Gang members plead guilty to kidnapping

Gang members plead guilty to gunpoint kidnapping

Two members of Winnipeg street gang have admitted to a gunpoint attack against the mother of one of their criminal colleagues.

Jammal Dillinger Jacob and Michael Brandon Williams pleaded guilty Wednesday to charges including kidnapping, forcible confinement and aggravated assault. The pair, who have ties to the Mad Cowz, will be sentenced later this year.

The 40-year-old victim immigrated from South Africa and has described her ordeal as comparable to the violence she witnessed in refugee camps prior to coming to Canada. 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.

Jacob, Williams and another gang member had known the victim for years because of their affiliation with her son. The trio 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 in 2007.

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.

They 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.

Cory Amyotte, 23, pleaded guilty earlier this summer to aggravated assault and extortion and was sentenced to four years in prison. Amyotte and Jacob have previously 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 earlier this year 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.

Jacob was sentenced in 2008 to two years in prison for refusing to testify at Spence's trial. He was originally given three years behind bars for contempt of court but had it reduced on appeal to two years.

These gang members should not be given overly harsh sentences. Gangs often flourish in prisons and ties are often strengthened with antisocial criminal peers. Gang members readily subscribe to the prison subculture consisting of pro criminal attitudes, values and behaviours. They are often released with little to no rehabilitation, no skills, education, or assistance/support in the community and are therefore, much more likely to resort back to crime. I feel sorry for gang members because they often join due to a lack of belonging and sense of affection, respect and identity within their biological families and therefore, they fulfill these needs in other ways, for example, by joining gangs. Family conflict, neglect, abuse, dysfunction, etc. often underlies the reasons why individuals join gangs. Those issues need to be addressed effectively. I would sentence these gang members to 2 years in prison followed by community support, intensive supervision, family counseling, and community programming aimed at gang desistance. 

Preliminary hearing begins for woman charged with baby's kidnapping, attempted murder

Hearing begins for woman charged with baby's abduction, attempted murder

WINNIPEG - A Manitoba judge has started hearing evidence against a Winnipeg woman charged with abducting and trying to kill a 14-month-old baby.

Nikita Solange Eaglestick, 20, has pleaded not guilty to several offences -- including attempted murder -- stemming from the September 2009 attack that made headlines across the country. Her two-day preliminary hearing began Thursday with provincial court Judge Theodore Lismer imposing a publication ban on specific details of the proceedings.

Lismer will have to determine if there is sufficient evidence to order Eaglestick to stand trial.

Eaglestick has been accused of grabbing the infant from a residence in the 100 block of Gilbert Avenue, then beating the girl’s head on a sidewalk until a bystander - hailed a hero by family members - intervened.

Vanessa Houle was initially rushed to hospital in critical condition but has made a full recovery. Eaglestick had no connection to the baby but had apparently been inside the home of the child’s mother drinking alcohol before the attack occurred. At the time, police said they didn’t know the motive for the incident.

Eaglestick has been in custody since her arrest. The Free Press previously revealed she was out on bail at the time of the incident after the Crown consented to her release days earlier, despite the fact she was facing a total of 14 criminal charges including nine alleged breaches of previous court orders stemming from the preceding two months.

None of the allegations have been proven and she is presumed innocent.

Man sentenced in robbery case

Reluctant victim triggers deal in carjacking case

JUSTICE officials have struck a deal in a violent carjacking case after the victim -- a married father from the suburbs -- was reluctant to testify against the drug-addicted sex trade worker and pimp who attacked him.

Crown attorney Raegan Rankin told court Tuesday the man initially lied to police about the circumstances of the September 2009 attack and has apparently kept the facts of the incident from loved ones.

"He is very happy not to have to testify. He was hoping not to have to come to court and tell family and friends what he did. This situation obviously went terribly wrong for him and he's embarrassed," said Rankin.

Keith Banman and his girlfriend, Denise Pashe, pleaded guilty to robbery with a weapon after the Crown dropped more serious charges of kidnapping. Banman, 30, also pleaded guilty to motor-vehicle flight from police and was given three years in prison.

Pashe, 26, had her sentence adjourned until later this spring. She remains in custody after recently breaching her bail conditions.

