Appeal Court reduces prison sentence for sex offender

Sex offender has sentence reduced

Manitoba’s highest court has slashed a prison sentence given to a high-risk sex offender who randomly stalked and molested a woman in a Winnipeg shopping mall.

Corey Wright, 39, was originally sentenced to four years behind bars but learned Wednesday the Court of Appeal had reduced it to three years.

Justice Richard Chartier said the initial penalty given to Wright "falls outside an acceptable range of sentences under similar circumstances, making it demonstrably unfit." Chartier noted the trial judge found the 2008 incident didn’t meet the legal definition of a "major sexual assault" - but then imposed a sentence as if it was.

Wright was found guilty of sexual assault for following a young woman around a shopping mall for 30 minutes, then running up behind her, grabbing her waist and forcing his hand between her legs. She screamed and ran away.

"The facts are very disconcerting," aid Chartier. "Although the victim was not physically injured from the attack, she suffered emotional and psychological harm."

Police were able to quickly identity and arrest Wright because the attack was caught on surveillance video, court was told.

Wright has a lengthy criminal history with more than 40 prior convictions, including five for "sexually-motivated" offences. Three involved exposing himself to women, one was for making indecent phone calls and the other was for criminal harassment against a female victim who he also stalked and exposed himself to in a shopping mall.

"What is clear from the latest incident...is that there is a noticeable and troublesome escalation in the level of violence used by the accused," said Chartier. "Furthermore, at the time of sentencing, the accused had done little to address his offending behaviour."

The Crown had originally sought a five-year sentence for Wright, while his lawyer asked for a 26-month penalty.

Wright had served pre-trial custody which was given-double time credit of 23 months. Chartier has now ordered him to spend another 13 months behind bars, to be followed by two years of supervised probation. His conditions include mandatory sex offender counselling and having no contact with the victim.

Appeal court slashes prison sentence for high risk sex offender

MANITOBA'S highest court has slashed a prison sentence given to a high-risk sex offender who randomly stalked and molested a woman in a Winnipeg shopping mall.

Corey Wright, 39, was originally sentenced to four years behind bars but learned Wednesday the Court of Appeal had reduced it to three years.

Justice Richard Chartier said the initial penalty given to Wright "falls outside an acceptable range of sentences under similar circumstances, making it demonstrably unfit." Chartier noted the trial judge found the 2008 incident didn't meet the legal definition of a "major sexual assault" -- but then imposed a sentence as if it was.

Wright was found guilty of sexual assault for following a young woman around a shopping mall for 30 minutes, then running up behind her, grabbing her waist and forcing his hand between her legs. She screamed and ran away.

"The facts are very disconcerting," said Chartier. "Although the victim was not physically injured from the attack, she suffered emotional and psychological harm."

Police were able to quickly identity and arrest Wright because the attack was caught on surveillance video, court was told.

Wright has a lengthy criminal history with more than 40 prior convictions, including five for "sexually motivated" offences. Three involved exposing himself to women, one was for making indecent phone calls and the other was for criminal harassment against a female victim who he also stalked and exposed himself to in a shopping mall.

"What is clear from the latest incident...is that there is a noticeable and troublesome escalation in the level of violence used by the accused," said Chartier. "Furthermore, at the time of sentencing, the accused had done little to address his offending behaviour."

The Crown had originally sought a five-year sentence for Wright, while his lawyer asked for a 26-month penalty.

Wright had served pre-trial custody which was given-double time credit of 23 months. Chartier has now ordered him to spend another 13 months behind bars, to be followed by two years of supervised probation. His conditions include mandatory sex offender counselling and having no contact with the victim.

The portion of the public who advocates for "tougher" sentences simply lack understanding, knowledge and information regarding our complex justice system and its mechanisms. Anyone who clearly understands our justice system and studies crime, such as criminologists and professors, usually do not advocate for tougher sentences, because the research has proven it to be ineffective and expensive at crime reduction and prevention. Because the majority of public receive information about crime and justice solely from the media (which is biased and sensationalizes violent and rare crimes), their attitudes about criminality are subsequently biased and not well developed. They are not well informed about the many issues surrounding the decisions made.  

As a criminal justice student, it frustrates and concerns me to see so many members of the public completely disregarding human rights inherent to all Canadians (including prisoners) and advocating for tougher sentences which have been proven in research time and time again, to have little, if any, significant impact on crime rates. We need to stop ignoring the research, stop reactionary responses to crime and start implementing proactive and preventative policies instead. That is the only way crime will be reduced and/or prevented. I wish everybody understood this or at least acknowledged the research.. but unfortunately, some individuals are too self-centered/ignorant to acknowledge that they are wrong. 

Seriously, how are longer prison sentences helpful to long term public safety and offender rehabilitation? They aren't. Longer sentences have been proven to increase an offender's chances of re-offending and decrease their chances of successful reintegration, which is extremely important for improving public safety. We must facilitate rehabilitation and reintegration in all cases, so offenders can be returned to society as productive and law abiding citizens.

