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.

Monday, March 29, 2010

9 years for drive by shooting that injured toddler


An Alberta man has been sentenced to nine years in jail for firing a rifle at a house, striking a toddler inside.
Christopher Crane was given a six-year sentence for the aggravated assault on young Asia Saddleback in April 2008.
He was also given six years for a previous crime of armed robbery; his sentence was reduced to represent the time he had already spent in custody.
The toddler, now three-years-old, still has a bullet between her liver and spine.
Court has heard that Crane began doing drugs before he was even a teenager, dropped out in Grade 7 and was drinking alcohol and smoking marijuana the day he fired his rifle at the house.
Last year, a second teen in the car at the time of the shooting was found guilty of aggravated assault and weapons-related charges.

I think we need to focus on the fact that the offender has a low level of education, which correlates with criminal activity, and had been intoxicated and under the influence at the time. I think that instead of sending him to prison for 6 years, he should have been sentenced for 2 years less a day along with probation, in order to address his education and alcohol/drug problems. This is what can change people in the long term, not prison. 

Impact statement brings Crown attorney to tears


WINNIPEG — A Crown attorney wiped away tears Monday while reading a victim impact statement on behalf of a woman who was brutally raped by her ex-boyfriend.
The 46-year-old Beausejour man pleaded guilty to several charges as part of a plea-bargain that will see him receive three years in prison in addition to 18 months of time already served. His name isn’t being published to protect the identity of the victim.
The woman – who wasn’t present in court for the sentencing hearing – described her physical and emotional injuries as a result of the September 2008 attack. Prosecutor Jocelyn Ritchot had to pause several times to collect herself as she read the woman’s emotional words aloud in court.
"I trusted you. Cared for you. Only wanted the best for you. Why, why, why?" she said. "Emotionally I felt dirty, used, guilty that somehow I allowed it to happen, and very degraded. I feel like my soul has been robbed."
The accused began dating the victim after they met at an Alcoholics Anonymous meeting in 2007, court was told. The ended their romance in July 2008 but continued to be friends. However, everything changed that fall when the man fell off the wagon and began drinking heavily. The woman went to his house one day, concerned for his well-being, and was viciously attacked.
"I wanted to help him. I felt sorry for him. Then it became a nightmare," she wrote.
The man put duct tape over her face, bound her hands and legs together and then sodomized her. He also demanded she call her 18-year-old daughter to come over so he could rape her as well in front of her mother. She was repeatedly beaten when she refused and threatened with a lead pipe.
"No mother should ever be put in that position," Ritchot told court. "He had no regard for the feelings or personal integrity of the victim."
The man eventually untied his victim and allowed her to escape the house.
"I no longer had any personal control. I was at his mercy. I looked into his eyes and could see nothing," she wrote in her victim impact statement. The woman said she resumed drinking following the attack and had to quit her job.
The accused has a previous criminal history, including a similar sexually-motivated attack on his former wife in 2004. He also met her at an AA meeting, court was told.
Defence lawyer Manny Bagoo said his client regrets his actions, which he blames on his longstanding alcohol issues. The man has spent the past 18 months in custody, which will be given double-time credit of three years. Crown and defence lawyers have made a joint-recommendation for him to spend another three years behind bars.

This article tends to portray a negative image of the offender by using words such as "brutal rape" and "attacked viciously." However, this may not be entirely true. This man had alcohol addictions, which is not an excuse (as many believe), but a serious problem which needs to addressed and he may not be a "bad" person. This article did not spend enough time talking about his issues, how long he has been an addict, the steps he has attempted to eliminate his addiction, and whether the other sexual attack was motivated by addictions. The words brutal and vicious, are one person's opinion.

There is also not enough information about the offender such as if he was living in poverty, had been abused, neglected, etc. All of these things are significant and are mitigating factors. The question of why, was not answered. The article did not provide any possible explanations as to why the man may have did this. It also did not explore possible events leading up to the attack, that may have had an influence.

Victim's story triggers tears 
A victim impact statement so powerful that the Crown prosecutor cried repeatedly while reading it into the record was heard at a sentencing hearing Monday for a Beausejour man who brutally raped his ex-girlfriend.
Court heard that in September 2008, the man raped his former live-in girlfriend twice in eight days. The second assault occurred after he'd duct taped the woman's mouth shut and her wrists together and threatened to beat both her and his own mother with a lead pipe if she said anything.
The woman was not present in court Monday, but her victim impact statement was read aloud by Crown attorney Jocelyne Ritchot, who cried as she read the statement.
In it, the woman described having to quit her job and returning to drinking as a result of the attack.
"Emotionally I felt dirty, used, guilty that somehow I allowed it to happen, and very degraded," the woman wrote. "I feel like my soul has been robbed."
The Crown and defence have jointly recommended the man, who pleaded guilty to his crimes Monday, be sentenced to six years in prison.

This article gives absolutely no background on the offender's life, does not even mention his alcohol addictions, other possible mitigating factors, or factors which may have influenced this attack. It gives a disproportionate amount of space to the victim and almost none to the offender, his background life/circumstances/hardships and possible explanations for this attack, which is extremely biased. 