The 30-year-old victim was apparently on his way to work when he decided to solicit sex from Pashe, who was standing near the corner of Ellice Avenue and Arlington Street. He agreed to pay her $40 and was told by the woman to drive to a nearby secluded location. Banman was waiting there and quickly jumped inside the car, holding a knife to the man's throat.

The couple demanded he drive to a bank machine and withdraw some cash, then kicked him out of his GMC Sierra pickup truck and went on a high-speed ride through the inner city, court was told.

Police spotted the stolen vehicle several hours later and tried to pull it over. Banman sped away, blowing through several red lights and going as fast as 80 km/h before losing control and crashing into a tree near Notre Dame Avenue and Harriet Street. Banman and Pashe were taken to hospital for treatment of minor injuries, then held in custody and charged.

The victim first told police he was randomly attacked by two knife-wielding men who jumped into his car -- but later admitted the truth once Banman and Pashe explained how they met their victim. He briefly considered just letting his vehicle go and not even filing a report to spare himself the potential humiliation, said Rankin.

Banman and Pashe are parents of a five-year-old child and both have severe addictions to cocaine and alcohol, court was told. Both were high on the morning of the attack and wanted cash to get more drugs.

Banman has an extensive criminal record spanning more than a decade, including numerous convictions for theft, robbery and breaching court orders. He has also attended numerous programs over the years with little success, including anger management, drug and alcohol counselling and even a parenting course.

First of all, I don't think this couple should receive prison time, even though the crime they committed was serious. They are both parents of a young child, and have severe addictions. I realize that the man has been through numerous programs with little success, but I think that he needs more intensive treatment and help, to overcome these problems. The article does not state whether he attended those programs in prison or in the community. If in prison, they are not as successful or as intensive as the ones in the community. 

I think they both need more than just addictions counseling. Maybe they need to live in a residential treatment centre, receive employment and training assistance, etc. Obviously if the woman is a sex trade worker, she is not employed elsewhere. 

If I were the Judge, I would sentence each of them to a 2 year conditional sentence. It would involve attending a 9 month residential treatment facility for a period of time, taking courses on parenting and counseling to uncover the root causes of their addictions and problems. After treatment, I would order them to live in a halfway house so they could be reintegrated and build on their living skills and employment skills.   

Man sentenced to prison for botched kidnapping

Man sentenced to prison for botched kidnapping

Jeremy Egan couldn't hold back the tears as he denounced his participation in the botched kidnapping of a Winnipeg drug dealer.

"I'm embarrassed standing here," Egan told a judge before being sentenced to eight years in prison. "I just want to make a change, be there for the people that matter, not the people who don't."

Court heard Egan, 33, and two other men were acting as "muscle" for a "mid-level independent drug dealer" when they followed the 28-year-old victim to his Logan Avenue workplace and attempted to kidnap him, Jan. 28, 2008.

Crown attorney Dan Chaput said the alleged ringleader was supplying the victim with large quantities of cocaine which he then sold through his "dial-a-dealer" operatives. Chaput said Egan and his cohorts planned to rob the victim of drugs or money, believing that would force him to buy more drugs from the ringleader.

They didn't make it that far. Egan and another man, Patrick Keith Hiltz, 30, tried unsuccessfully to drag the victim out of his car and Hiltz hit him in the head with the butt of a handgun. The commotion caught the attention of the victim's co-workers who attempted to intervene. Chaput said Egan urged Hiltz to "shoot them" before they fled the scene.

The alleged ringleader and "puppet master" watched the drama unfold from a car a short distance away, Chaput said.

Egan pleaded guilty to attempted kidnapping, assault causing bodily harm, and several firearms offences.

"Mr. Egan was the muscle... but he knew what he was getting into," said his lawyer Jeff Nichols.

Egan, a former professional boxer, has a prior history of violent and drug-related offences. He was sentenced to jail in 2004 for assaulting an off-duty cop at a movie theatre.

Justice Brenda Keyser told Egan he will have a hard time landing a job with his criminal record, but it's time he tried.

"You've done a spectacularly bad job of being a criminal, so maybe you should try the opposite," Keyser said.

Egan received double credit of 26 months for time served, which will be deducted from his total sentence.