How are longer prison sentences helpful to long term public safety and offender rehabilitation and reintegration? They are ineffective at all of these objectives. Longer sentences have been proven to increase an offender's chances of re-offending and decrease their likelihood of successful reintegration. How does that improve public safety? If an offender is not rehabilitated, provided with little support, assistance and programming upon release/guidance, they are more likely to re-offend, therefore, creating more dangerous communities. We have to remember that virtually all offenders WILL eventually be released back into our communities and be living among us. They will live in our cities and towns, be our coworkers, attend college or university with us or with our children and be our neighbours. Therefore, we MUST facilitate reintegration by providing offenders with the skills necessary to be productive members of society. We must always remember to do what is in society's best interests, and that does not mean retribution, revenge or excessive punishment.

An inmate serving a lengthy sentence in prison once said, "When I get out of here in 25 years, do you want to be my neighbour?" 

I would have preferred a sentence of 2 years in prison for this sex offender. He should have to participate in sex offender counselling and programming in prison and also relapse prevention/maintenance programs once released into the community. Sex offenders suffer from cognitive distortions, and have often been abused or neglected themselves, therefore, they need effective psychological treatment. This man would be considered a "rapist" in the three categories of sex offenders and therefore, requires general crime programming and moderate intensity sex offender programming.   

Man gets 7 years for shooting

Man gets 7 years for shooting

A Winnipeg man has been sentenced to seven years in prison after pleading guilty to a daytime shooting that left two people injured.

Daniel Johnston, 26, admitted Monday to firing several shots from a .45-caliber pistol during a May 2009 noon-hour brawl outside a West Kildonan home.

Johnston and two friends had gone to the St. John’s Avenue home looking to settle a score with another man, court was told. One of his friends then got into a physical fight with the target of their anger, prompting Johnston to pull out the handgun, turn it sideways and begin shooting.

One of the bullets struck the intended target in the lower leg, while another hit Johnston’s friend in the same area.

Two other shots hit the ground and window of the home.

"The bullets were going everywhere," said Crown attorney Rustyn Ullrich.

Johnston fled the scene and discarded the weapon, which was never found by police. He was originally charged with attempted murder, but lawyers agreed Monday to a reduced plea to discharging a firearm with intent.

Ullrich said the victim of the shooting was not co-operative with police and justice officials and didn’t want to testify. Defence lawyer Saheel Zaman told court the man may have been armed with a knife during the initial fight, which could have allowed Johnston to plead self-defence.

Johnston has an extensive prior criminal record and was on probation and a weapons ban at the time of the shooting.

"He is well travelled in the criminal justice system and not entitled to any leniency," said Ullrich.

Johnston has spent the past 14 months in custody, which was given double-time credit of 28 months under the joint-recommendation from lawyers. He was then sentenced to another four years, eight months behind bars and put on a lifetime weapons prohibition.

I would like to know more about the defence lawyers' arguments and the mitigating factors surrounding the defendant, such as poverty, addictions, mental illness, peer influences, etc. This man could have acted in self defence. 

Man who lured teen with drugs and sexually assaulted her, sentenced to 2 years

Man lured girl with drugs

A Winnipeg man who lured a 14-year-old girl into a house with a promise of drugs and then forced her to have sex with him has been sentenced to two years in prison.

Gilbert Genaille, 35, pleaded guilty Monday to one count of sexual interference.

Genaille agreed to admit his guilt in a plea bargain that saw him receive double credit for the one year he has already served awaiting sentencing. He remains in custody on other charges.

Crown attorney Wendy Friesen said the victim, a ward of Child and Family Services, was unlikely to testify had the case gone to trial.

“She described herself as too emotionally unstable to deal with this,” Friesen said.

“This is the best resolution of this matter ... I acknowledge the facts are horrible.”

Court heard Genaille and another man were outside a William Avenue house party, around 6 a.m., July 19, 2008, when the victim and a 15-year-old girl walked by. Genaille invited the girls inside to smoke some crack.

Genaille and the victim smoked crack together. The second girl declined the offer of drugs, left the house and called police.

Genaille and the victim were alone in the house when the girl said she wanted to leave.

“He said no, she had to stay and pay him for the crack she had smoked,” Friesen said.

The girl said no two times before submitting to Genaille’s demands for sex, Friesen said. Police arrived and found Genaille having sex with the girl in the basement.

Judge Tim Preston said Genaille exploited a vulnerable girl and called the incident “very serious.”

“This is the type of crime that would normally bring with it a sentence of some heft,” he said.

Preston sentenced Genaille to an additional 18 months supervised probation.

I disagree with 2 years prison time for this man. Most sex offenders have been abused themselves in childhood and suffer from brain chemical deficiencies as a result. I believe that sex offending is a form of mental disorder, for which one needs counseling and treatment for, not prison. Imprisonment is likely to worsen one's mental condition, with the negative environment, influences, subculture and overcrowding. I believe that sex offenders need help, not prison. This man should have been sentenced to a 2 year conditional sentence combined with probation and be required to participate in court-ordered sex offender counseling and programming in the community.

