Man with numerous probation breaches, given another chance at freedom

Man "likely to kill" but gets release -- Psychiatrist's opinion, Judge's reservations, breached conditions not enough to detain him

A Harvard-educated Winnipeg businessman with a history of terrorizing his estranged family is back on the streets, despite a psychiatrist's opinion he is "likely to kill."

The man -- who the Free Press is not naming to protect the identity of his victims -- was arrested last week for allegedly breaching conditions of his bail and probation orders.

Provincial court Judge Ray Wyant agreed to release him back into the community despite expressing serious concerns.

"There are a lot of things... that raise a lot of red flags for me," Wyant said in a hearing that wasn't covered by a publication ban.

Crown attorney Terry McComb argued the man, who is in his 30s, should remain behind bars. He spent nearly an hour going through extensive details of the man's troubling behaviour. He has been diagnosed with a narcissistic personality disorder and has made repeated threats to go on a deadly shooting spree against those he believes wronged him.

"He speaks of himself as being a ticking time bomb," McComb told the judge.

"He speaks of having a holy war, of having another Columbine or Virginia Tech" (massacre).

The man pleaded guilty in a Kenora courtroom last year to holding his parents hostage for several hours inside their Lake of the Woods cottage. He was under both a bail order and a restraining order to have no contact with them at the time of the 2007 incident, court was told.

The man, who has both Canadian and American citizenship, chartered a boat on the U.S. side of the lake, used a bogus name to get through customs then broke into the cottage, armed with an aluminum bat.

He ordered his parents to sit on a couch, saying "I could kill you both right now."

He blamed them for problems with his business interests and difficulties he had with his ex-wife and her family, who are also prominent Winnipeg business owners. He was also angry at not being allowed to see his children without supervision, court was told.

"Ultimately his parents were able to talk to him, to calm him down and he said he couldn't kill them," McComb said.

The man admitted to charges of criminal harassment, unlawful confinement, uttering threats, assault with a weapon and numerous breaches. He was given time in custody and two years of probation, which would be monitored by Manitoba's high-risk offender unit.

He still faces two charges of uttering threats from 2007. Those involve allegations he said he would kill his parents, his ex-wife and several members of her family during telephone conversations. He claimed he had "bought a .45 from a black man" and was prepared to use it.

"He said this would be all over the news, that he was incapable of surrender. He said 'I'll fight to the death. This is war. It will go down in blood. I don't care if I go out in a hail of bullets,' " McComb told the judge.

The man's trial on those charges is set for this fall. He's free on bail, and his conditions include a nightly curfew and non-contact order. He has reluctantly attended court-ordered counselling but has shown little interest in taking responsibility, court was told.

Last month, he told his psychiatrist he would no longer participate in conversations and would instead do yoga during future sessions.

"He apparently feels the whole system should bend to him. He doesn't appreciate how serious this is," McComb said.

"(The psychiatrist) does indicate he believes... he is likely to kill."

Police arrested the man last week after probation officials conducted four curfew checks in which he didn't answer his telephone at the Pembina Highway hotel where he lives with his new girlfriend, court was told.

The man took issue with his arrest during his bail hearing, in which he acted as his own lawyer. He said he was inside his room, as required, but never heard the phone ring.

"I haven't breached. I don't take my release lightly. My freedom is very important to me," he said. The man blasted the Crown, police and probation officials for targeting him.

"The system keeps screwing me," he said. "I'm hearing a lot about a monster. That person I don't recognize as myself. I'm trying to work towards peace and reconciliation. I do not have any major mental problems. I'm not capable of doing these things that people said I could do. I'm not a danger to society."

The man spoke for nearly 30 minutes straight, pleading with Wyant to give him another shot at freedom. He bragged about his many accomplishments, from his education at a prestigious U.S. college and winning a Winnipeg business award, to dominating the competition during weeknight floor hockey games at a Winnipeg church.

"I'm the top scorer, by the way. But that sounds narcissistic, so I won't say that," he told the judge. The man also compared his plight to that of Mahatma Gandhi and Martin Luther King Jr.

"I'm a guy who's been dealt a bad break by his family," he said.

Wyant chastised the man for his "me, me, me" attitude, noting he has already been convicted of serious criminal charges. However, he agreed to give the man one more shot at bail, warning any further breaches would likely result in a lengthy stay in jail.

"The authorities are going to be watching your every move," he said.

First of all, the headline is very biased. You can immediately know the author's opinion (that he feels this man should be held in custody) from the way he puts the psychiatrist's opinion as if it were a fact, in the headline. News stories are supposed to be unbiased. It is also biased in the fact that fails to state anything about the accused's background life, which may be a mitigating factor, or any other mitigating factors. 

I agree with the decision to release this man on bail. He is a successful university graduate and businessman who suffers from a personality disorder, which needs to be treated. That cannot happen in jail. His condition would likely only worsen. I agree with the bail but also feel this man should have to adhere to very strict conditions, including attending counseling and treatment. 

This man missed 4 phone calls. It doesn't mean he breached his curfew. That's not even a serious violation. He has been on bail without breaching for 3 years so the Judge obviously considered the fact that he does appear to abide by his court orders. The breach of probation charge could be something simple and not serious such as failing to keep the peace. It could be a simple mistake. Just because he breached his bail and probation doesn't mean he is any more dangerous. It doesn't mean that because he breached his bail and probation that he's alleged to have committed two separate offences. Failing to keep the peace is a breach that an officer lays any time someone on probation picks up a new charge. 

In addition, he has previously only expressed aggression and anger towards family members and relatives, not anyone from the general public, so I do not think he would be a danger to the public. 

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. 

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.