Hiltz has been granted full immunity from prosecution in return for testifying against his three co-accused.

Biniam Fitur, the alleged ringleader, and co-accused Pedro Maldonado are set to stand trial in January 2011.

Maldonado is currently serving a three year prison sentence for dangerous driving causing death.

Twenty-year-old Shauntelle Roulette was a front-seat passenger in Maldonado's Pontiac Grand Prix shortly before 2 a.m. on May 7, 2004, when Maldonado lost control of the car on Portage Avenue between Clifton Street and Valour Road. The vehicle jumped the centre median and tore out a fire hydrant and several trees before crashing into George Richards Big and Tall Menswear store.


Jeremy Egan couldn’t hold back the tears as he denounced his participation in the botched kidnapping of a Winnipeg drug dealer.
“I’m embarrassed standing here,” Egan told a judge before being sentenced to eight years in prison. “I just want to make a change, be there for the people that matter, not the people who don’t.”
Court heard Egan, 33, and two other men were acting as “muscle” for a “mid-level independent drug dealer” when they followed the 28-year-old victim to his Logan Avenue workplace and attempted to kidnap him on Jan. 28, 2008.
Crown attorney Dan Chaput said the alleged ringleader was supplying the victim with large quantities of cocaine which he then sold through his “dial-a-dealer” operatives. Chaput said Egan and his cohorts planned to rob the victim of drugs or money, believing that would force him to buy more drugs from the ringleader.
They didn’t make it that far. Egan and another man, Patrick Keith Hiltz, 30, tried unsuccessfully to drag the victim out of his car and Hiltz hit him in the head with the butt of a handgun. The commotion caught the attention of the victim’s co-workers who attempted to intervene. Chaput said Egan urged Hiltz to “shoot them” before they fled the scene.
The alleged ringleader and “puppet master” watched the drama unfold from a car a short distance away, Chaput said.
Egan pleaded guilty to attempted kidnapping, assault causing bodily harm, and several firearms offences.
“Mr. Egan was the muscle ... but he knew what he was getting into,” said his lawyer Jeff Nichols.
Egan, a former professional boxer, has a prior history of violent and drug-related offences. He was sentenced to jail in 2004 for assaulting an off-duty cop at a movie theatre.
Justice Brenda Keyser told Egan he will have a hard time landing a job with his criminal record, but it’s time he tried.
“You’ve done a spectacularly bad job of being a criminal, so maybe you should try the opposite,” Keyser said.
Egan received double credit of 26 months for time served, which will be deducted from his total sentence.
Hiltz has been granted full immunity from prosecution in return for testifying against his three co-accused.
Biniam Fitur, the alleged ringleader, and co-accused Pedro Maldonado are set to stand trial in January 2011.

I had a difficult time understanding this article and the crimes committed. The article did not do a very good job of explaining everything. I find the article biased in that it does not offer explanations of the offender's behaviour, by the defence lawyer. It is slanted by only offering what the Crown said. It also does not include the background info on the offender, and/or any hardships, such as poverty, unemployment or drug addictions.

8 years for drug-trade related kidnapping bid 

A Winnipeg man has been sentenced to eight years in prison for a brazen daytime abduction attempt that ended in chaos outside a city business.
Jeremy Egan, 33, pleaded guilty to several charges Tuesday stemming from the bizarre January 2008 incident, including attempted kidnapping, pointing a firearm and assault causing bodily harm.