Drug trafficking auto mechanic sentenced to 4 years prison

Project Divide target pleads guilty

Stuart Richer liked to run with gangsters and party with strippers.

He might still be a free man if he didn’t add drug dealing to the mix.

Richer, 44, pleaded guilty to one count of drug trafficking and was sentenced Friday to four years in prison.

Richer was one of 33 people arrested in a year-long police investigation dubbed Project Divide that targeted members and associates of the Zig Zag Crew, the so-called “puppet club” of the Manitoba Hells Angels.

As in similar stings police enlisted the aid of a paid criminal agent, Zig-Zagger Michael Satsatin, to ensnare criminal targets.

Richer wasn’t an original target of the investigation, but came to police attention through his association with accused Zig-Zagger Ronald Normand.

Police surveillance captured Richer “facilitating” the sale of 55 grams of crystal meth to Satsatin.

Court heard Richer ran errands for Normand and chauffeured him about town for “debt collections.”

Richer received little money for his time — high times in low places were reward enough. Police surveillance captured Richer at a Hells Angels-controlled strip bar, bragging how he received “VIP treatment.”

“It seems to be that Mr. Richer’s interest in working with these individuals is the thrill of the gang lifestyle and access to young women and Mr. Richer was prepared to do these odd jobs from time to time,” said Crown attorney Chris Mainella.

Richer is an auto mechanic with no prior criminal record. A police search of his Anola home found it “full of Hells Angels ‘support wear,’ the kind of items you can’t purchase at your local department store,” Mainella said.

Justice Morris Kaufman rejected defence lawyer Danny Gunn’s argument that Richer’s actions were not motivated by greed.

“I’m not sure where there is a distinction between being greedy for money and being greedy for a good time,” Kaufman said. “He is doing it for a payoff, it just happens to be not primarily money, it’s more like what money can buy.”

I completely disagree with 4 years in prison. I believe that prison should always remain a last resort and not be over-relied upon. All other lesser restrictive measures should be considered first. I believe that only the most dangerous and violent criminals should be sentenced to prisons, not the mentally ill, addicts, first time offenders, non-violent, property or drug offenders. Imprisoning non-violent drug offenders only creates further overcrowding, increased tensions and levels of violence in prisons. This man was a first time offender who made a mistake and got caught up in that lifestyle for a short period. He is not violent, he is not dangerous and he should not be in prison. Prisons are the schools of crime filled with negative influences, subculture, drugs, gangs and pro-criminal attitudes and behaviours. This man will likely become more involved in the gang lifestyle through prison and will receive little assistance when released. Non-violent drug offenders should receive a community sanction, such as a conditional sentence or probation. This man should have received a conditional sentence for his involvement with counseling. 

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

Vicious attack lands man in jail

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Man sentenced for beating fellow gang members' mother

Man sentenced for beating fellow gang members' mother

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

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

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

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

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

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

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

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

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

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

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

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

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

Drug sting puts two men -- football coach and cancer survivor-- in prison

Drug sting puts two men in prison
Ex-coach, cancer survivor each given prison sentence

A respected football coach and a cancer survivor are headed to prison after admitting their involvement in a Hells Angels drug and weapons smuggling operation.

Edwin Panting and Eric Sandberg were two of the most unlikely suspects nabbed last winter in an undercover police sting dubbed "Project Divide". The well-educated men had no prior criminal records or substance abuse issues and came from strong family backgrounds with plenty of community support. Neither had direct ties to the outlaw gang but were drawn in by others.

"The sole motivation here was greed," Crown attorney Chris Mainella told court on Wednesday.

Panting, 25, and Sandberg, 28, were both sentenced to four and-a-half years behind bars, in addition to six months of time already served. Their guilty pleas mean 12 of the 31 suspects have now resolved their cases. Others caught in the criminal net included a former RCMP officer and the cousin of an NHL hockey player.

Panting was a talented football player who had been working as the defensive back coach for the provincial junior team over the past four years, said Mainella. Only days before his December 2009 arrest, Panting had been in talks with Sisler High School about helping to coach their football program.

Police had been monitoring him for several months after he crossed paths with secret agent Michael Satsatin, a former Hells associate who agreed to work for the police in exchange for more than $450,000 and witness protection.

Panting wasn’t an original police target but came onto the radar when he approached the agent in May 2009, telling him he had access to high-quality cocaine that would be 80 per cent pure. He eventually agreed to sell the agent five ounces for $4,500, which went down in the parking lot of the Boston Pizza restaurant on McPhillips Street. The drug he claimed would be "primo" was actually only 14 per cent pure, court was told.

"There seems to be an element in Winnipeg’s drug sub-culture that wants to sell really bad cocaine to increase their profits," said Mainella.

"Who can you trust these days?" replied Queen’s Bench Justice Brenda Keyser.

Panting apologized in court for letting down his family and friends through a series of "poor choices", which included working as an "independent" drug dealer in Winnipeg.

