrecking crew" has pleaded guilty to his latest rampage and could be facing a lengthy prison term.

Jody Duczminski, 26, admitted Monday to a series of crimes stemming from an incident last summer when he led police on a high-speed chase in a stolen vehicle after calling 911 claiming he had a gun and was prepared to harm both himself and any officers who tried to stop him.

Police say Duczminski reached speeds of 160 kilometres per hour while racing around the south Perimeter Highway in a Mitsubishi Lancer that had been stolen from a Transcona car dealership. Police eventually got the car stopped without injury or major damage. No weapons were found.

Duczminski has now pleaded guilty to charges including motor-vehicle theft, evading police, uttering threats and public mischief. He is being held in custody and will be sentenced later this fall, where the Crown is expected to seek significant prison time.

Duczminski has a lengthy history with the criminal justice system. He was sentenced to two years in prison for a 2002 car theft and arson spree that caused nearly $1 million in damages. He reoffended just weeks after he was released on parole in 2003 with a string of crimes, including trying to mug an elderly woman, driving stolen cars through two gas station kiosks and stealing food items, robbing a Dickie Dee ice cream driver and leading police on a high-speed car chase through the city.

Provincial court Judge Linda Giesbrecht sentenced Duczminski to the equivalent of 32 months time served for that spree, which caused more than $50,000 damage.

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.

Robbery ringleader sentenced to 13 years prison

Robbery ringleader sentenced

Forcing others into robberies nets 13 years

Bjarne Roussin is paying the price for not knowing when to quit.

Prosecutors say Roussin, 30, was the ringleader of a trio responsible for robbing a McPhillips Avenue payday loan outlet and for the attempted robbery of a second outlet that resulted in a dangerous high-speed chase.

Roussin’s arrest in March 2006 came just three months after he finished serving a six-year prison sentence for three crack-fuelled armed robberies.

Earlier this year a jury convicted Roussin of one count each of armed robbery and attempted armed robbery, several weapons offences, dangerous driving, two counts of obstructing justice and three counts of uttering threats and other offences. Jurors acquitted him of three additional robberies.

On Friday, Justice Doug Abra sentenced Roussin to 13 years in prison. Roussin received double credit of eight years time served, reducing his remaining sentence to five years.

Court heard Roussin orchestrated the robberies and remained in the getaway car while his two co-accused did the dirty work.

Police, noting similarities to Roussin’s previous robberies, placed a wiretap on his phone line and a GPS monitor on his car.

Roussin was under police surveillance when the three men tried robbing an Instaloans outlet in St. James. The robbers found the business locked and were confronted by police, who attempted to box-in their getaway car.

Roussin rammed a police cruiser and sped away. Police gave chase but quickly abandoned the pursuit due to safety concerns.

“His conduct was outrageous,” Abra said.

Police wiretaps caught Roussin trying to convince a former jail guard to join his criminal band of brothers.

Cops arrested Roussin and his two co-accused in March 2006. While in custody, he threatened to kill his girlfriend if she co-operated with police.

In a separate hearing Friday, a second judge sentenced Roussin to another 12 months in jail for dangerous driving and six months — to be served concurrently — for uttering threats.

Court heard Roussin, believing his girlfriend had been unfaithful, threatened to kill her during a harrowing, high-speed drive that ended when he plowed into a snow drift. Roussin later confronted the man he believed had been sleeping with his girlfriend and threatened to shoot him in the head.

A Winnipeg man has been sentenced to 13 years in prison for a crime spree that included forcing others to carry out armed robberies by threatening violence against their families.

Bjarne Roussin was described in court Friday as someone who poses a high risk to reoffend and has "no respect" for society's rules.

"He is a career criminal," said Crown attorney Christina Kopynsky.

A jury convicted Roussin late last year of 17 criminal charges. Court was told he picked up two long-time friends in a rental car on Feb. 7, 2006, and drove them to three separate locations: Cash Converters in Transcona, The Cash Store on McPhillips Street and Insta Loan on Portage Avenue.

Roussin demanded the men commit robberies, saying he would go after their loved ones if they didn't comply. He gave them specific instructions on what to do and handed his two co-accused a bandana, a balaclava and sunglasses to hide their faces. Roussin also gave the men a pellet gun that looked like a real firearm and a can of bear spray, telling them to use the weapons to "scare" their victims.