"I just want to put this behind me. I want to be a good father and role model for my son," a tearful Egan told Court of Queen's Bench Justice Brenda Keyser.
Crown attorney Daniel Chaput said the plot was hatched by a high-level drug supplier who wanted to steal nearly $100,000 worth of cash and cocaine from the victim -- a regular customer of his who dealt drugs at the street level -- so he would have to purchase even more product from him.
Egan and two other men were recruited to be the "muscle" and spent several days planning the attack. They conducted surveillance on their target, obtained a handgun and car and were given specific roles to play. They also bought gloves, balaclavas, zip ties and pillowcases.
"It was decided that as much force would be applied as necessary," Chaput said. The accused wanted to force their victim to turn over his BlackBerry password, so they could access his network of drug contacts and steal from them as well, court was told. The "puppet master" who came up with the plan would not be directly involved, Chaput said. "He wasn't going to get his hands dirty."
The three would-be kidnappers followed the victim from his home to his workplace -- a Logan Avenue autobody shop -- on the morning of Jan. 28. They quickly boxed in the victim's car and surrounded him, waving the gun around and beating their target over the head with the butt end. The victim fought back, leaning on his car horn and refusing to unbuckle his seatbelt. Several co-workers heard the commotion and came running outside.
Egan repeatedly shouted "Shoot them, shoot them" to one of his gun-toting accomplices, Chaput said. But the firearm wasn't loaded and the two men fled in a waiting vehicle driven by the other accused. The victim suffered a large cut on his head, but wasn't seriously injured.
Police obtained surveillance video of the incident from a business across the street and quickly identified the suspects. They found Egan hiding inside a closet in a home and eventually seized a gun with his DNA and blood from their target on it.
Egan is the first of the accused to deal with his charges. The others remain before the courts.

Defence lawyer Jeff Nichols said his client comes from a loving, supportive network of family and friends, but has made some terrible choices in life based on his connection to the drug trade.

"You've already wasted a good chunk of your life," Keyser said. "You weren't raised to do the kind of things you've pleaded guilty to here. You have to get out of the drug scene. That's what's led you down this path."
Egan has spent the past 25 months in custody, which was given double-time credit of 50 months. That leaves him with three years, 10 months left to serve.

Personally, from the facts I was given, feel that 8 years is too harsh for an attempted kidnapping. This man is a father and comes from a supportive family, but just made some bad choices in life and was influenced by the peers he surrounded himself with. I do think that prison is needed in this case, as this man has a prior history and kidnapping is a serious offence, but I think that 3 years or so, would be more appropriate. The article did not mention any mitigating factors in this case, such as drug addictions, which are likely and if that is the case, they are best dealt with using community sanctions. Offenders find ways to get drugs into prison, and in more dangerous ways at that. In that case, I would sentence this man to between 3-4 years prison and have mandatory drug counseling/addictions treatment upon release. He should also be given help to secure employment to help support his family, upon release.     

Man pleads guilty to home invasion and kidnapping

Man, 29, guilty in kidnapping, home invasion

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.

Man pleads guilty to home invasion

Man pleads guilty to violent 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.

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

18 years for posing as cop and raping teen

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

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

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

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

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

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

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

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

Defence lawyer Patricia McNaughton said there will be no appeal.

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

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

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

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

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

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

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

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

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

Alberta teen's kidnapper sentenced to 18 years

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

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

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

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

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

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

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

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

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

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

Abductor diagnosed as sexual sadist

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

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

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

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

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

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

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

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

Kidnap, rape of ex-wife nets Calgary man 11 years

Kidnap, rape of ex-wife nets man 11 years

Knocking his ex-wife unconscious, handcuffing her in her car and kidnapping her to B.C., where he twice raped her, has landed an Airdrie man a more than 11-year prison term.

And provincial court Judge Peter Barley, in a written decision released Monday, ordered the man to serve at least half his term before he can seek parole.

Because of remand time, the man’s entire punishment was the equivalent of nearly 13 1/2 years, but Barley reduced that period to 11 years and two months.

The man, who can’t be named to protect his victim, went to his former residence in January 2009 where he attacked his ex-wife with a ratchet by hitting her in the head.

His teenage children arrived home around noon to see their father driving away in their mother’s car.

Two hours later they called police to report their mother was missing.

When investigators arrived they found evidence of a fight, including smudges of blood, drag marks in the garage and duct tape on the fridge, Barley noted.

The man’s truck, which had been left behind, contained a suitcase holding rope, a sex toy, handcuff keys and lubricant.

After learning the father had used his debit car at a Radium, B.C. motel, police kicked in the door of the room to find the naked and beaten victim in bed with him and a rope fashioned as a noose on the floor.

The woman later told police she was having a normal conversation with her ex-husband when he suddenly struck her with a ratchet, and choked her unconscious.

He then dragged her to her car and handcuffed her in her passenger seat.

On the way to B.C. he fondled her in the car before raping her twice in the motel room.