"It is very sad to see someone like you come before me. You’ve probably screwed up your chance of being involved (in football coaching) for quite some time," said Keyser.

Sandberg’s involvement was more extensive - he facilitated the repayment of an $11,000 debt between the agent and a British Columbia drug dealer, sold several thousand ecstasy pills to the agent, and claimed to be able to import several high-powered weapons on request, including a rocket launcher. However, no weapons were sold.

Defence lawyer Gerri Wiebe said her client was diagnosed with colon cancer two years ago and was undergoing extensive treatment, including chemotherapy, at the time of his involvement. He grew up with the agent in Charleswood and had been friends for years. He got criminally involved thinking it was an easy way to make money.

Sandberg also apologized in court Wednesday. His health continues to be a major question mark as he heads to prison, considering his type of cancer only has a 35 per cent survival rate.

"It’s hard to imagine how this came to this, someone with your background and family support," said Justice Shawn Greenberg.

Neither of these men should be in prison! Especially for 4 and a half years!! This is why drugs need to be legalized. It would end the war on drugs. We should NOT be imprisoning non-violent offenders, such as these two men. Imprisonment does not serve any purpose. Only those individuals who pose a great danger to society should be imprisoned, and not for lengthy periods. This is not justice. This is revenge. This sentence for these men sickens me. Far too harsh! If there is no mandatory minimum, the Judge should have better considered all of the mitigating circumstances in these cases, such as no prior record, well-educated, strong family backgrounds and community supports. Prison should always be a last resort and should NOT be over-relied upon. The least restrictive measures should always be considered before prison and in this case, they were not, which is unfortunate. These men are not dangerous, do not pose a risk to society and are not violent. Therefore, prison time is NOT warranted. Prison will likely negatively impact them, with the environment, influences, subculture, gangs, drugs, pro criminal attitudes and behaviours, etc. Prisons also offer little rehabilitation and offenders are released with little assistance.  It is also concerning that the one man with cancer will be in prison as adequate medical services are usually not offered. This man needs help. Prison is not appropriate.

I would have sentenced both of these men to a conditional sentence of 2 years in the community, where they could perform community service work, etc. That would have been a more appropriate sentence, as opposed to prison.

People willing to put drugs in their bodies generally know the risks. Dealers are only providing to a market that is already present in society. If drugs weren't prohibited, they could be better regulated and people would be able to buy them in a safer, government run facility and know what they are actually getting as opposed to relying on the black market for drugs comprised of violent gangs and dealers, where the risks are much greater. Prohibition causes problems and further harm. Besides, legal drugs prescribed by doctors such as oxycontin, do more harm than street drugs. Most street drug related deaths are caused by other factors, not the actual drugs themselves. The legalization of drugs would put drug dealers out of business, reduce prison overcrowding, unclog the courts, and lessen drug distribution crimes because these activities would become lawful. The cost of drugs would be reduced and addicts would commit fewer crimes to pay for their habits.  Drugs are no worse than alcohol or everyday prescriptions drugs. The gov't should not be allowed to control what people wish to put into their own body. The cost of drugs would be drastically less than what dealers sell them for if they were sold and controlled by the gov't. There would be no need to rob and steal for cash as the drugs would be inexpensive.

If you do not know the severely negative affects that prohibition has on society then you should not be trying to make an arguement that has no merit. The war on drugs will never suceed because it is pointless. Alcohol is far worse than most of the drugs on the street an yet it is gov't controlled. There is no reason why these drugs should not fall under the same category.

There are already opiates in prescription drugs. Drugs such as heroin are just that, opiates.

Also as far as drug "addiction" goes, there is no such thing. There is only the choice to reuse. The same applies to an alcoholic. They are only alcoholics cause they choose to keep drinking, not because they can't go without. Crack heads are crack heads because they choose to be, not because they are addicted. I know several people who have experimented with hard drugs and not one of them ever became "addicted". All of them are good members of society. What they did on their own time was none of the government's business. Prohibition is a violation of our rights.

Put the gangs out of business: Legalize drugs 
   

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

Killer admits to assault on sex-trade worker

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

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

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

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

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

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

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

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

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

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

 

Man gets 7 years in violent home invasion -- should have gotten 3 years

Man gets 7 years in home invasion; 12 yr old was threatened with rape

A 12-year-old Winnipeg girl home alone from school with strep throat was terrorized by two armed, masked, drugged-out invaders who mistakenly targeted her West Kildonan residence because they thought it was a crack den, court was told Wednesday.

The victim was able to make a frantic call for help to her parents -- then watched helplessly as her stepfather beat police to the scene and was tied up, pistol-whipped, threatened with a drill and told he would be forced to have sex with the girl if he didn't comply.

"The facts here are absolutely terrifying," provincial court Judge John Guy said as details of the January 2009 incident emerged publicly for the first time.