Roussin remained outside in the vehicle while all three robberies occurred. He then pocketed all the proceeds.

Winnipeg police had set up surveillance at several local payday-loan businesses and caught the third robbery as it happened. Officers tried to stop Roussin as he sped away in his rental car, but quickly lost him.

He pulled the same routine on Feb. 20, 2006, this time sending one of the men to rob the Pizza Hut on Portage Avenue and the Norwood Hotel beer vendor. Roussin paid the man $200 for his efforts, court was told.

The two co-accused pleaded guilty to their roles in the robberies and testified against Roussin.

Police investigators used technology to help crack the case by planting a GPS tracking system on Roussin's vehicle, which allowed them to secretly record conversations going on inside. They suspected he was involved, based on a lengthy criminal history for similar robberies. Roussin was also caught on a telephone wiretap discussing another planned robbery with a man, court was told.

Roussin was also convicted this week on separate charges involving dangerous driving and uttering threats against his girlfriend, which were recorded on a listening device planted inside his vehicle.

Roussin has spent four years in custody since his arrest and was given double-time credit of eight years. He was still able to take advantage of the controversial two-for-one credit because his time in custody predates new federal legislation that came into effect last week and prohibits judges from awarding it.

Roussin was then given another five years behind bars.

 

Crown outlines robbery case

March 3, 2009

A Winnipeg man is on trial for allegedly planning a series of armed robberies and then forcing others to carry out the acts by threatening violence against their families.

Bjarne Roussin began his Queen's Bench trial Monday by pleading not guilty to 25 criminal charges. Crown attorney Elizabeth Pats outlined the case against Roussin in her opening statement to the jury.

Roussin is accused of picking up two long-time friends in a rental car on Feb. 7, 2006 and driving them to three separate locations: Cash Convertors in Transcona, The Cash Store on McPhillips Street and Insta Loan on Portage Avenue.

"While driving there Roussin gave instructions ...on how to commit the robbery. Once at the scenes, Roussin took a bag out of the truck of the Toyota and gave his two co-accused a bandana, a balaclava and sunglasses to hide their faces," Pats told jurors. He then handed the men a pellet gun that looked like the real thing and a can of bear spray, telling them to use the weapons to "scare" their victims, she said.

Roussin remained outside in the vehicle while all three robberies occurred.

"All of the proceeds were given to Mr. Roussin," said Pats. "Mr. Roussin did not physically enter these locations. Not only was he the wheel man, he was the person in charge."

Winnipeg police had set up surveillance at several local payday loan businesses and caught the third robbery as it happened. Officers tried to stop Roussin as he sped away in his rental car but quickly lost him.

"Roussin knew that he had collided with an unmarked police car. In order to get away you will hear he drove at high rates of speed ignoring traffic lights and stop signs," said Pats. "They ended up in Fort Garry, picking up lighter fluid on the way as they had a plan to burn the car to destroy the evidence. They pulled into a back lane ...but they thought they were seen by someone so instead they walked away abandoning the car."

Roussin allegedly pulled the same routine on Feb. 20, this time sending one of the men to rob the Pizza Hut on Portage Avenue and the Norwood Hotel beer vendor. Roussin paid the man $200 for his efforts, court was told.

The two co-accused have pleaded guilty to their roles in the robberies and are expected to testify against Roussin.

The man who did all five hold-ups was given a deal from justice officials in exchange for his evidence.

Pats said police investigators used technology to help crack the case by planting a GPS tracking system on Roussin's vehicle, which allowed them to secretly record conversations going on inside. Roussin was also caught on a telephone wiretap discussing another planned robbery with a man, court was told.

Roussin's former girlfriend is also expected to testify about renting the vehicle which was used in the crimes, and then being threatened by Roussin not to speak with police to protect him from prosecution.

The case is expected to last six weeks.

Dec.15, 2009

A Winnipeg man has been convicted of planning a series of armed robberies and then forcing others to carry out the acts by threatening violence against their families.

Jurors heard nearly six weeks of evidence and spent 48 hours deliberating before finding Bjarne Roussin guilty of 17 criminal charges Saturday afternoon.