Barley said the man’s conduct, which included repeated attempts to contact his victim after the attack, was particularly egregious.

“This was an attack on a woman with whom he was in a position of trust, starting in her own home,” he said.

“It involved the use of a weapon, and violence that caused significant physical injury,” said Barley.

“The events were protracted, with multiple sexual assaults.”

No information is given pertaining to this man's background, which I would like to know, in order to make an informed opinion. However, with the information I am given, I would say that 11 years sounds reasonable, especially if this man has a history of criminal activity or violence. He must serve 5.5 years before becoming eligible for parole which I think is appropriate. This was a violent attack on his wife. 

Carjacker sent to 4 years in prison

Carjacker who traumatized family gets 4 years

A woman has been sentenced to four years in prison for a carjacking that traumatized three generations of one family.

Jamie Zebrasky, 33, was still on parole for robbery and break and enter charges when she confronted an 86-year-old man, his 60-year-old daughter and her 27-year-old son in the parking lot of Polo Park mall on July 12, 2009.

Court heard she threatened the victims with an imitation handgun and demanded money before forcing them into the car and ordering them to drive her to a service station on Keewatin Street.

When the female victim said she was unable to drive due to a foot injury, Zebrasky said she would “pop her” if she didn’t co-operate, Crown attorney Lisa Cupples told court.

The younger male victim drove the car to the service station, where Zebrasky robbed the trio of $300 and exited the vehicle. She told the victims “if it wasn’t for the 86-year-old man she would have taken the vehicle too,” Cupples said.

Zebrasky wasn’t arrested for the carjacking until a month later, when she was arrested driving in a stolen car. While in custody on that charge, an informant identified Zebrasky’s daughter as a suspect in the carjacking.

When questioned about the incident, the daughter told police Zebrasky came home with a large amount of cash and a story about robbing a family at gunpoint.

Cupples said the 60-year-old victim was asked to provide a victim impact statement to the court, but she is “terrified ... and didn’t want anything to do with this proceeding.”

All three victims “have complete fear of her to this day.”

Zebrasky spent the stolen money on groceries, said defence lawyer Ted Mariash.

“This wasn’t done for drugs,” he said. “It was done for her family. She acknowledges that doesn’t make it right.” Zebrasky pleaded guilty to robbery with an imitation firearm, kidnapping and possession of goods obtained by crime. That last charge is in connection with her arrest in the stolen car.

Judge Marvin Garfinkel gave Zebrasky double credit of one year for time served and ordered her to serve an additional nine months on the stolen car charge.

I think that the circumstances of why this woman committed this act, should be examined. She bought groceries with the stolen money, not drugs or alcohol. This shows that she may have been living in poverty and was just doing what she needed to, to survive and help her family survive. Her motives are different than those who would rob an individual with intent to harm them or to obtain drugs to harbor an addiction. I feel that 4 years is too harsh considering the circumstances. She will be serving her time in Edmonton, in the federal prison for women and will be separated from family and friends, which is very hard. I believe that she should have been sentenced to only 2 years less a day with some probation, maybe 1-2 years. 

Crown is seeking 16 year sentence for Edmonton man who kidnapped and sexually assaulted woman

Crown seeks 16 year sentence for man who abducted, raped city woman 

- An Edmonton city man who committed “every woman’s nightmare” when he abducted a stranger at knifepoint and raped her in her home should be handed a 16-year prison term.

- That’s what Crown prosecutor Avril Herron argued Tuesday at a sentencing hearing for Philip Skulnec.

- The 31-year-old electrician was convicted on Nov. 20 of sexual assault causing bodily harm, kidnapping, unlawful confinement and possession of a dangerous weapon stemming from a Dec. 1, 2007, attack in the Oliver area.

- “The attack was random, terrifying and degrading,” said Herron. “To use a cliche, the experiences of the victim in this matter are the subject of every woman’s nightmares.”

- Defence lawyer David Paull suggested a sentence of between six and eight years, arguing it isn’t the worst case of its kind and saying “as creepy as it sounds,” Skulnec at times treated the victim “like a girlfriend.”