Christopher Brisson, 33, pleaded guilty to his role in the attack and was sentenced to seven years in prison, in addition to more than 16 months of time already served, which was given double credit. The Crown had been seeking eight more years, the defence just three more years. A co-accused, Richard Petrowski, remains before the courts.

Brisson claims he was high on crystal meth and only planning to do a break-and-enter into a Perth Avenue home he thought was empty and would be filled with drugs, prompting his lawyer to argue this wasn't a "classic home invasion" case. But the judge disagreed, questioning why Brisson went to the residence wearing a Halloween mask and armed with a large knife and pellet gun, which looked like a real firearm.

Brisson submitted a written letter of apology to the court, and spoke briefly Wednesday.

"It disturbs me greatly that there was a child there. It breaks my heart for what happened. It kills me," said Brisson, who is the father of a 15-year-old boy. "I can only imagine what it would be like for him to go through something like that. It really is a tragedy what happened."

The judge asked why he didn't just turn around and leave the home if he was so concerned. Instead, Brisson and his co-accused pointed the gun at the girl's head, made her drop to the floor and terrified her so much that she soiled herself after being told she couldn't use the bathroom, court was told.

The incident began around 2 p.m. when the girl called her stepfather to report that two men were knocking on her door, yelling "Winnipeg police." The stepfather was nearby and said he was on his way and not to answer. The girl then called her mother, who was still on the phone when the intruders kicked down a side door. The mother heard the line go dead and immediately called 911.

"I'm scared," the girl repeatedly told the men, who began rummaging through the house grabbing various items and electronics. Moments later, her stepfather stormed in. He was punched in the face, knocked to the ground and beaten with the butt end of the pellet gun -- all while the girl looked on. The intruders then bound his ankles and wrists with rope, but the stepfather was able to wriggle his hands loose. That prompted Brisson to grab a drill from the home, plug it in and move toward the man.

"He threatened to drill his legs," said Crown attorney Brent Davidson. The intruders also ripped a chain and ring off the man.

Police then arrived on scene, triggering a lengthy foot chase that ended on Scotia Street near the banks of the Red River. Both accused were arrested and have been in custody ever since. The stepfather suffered numerous cuts and bruises, while the girl wasn't physically injured. Both have experienced severe emotional trauma and weren't in court for Wednesday's sentencing.

No victim impact statements were submitted.

"The violence here was gratuitous," said Davidson. He called the rape threat "an instrument of terror" used by the accused.

Brisson has an extensive criminal record, which includes a six-year sentence for a violent gunpoint robbery of a Winnipeg jewelry store in 2001. He is the brother of well-known Manitoba boxer Chad Brisson, who was once Canada's super-lightweight champion.

Brisson also made local headlines last year when he refused to testify against two longtime Hells Angels accused of attacking him with a hammer, which prompted prosecutors to drop charges against the gang associates. Brisson was cited for contempt of court for his silence but has yet to be sentenced.

Violent home invader gets 10 years
A Winnipeg man who beat and bound a West Kildonan homeowner and terrorized his young daughter has been sentenced to 10 years in prison.
Christopher Michael Brisson pleaded guilty to one count of housebreak entry and committing robbery.
Court heard Brisson and another man broke into a Perth Avenue home on Feb. 2, 2009, and falsely announced themselves as police officers. A 12-year-old girl, the lone occupant in the house at the time, was on the phone with her parents when the men stormed in.
Brisson and his partner were looking for drugs and money but had the wrong house, court was told.
The girl’s father called police and went to the home. When he arrived, Brisson and his partner tied the man up, beat him with the butt of a gun and threatened to use a drill on his kneecap.
Arrested
Brisson and his partner were ransacking the house when police arrived and chased them out the back door. They were arrested on Scotia Street, where police seized a knife and an air gun from them.
Brisson received double credit for time served, reducing his remaining sentence to seven years.
Co-accused Richard Karl Petrowski remains before the courts.
Brisson made the news last December when he was charged with contempt of court after he refused to testify against two Hells Angels accused of assaulting him.
Brisson’s refusal to testify resulted in the Crown staying charges against Sean Wolfe and Corey MacInnis.
Wolfe remains in custody in connection with a massive police sting targeting organized crime.

I agree with the defence lawyer, that this man should have only received 3 more years in prison. This was a violent home invasion, this man has a criminal record and is a danger to the public, therefore, I feel that prison time is warranted. However, I would like to know more of the mitigating factors of this offender and more information about his background life, such as any hardships he experienced. I feel that 7 years is too harsh, considering the amount of time this man has already spent in custody. Longer prison sentences can increase rates of re-offending because of the negative environment, influences and prison subculture and can decrease the likelihood of successful reintegration because the inmate becomes dependent and institutionalized by the strict and controlled aspects of prison life. Also, offenders are given little assistance when released and are often not rehabilitated. 

I would have sentenced this man to an additional 3 years in prison, with double time credit. I would have him participate in violence prevention programs, and substance abuse treatment.  