Roussin was accused of picking up two longtime friends in a rental car on Feb. 7, 2006, and driving them to three separate locations: Cash Convertors in Transcona, The Cash Store on McPhillips Street and Insta Loan on Portage Avenue.

Jurors heard how Roussin gave the men instructions on how to commit the robberies. He remained in the vehicle while all three robberies occurred.

The two co-accused pleaded guilty to their roles in the robberies and testified against Roussin. One of the co-accused was given a deal from justice officials in exchange for his evidence.

My opinion??

Considering this man's planned and deliberate robberies, forcing others to commit them for him, getting all the proceeds, lengthy criminal history, high risk to re-offend and being convicted of 17 charges... I think that this sentence is completely appropriate. I have said before that I believe prison should only be reserved for the most violent, high risk and dangerous offenders and I believe Roussin, fits this category. However, the media did not report on any mitigating factors, so they are a bit biased and therefore, I don't know his side of the story. But after double time credit is taken into account, I think that 5 years is appropriate for Roussin.  

Prison term for Edmonton man convicted of dangerous driving, is against Judge's wishes

Jail term for dangerous driving is against Judge's wishes 

An Edmonton man was put behind bars Thursday for dangerous driving despite nobody involved in the case — including the judge — wanting that to happen.

And that has the man’s defence lawyer criticizing the federal government’s get-tough-on-crime legislation for going overboard and taking away the discretion of judges.

“This is a perfect example of get-tough-on-crime legislation casting the net too wide,” said Michael Sparks.

“We simply do not need to fetter the discretion of judges, who are trained, intelligent judicial officers, and who are outside politics and know how to apply the law,” said Sparks. “We don’t need politicians doing that.”

The defence lawyer was referring to a 2007 amendment to the Criminal Code made by the Stephen Harper government which ended the use of conditional sentences served in the community, including house arrest, for persons convicted of serious personal injury offences.

Court of Queen’s Bench Justice Donna Read told Roxroy St. Michael Johnson Thursday that she would have given him an 18-month conditional sentence on his guilty pleas to three counts of dangerous driving causing bodily harm.

However, the judge said she was prohibited from doing so by the current legislation, which ironically came into effect the day before Johnson committed his offence.

After telling him of her “regret” in having to incarcerate him, Read sentenced Johnson, 51, to six months in jail and banned him from driving for three years.

The judge also urged the lawyers to look further into the law surrounding such cases, saying it is “unfortunate” when mandatory sentences remove judicial discretion.

Johnson was then led away as his wife broke into tears.

According to agreed facts, Johnson’s car struck a tractor-trailer going west on Yellowhead Trail after taking a south-bound merge lane at 61 Street at a “high rate of speed” on Dec. 1, 2007.

Johnson’s car then smashed into a Dodge Caravan, carrying Salvatore and Holly Gennaro and their then-two-year-old daughter, Ireland, resulting in both vehicles being sent spinning, court heard.

The adults both suffered soft-tissue injuries while their daughter was traumatized and required counselling.

Johnson, who suffered head injuries and was taken to hospital, told paramedics at the time that he had been trying to kill himself. He later couldn’t recall saying that and said he had simply thought he could beat the truck.

Court heard Johnson has a lengthy criminal record, however Read accepted the married man with eight children, who was a maintenance worker at a mobile home park and a regular churchgoer, had turned his life around.

Johnson apologized to the victims for his “irresponsible actions” and for “causing them pain” and also told his wife he was sorry for putting her through everything.

Sparks said a sentence appeal is being considered.

Mandatory minimum sentences are so frustrating to me! Judges need to have complete discretion and be able to consider all aggravating and mitigating circumstances and be trusted to come to the right decision. That's why I am a Liberal, because I am completely against the "tough on crime" approach. Sending people to prison does not reduce or deter crime!! It is ineffective, except in the cases of dangerous, repeat or high risk offenders for the purpose that they dont commit any more crimes. With MMS, people like this man, who committed relatively minor offences, may be sentenced too harshly and unnecessarily too long. I agree that he changed his life around and should have been sentenced to 18 months conditional sentence instead of 6 months prison.