- Court of Queen’s Bench Justice Denny Thomas responded by asking about the fact he had found Skulnec guilty of “sodomizing” the victim with a 40-ounce rum bottle.

- When asked if he had anything to say, Skulnec asked for “mercy” and maintained he is “innocent” of the crimes.

- Thomas is slated to sentence Skulnec Wednesday.

- Skulnec’s claim it was a consensual “night of wild sex” was rejected by the judge over the victim’s tale of “sheer unmitigated horror” and a “night of terror and pain.”

- Thomas also said it “defied belief” that the victim would have willingly got together with a complete stranger who was intoxicated and agreed to undergo “degrading” acts.

- The victim — a 27-year-old European who cannot be identified under a publication ban — had testified a machete-armed Skulnec followed her out of the elevator at her Oliver apartment building, chased her up a stairwell, then forced her into her 15th-floor suite. The woman said she underwent a 5½-hour ordeal where her hands and ankles were bound, she was made to snort cocaine and was then raped and violated.

I agree with the Defence's suggestion of between 6-8 years for this man. I feel that 16 years is far too harsh. Again, prison is not effective in deterring crime and does not decrease the crime rate. It has damaging effects on inmates and I feel that only the most dangerous and violent repeat offenders should be sent there. Yes, this was a horrible act that he committed, but we don't know if he has a lengthy and/or violent record. 

Edmonton pedophile pleads guilty to numerous charges; faces dangerous offender designation

Pedophile pleads guilty 

- An Edmonton pedophile with a long history of attacking children is facing being tagged a dangerous offender after admitting abducting and raping two young girls.

- Danial Todd Gratton, 45, pleaded guilty Monday to two counts of sexual assault, two counts of kidnapping, administering a noxious substance, uttering threats and two counts of failing to comply with an order prohibiting him from having contact with children under 18.

- The Crown announced its intention to proceed with a dangerous offender application against Gratton and a judge ordered the pedophile to undergo a 60-day psychiatric assessment at Alberta Hospital.

- The two October 2008 sex attacks happened after Gratton had served a six-year prison term for sexually assaulting six children and was back in the community under supervision as part of a 10-year, long-term offender order.

- According to agreed facts, on Oct. 3, 2008, Gratton drove up to two girls he knew casually who were rollerblading in the parking lot of the north-side apartment complex he lived at and asked if they wanted to go for ice cream.

- One girl got into the back seat of Gratton’s Jeep and, as the other one went off to ask her grandfather for permission, Gratton drove away and headed for a secluded area in south Edmonton where he sexually assaulted the girl.

- According to the facts, the 10-year-old victim cried, screamed and tried to kick Gratton, but to no avail. After, he apologized and said he would never do it again and told her she could not tell anyone about what happened.

- Despite being scared, the girl told her mother about the attack and they reported it to the police.

- Two days later, Gratton drove up to a north-side school where a seven-year-old girl was playing with her brothers and asked them if they would like to see some kittens.

- After the girl said yes, Gratton picked her up and put her in the back seat before driving off. A neighbour witnessed the abduction, told the girl’s mom and police were called. An AMBER Alert was then broadcast.

- Meanwhile, Gratton took the girl to a wooded area in west Edmonton and sexually assaulted her in spite of her crying, screaming and pleading for him to take her home.

- After the attack, he gave her some antidepressant pills and drove to Wildwood, where he sent her to the hotel restaurant, gave her $10 and a note saying she had been dropped off and to make sure she gets home safe.

- Police were called and she was returned to Edmonton.

- Gratton was arrested that night and confessed the next day, telling a detective he had been having sexual fantasies about young girls for some time and acted on them.

- He also said the depth and degree of his problems are more severe than the average sex offender and high intensity treatment programs have not helped.

- “I just can’t seem to – can’t seem to get rid of it,” he said.

- National Parole Board documents reveal that Gratton has a history of pedophilia dating back to when he was 12. 

This man is a repeat offender and even after having served a prison term, long term offender supervision and attended high intensity sex offender treatment programs, is still committing crimes and acting out his sexual fantasies. Obviously, nothing is working with this man. I feel he should be labelled a dangerous offender and held indeterminately in prison until he is no longer a risk to society. He should be given more treatment programs and counseling and possibly medication as well.