Man sentenced to 5 years for random attack

Random attack nets man 5 years

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

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

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

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

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

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

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

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

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

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

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

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

Carjacker who ran over woman gets 3 years

Carjacker who ran over woman gets 3 years

A man who comes from a family of habitual car thieves has been given a three-year jail term for the violent carjacking of a woman in the city's North End last fall.

The 22-year-old pleaded guilty to robbery during an afternoon provincial court hearing in Winnipeg on Monday.

CBC News is not identifying the man in order to report on his extensive youth criminal record, as well as those of underage members of his family involved in stealing cars and driving them dangerously.

Susan Everett, 43, was dragged, pummelled and run over by the man, who brazenly stole her idling car when she left it unattended in the back lane behind her home on Sept. 4, 2009.

'My body has been seriously injured as well as my heart and my head.'—Susan Everett

When the man jumped into Everett's new Pontiac Vibe and began driving away, the woman reached into the driver's side window and grabbed onto the car's steering wheel to try and stop him from driving off.

Court heard on Monday that Everett's feet were protruding from the window as the car sped away.

Despite the woman's pleas for the driver to stop, the man sped off. He punched Everett twice in the face as she clung to the car and dragged her about 60 metres before running over her leg when she let go of the wheel and fell into the street.

At the time she was run over, the car was travelling at about 60 km/h, court heard.

Everett suffered a number of scrapes, bruises and abrasions, and has been unable to work in the months since the incident occurred, court heard.

"My body has been seriously injured as well as my heart and my head," she said in a victim impact statement read in court.

Everett said her peace of mind has been "ripped away," even though she and her husband have spent $1,000 on extra security measures at their home.

"I get a pit in my stomach every time I turn down my alley," she told Judge Kathlyn Mary Curtis.

"I'm very angry this has happened to me. My husband and I live a quiet life," Everett said.

The man drove the car to an area outside Winnipeg where it was recovered and eventually returned to Everett. The robber was arrested on Sept. 5 and has been behind bars ever since.

'Bad day' triggered violence

According to the man's lawyer, he was staying with relatives just a few houses away from Everett's home and woke up late for work after drinking alcohol the night before.

After he got into a heated argument with his aunt, he left the house "in a huff, quite upset," Greg Hawrysh said.

He saw the running vehicle and jumped into it on "impulse," Hawrysh said.

The man is sorry for what happened after that, the lawyer told court.

"He wants to be a better person," Hawrysh said. "He doesn't want to hurt people anymore — he doesn't want to hurt himself anymore."

'Explaining that it was a really bad day isn't good enough.'—Judge Kathlyn Mary Curtis

Curtis was told that as a teenager in Surrey, B.C., the man was convicted of a number of auto-theft related offences along with possession of stolen property and dangerous driving.

The judge said she didn't buy the man's excuse for the "terrible thing" he did.

"It doesn't cut it," Curtis said. "Explaining that it was a really bad day isn't good enough."

The man was given double-time credit for the nine months spent in custody after his arrest, meaning he has 18 months left to serve. Curtis also ordered him to serve a three-year probation term after he is released.

In a short address to the court, the man said Everett doesn't have to be afraid of him and that he has no plans to bother her again.

"I feel terrible. I'm sorry," the man said.

Curtis suggested the robber's words rang hollow.

"I don't know how much comfort that is to her," the judge said.

Relatives known for car theft

Although he has a different surname, the man's cousins are known in the justice system as the most prolific car thieves in Winnipeg's history.

They are linked to a number of high-profile stolen vehicle incidents and have garnered more than 180 auto theft-related convictions.

The man's 17-year-old cousin was arrested in December and charged with manslaughter in connection to a fatal crash that killed 47-year-old Zdzislaw Andrzejczak, a city mechanic. He remains in custody pending trial.

Andrzejczak died shortly after a stolen 2005 Hummer H2 drove through a stop sign in the North End and slammed into his small car.

Another male relative was Manitoba's first teen auto thief to be given an adult sentence by a judge for his crimes.

Some of the man's cousins have been sued by Manitoba Public Insurance to recoup losses incurred from their auto-theft-related crimes, court records show.

More than $165,000 in civil court judgments have been awarded to MPI against two cousins. Other claims against additional family members remain before the courts.

Carjack incident brings trauma, court told

A Winnipeg woman says she’s afraid to go outdoors after she was beaten outside her home trying to prevent a man from stealing her car.

“I am very angry this happened to me,” the woman told court at a sentencing hearing Monday. “My husband and I live a quiet life. We worked hard and enjoyed spending time around the house and yard. Now I’m afraid to open the door, let alone go out.”

The woman said she and her husband spent thousands of dollars on home security following the September 2009 carjacking. She now carries a personal alarm wherever she goes.

“This incident has wounded me physically, but the emotional scars will take far longer to heal,” said the woman, who told court she has not returned to work since the incident.

Andrew Alexander Slivka, 22, pleaded guilty to one count of robbery and was sentenced to three years in prison.

Slivka said the woman has nothing to fear from him.

