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

Thursday, June 10, 2010

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


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.  

Wednesday, June 2, 2010

Angry father targets wrong man in revenge attack, 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. 
 
 

Thursday, April 1, 2010

Man pleads guilty to home invasion and kidnapping


A 29-year-old man has pleaded guilty to the violent home invasion and gunpoint kidnapping of a Steinbach-area couple.

Evan Woywoda was set to go on trial in late April but changed his mind Wednesday and elected not to fight the charges. He has been in custody since the August 2008 incident and will be sentenced later this spring.

RCMP said at the time the victims were abducted in the middle of the night from a home in the Rural Municipality of La Broquerie by two men armed with a rifle. The husband was taken first but managed to escape. The accused then returned to the home and grabbed his wife, driving her to a bank in Steinbach where she was ordered to withdraw cash.
The woman was rescued by police, who spotted the suspect vehicle and arrested the accused without incident. Neither victim suffered any serious physical injuries.
RCMP believed the unusual incident was an attempted extortion. It's believed at least one of the accused knew the victims.

A co-accused, Danilo Wiebe, previously pleaded guilty to similar charges for his role and was sentenced to 11 years in prison.

Wednesday, March 31, 2010

Man pleads guilty to home invasion


A 29-year-old man from rural Manitoba pleaded guilty Wednesday to the violent home invasion and gunpoint kidnapping of a Steinbach-area couple.
Evan Woywoda was set to go on trial in late April but changed his mind and elected not to fight the charges. He has been in custody since the August 2008 incident and will be sentenced later this spring.

No details of the evidence have been presented in court.
RCMP said at the time the victims were abducted in the middle of the night from a home in the Rural Municipality of La Broquerie by two men armed with a rifle. The husband was taken first but managed to escape. The accused then returned to the home and grabbed his wife, forcing her into a vehicle and driving her to a bank in Steinbach where she was ordered with withdraw cash.

The woman was rescued by police, who spotted the suspect vehicle and arrested the accused without incident. Neither victim suffered any serious physical injuries.
RCMP believed the unusual incident was an attempted extortion.
Woywoda admitted Wednesday to kidnapping, break and enter commit robbery, use of a firearm and point firearm. A co-accused, Danilo Wiebe, previously pleaded guilty to similar charges and was sentenced to 11 years in prison.