“I feel real terrible that she lives in fear,” he said. “I’m not the kind of person to retaliate or do anything ... I want her to recover. I don’t want her to be scared.”

Court heard Slivka jumped in the woman’s Pontiac Vibe as it sat running behind the garage of her Aberdeen Avenue home. As Slivka started to drive away, the woman reached in through the driver’s door window, grabbed the steering wheel and pleaded with Slivka to stop.

Slivka attempted to shake her off the vehicle. When she wouldn’t release her grip on the steering wheel, he punched her two times in the head. Court heard Slivka was driving 60 km/h when the woman, fearing for her life, let go of the car and tumbled to the road.

Police arrested Slivka several days later at a Main Street doughnut shop.

Defence lawyer Greg Hawrysh said Slivka was staying at his aunt’s home on Aberdeen Avenue where the two had been involved in a “heated argument.” Still angry, Slivka left the house, saw the woman’s car and decided to steal it “on impulse,” Hawrysh said.

Slivka told Judge Mary Curtis he had “a really bad day.”

“That doesn’t cut it ... that just isn’t good enough,” Curtis said. “You were lucky the injuries weren’t worse than they were.”

Slivka received double credit of 18 months time served. Curtis sentenced him to an additional three years probation.

I would like to know more about this man's childhood background and other mitigating circumstances. Coming from a family of car thieves, is definitely a major mitigating factor. When surrounded by criminals, I doubt that this man was taught morals, guidelines or values as a child and teen. He was surrounded by negative role models, who clearly had a negative influence on him. I do not believe that this man should have been sentenced to 1.5 years prison. This act was impulsive and I do not believe that prison will address the root causes of his criminal behaviour. It will likely further entrench him in the criminal lifestyle and have a negative impact on him. I believe that he should have been sentenced to a 2 year conditional sentence and 3 years probation, with conditions to participate in programming, community service, restitution, etc. 

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

Wrong man vigilante gets 6 years

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

Escaping from a gang criminal lifestyle, proves to be a challenge

10 year sentence for gang member who shot defector

WINNIPEG - He tried to walk away from a Winnipeg street gang – and ended up paralyzed for life.

Full details of a June 2008 attack emerged publicly for the first time this week, painting a grim picture of the challenge facing those who want to escape a criminal lifestyle.

Justin Meeches, 32, pleaded guilty Monday to shooting the 36-year-old victim twice in the head and back as payback for turning his back on the Indian Posse. He was sentenced to 10-years in prison under a joint-recommendation from Crown and defence lawyers.

"You deserve every minute of the time you will serve," said Queen’s Bench Justice Glenn Joyal.

Meeches admits going to the victim’s Ross Avenue home, armed with a .22 calibre rifle, and opening fire immediately after his former gang associate opened the door. The victim’s spinal cord was severed, leaving him paralyzed from the chest down and confined to a wheelchair.

The man’s girlfriend and a child were in the home at the time. He was rushed to hospital in critical condition but was briefly conscious and able to explain to police what happened. Police sealed off the area and spent hours searching for Meeches, who was able to escape. A Canada-wide warrant was eventually issued for his arrest and he was arrested weeks later.

"There’s no honour among thieves," Winnipeg police Const. Blair Good told the Free Press at the time.

Crown attorney Brent Davidson told court the victim had recently left the Indian Posse, which didn’t sit well with senior members including Meeches.

"He felt that the brotherhood the organization was founded upon was disintegrating and that members were simply interested in exerting their power and controlling the drug trade," said Davidson.

The victim was prepared for violence but only thought he was going to beaten by Meeches, court was told. Defence lawyer Kathy Bueti said Meeches was also planning to leave the Indian Posse once he "sent a message" by shooting the victim.

"He didn’t necessarily want to kill him... he knew a serious injury was possible.," said Bueti.

Meeches was originally charged with attempted murder but the Crown agreed to drop it in exchange for a guilty plea to the lesser offence of discharging a firearm with intent to maim or wound.

Meeches was given credit for 32 months of time already spent in custody, meaning he has another seven years, four months left on his sentence.

Man who wanted out of gang lifestyle, sentenced to 7 years (Previous blog post)

The fear or threat of retaliation from former gang members, is likely why it is very challenging for those who actually desire to exit the gang lifestyle, to do so, which is probably why many remain in the gang so they feel like they belong and do not have to fear retaliation. 

I disagree with the 7 year sentence and feel it is too harsh. The defendant likely came from a background of poverty, unemployment, low levels of education and lived in a neighbourhood filled with negative influences and role models and crime. He probably joined a gang, to feel a sense of belonging, often tied to parental abuse or neglect. 

Prisons are negative environments which do not solve the causes of crime. This man will likely become more involved in the gang and drug lifestyle in prison, as both are prevalent. Prisons do not offer any programs for those involved in gangs and the violence prevention programs they currently offer, are underfunded and have long waiting lists. Overcrowding means that resources and programming cannot be distributed evenly to those who need them. Prisoners are often released with little assistance, no rehabilitation, housing or employment and are more likely to re-offend and return to their previous criminal lifestyle. This is not in society`s best interests. 

I would have sentenced this man to between 2-3 years in a minimum security prison, such as Rockwood Institution, where gang influences are lessened and where he could earn day parole faster to begin working in the community and attending effective community programming. He should be required to attend violence prevention programming, programming and counseling that addresses the underlying causes of his criminal behaviour and be assisted in finding employment.  

Man who wanted out of the gang lifestyle, sentenced to 7 years

Gang ties severed by shooting

They both wanted out of the gang life. The price for one was a lifetime confined to a wheelchair; for the one who put him there, a 10-year prison sentence.

Indian Posse gangster Justin Meeches admitted shooting another gang member in the head and back in a plea bargain that saw prosecutors stay a charge of attempted murder.

Meeches, 32, pleaded guilty Monday to the reduced charge of discharging a firearm with intent to wound.

Court heard the victim left the gang, raising the ire of senior members. “He felt that the brotherhood the organization was founded upon was disintegrating and that members were simply interested in exerting their power and controlling the drug trade,” said Crown attorney Brent Davidson.

When Meeches arrived at the victim’s doorstep June 9, 2008, the man thought he was going to be beaten “and he was prepared to accept that,” Davidson said.

But Meeches shot the man in the back and head with a .22 calibre rifle. The man’s spinal cord was severed and he is now paralyzed from the chest down.

Defence lawyer Kathy Bueti said Meeches was trying to leave the Indian Posse as well and saw the shooting as his “last active involvement with the gang.”

“His intention was to send a message,” Bueti said. “He didn’t necessarily want to kill him (but) he knew a serious injury was possible.”

Justice Glenn Joyal credited Meeches 32 months for time served. His remaining sentence is seven years, four months.

“You deserve every minute of the time you will serve,” Joyal said.

10 year term for shooting of ex-gangster
He tried to walk away from a Winnipeg street gang -- and ended up paralyzed for life.
Details of a shocking June 2008 attack emerged publicly for the first time this week, painting a grim picture of the challenge facing those who want to escape a criminal lifestyle.
Justin Meeches, 32, pleaded guilty Monday to shooting the 36-year-old victim in the head and back as revenge for leaving the Indian Posse. He was sentenced to 10 years in prison under a joint-recommendation from Crown and defence lawyers.
"You deserve every minute of the time you will serve," said Queen's Bench Justice Glenn Joyal.
Meeches admits going to the victim's Ross Avenue home, armed with a .22-calibre rifle, and opening fire after his former gang associate opened the door. The victim's spinal cord was severed, leaving him paralyzed from the chest down and confined to a wheelchair.
The man's common-law wife and three young children were in the home at the time. Police sealed off the area and spent hours searching for Meeches, who was able to escape. He wasn't arrested until January 2009 and has been in custody since.
"I hope in the future he can forgive me for what I did. I'm sorry his family had to go through that, too," Meeches told court.
Crown attorney Brent Davidson said the victim had recently left the Indian Posse, which didn't sit well with senior members including Meeches. The man had been receiving several threats from other gangsters preceding the shooting.
"(The victim) felt that the brotherhood the organization was founded upon was disintegrating and that members were simply interested in exerting their power and controlling the drug trade," said Davidson. "He was basically told he better start coming around or there would be problems. He tried to stay out of sight, out of mind."
The victim was prepared for violence but only thought he was going to beaten by Meeches, court was told. Defence lawyer Kathy Bueti said Meeches was also planning to leave the Indian Posse once he "sent a message" by shooting the victim.
"He was taking instructions from another member of the gang," she said. "He didn't necessarily want to kill him... he knew a serious injury was possible."
Meeches was originally charged with attempted murder but the Crown agreed to drop it in exchange for a guilty plea to the lesser offence of discharging a firearm with intent to maim or wound. Davidson said the victim has moved out of the city with his family and had safety concerns about returning to testify.
Meeches has been a member of the Indian Posse since the age of 15 and has a lengthy criminal record, court was told.
He was given double-time credit for the 16 months he has spent in pre-trial custody.

I completely disagree with the 7 year sentence. I feel that is far too harsh. I would like to know more about the mitigating factors in this case, the accused's background life, prior record, etc. Prisons are negative environments which do not solve the causes of crime or the social and economic contributing factors. Gangs, drugs, the prison subculture and pro-criminal behaviours and attitudes are prevalent which will likely have a negative impact on this gang member. It is likely that he will become further involved and entrenched in the gang and criminal lifestyle while in prison. Also, prison programs are underfunded and have long waiting lists. Overcrowding, means that prison resources and programs cannot be distributed evenly to all of those who need them most. Prisoners are often released with little assistance, no rehabilitation, substance abuse issues, no housing and no employment and no skills. 

If I were the judge, I would have sentenced this man to a 2 year conditional sentence where he would be required to participate in a gang desistance and prevention program, counseling, and attend programming to address the underlying causes of his criminal behaviour and gang lifestyle.