My Opinion??
Many of the public will say that alcohol addictions are an excuse but I disagree. Addictions are a serious problem which need to be addressed. If we just put people with addictions in prison and then they are released with no help, they may come out more dangerous. Is this in the best interests of society?  Prison is a lazy response to dodge the issues of addictions.

From the sounds of it, this man had attempted AA a couple of times. Maybe more intensive treatment is needed. It is clear that if he went to AA, he acknowledged his problem and wanted help. If he wants help, he should be given help, not prison. 

I think that this man should have gotten 1.5 years in prison (to express denunciation) and then 3 years probation, in which he could receive treatment and counseling for his addictions, job training, etc.

Putting addicts in prison is only going to make it worse. Prison has damaging effects on people and addicts will find ways to get alcohol and drugs. Ways that could be more dangerous to their health and well being as well.  

Three men were sentenced for alleged roles in stabbing


WINNIPEG — Three men were sentenced to much different prison terms Monday for their roles in a stabbing death outside a downtown Winnipeg bar
Glen Monkman, 39, was given a mandatory life sentence with no chance of parole for at least 12 years after being convicted last month of second-degree murder. The Crown was seeking to raise parole eligibility to 15 years, while defence lawyers wanted it to remain at the minimum of 10.
Carlos Tavares, 31, received five years in prison in addition to one year of time in custody after jurors found him guilty of manslaughter. The Crown was seeking eight more years behind bars.
Norris Ponce, 31, was given two years in jail years in addition to one year of time served. The Crown wanted five more years of prison.
All three men had originally been charged with first-degree murder, which carries an automatic sentence of life in prison with no chance of parole for 25 years if convicted.
Ming Hong Huynh, 24, was knifed outside Club Desire on Bannatyne Avenue in April 2006.
Monkman admitted stabbing Huynh four times in the chest and cheek with a small knife while horrified bystanders watched but claimed he should only be found guilty of manslaughter based on the fact he was provoked.
Ponce was accused of distracting Huynh on the street before Monkman stabbed him. Tavares was accused of driving a getaway car, a cream-coloured Lincoln Navigator, away from the stabbing. Lawyers for both had argued there was no credible evidence linking them to the attack and they should have been acquitted entirely.
The key issue at trial was whether they believed the testimony of the Crown’s star witness, Danny Simao, who claims he overheard a plan to kill Huynh while inside a car with the three accused,
Defence lawyers argued at trial that Simao was a proven liar whose evidence should have been rejected.
No murder weapon was ever recovered. The Crown argued the accused planned the attack on Huynh as revenge for another stabbing that happened at a wedding social in March 2006.
Before the attack, court heard Huynh was wandering around shirtless outside the club. His girlfriend, Angie Pfeifer, testified Huynh used steroids and cocaine. The Red River College business administration student was intoxicated and looking to fight when he got into a fight with an Asian man alleged to be Ponce.

The first bias/problem in this article is the headline. It says "three men sentenced for roles in stabbing death." By saying this, assumes that they all played a role in the stabbing (which may not be true). Just because the men were convicted by a jury, does not mean that it is 100% true and that does not make it a FACT, which this headline implies/suggests. It should say "alleged."

This article does not allocate enough space to explain in detail, the contradictions in Simao's testimony, which were many and which could change readers' perspectives. It mentioned that the lawyers said that there was "no credible evidence linking them," but they failed to explain why and just how unreliable and unbelievable this witness really was. Readers are not getting the full picture of all the evidence. 

By only writing about the evidence of Simao's testimony which supports the Crown's theory and not the defence, sways readers to one side of the argument where they will come to believe the witness, simply because the media does not report counter/contradictory evidence of the testimony. 

The article mentioned the Crown's arguments but did not say much about the arguments of the 3 mens' defence lawyers, which is biased towards one side, and influencing the readers to take a certain position towards this case, which is one that the sentences were too lenient. This is not true and is giving the public a skewed perception. 

The article did not mention the fact that the victim had been attempting to fight with many people that night and was aggressive, intoxicated and provoking. Norris Ponce, was simply another person being victimized by this man, but the article paints Ponce as anything but a victim. 

This article also did not pay enough attention to the offenders' background, as they did with the victim. They did not receive a fair representation. They have children and families and that should have been mentioned because prison also had a significant impact on offenders' families and lives. It should have also mentioned the fact that Ponce has had no previous convictions and the criminal histories of the other offenders.

Also, after stating the sentences and then saying, "The Crown wanted this much more," implies that the sentences were too lenient, when in reality, they were too harsh (in my opinion)! The article does not state what sentences the defence were seeking. 

Three to jail in stabbing death 
The three men convicted in the 2006 stabbing death of 24-year-old Red River College student Minh Hong Huynh were all handed significant prison terms Monday afternoon.
Glen Monkman, 39, was convicted by a jury last month of second-degree murder for fatally stabbing Huynh outside the former Main Street bar Club Desire on April 30, 2006. Carlos Tavares, 30, and Norris Ponce, 31, were convicted by the same jurors of manslaughter for their roles in the crime, which the Crown said involved "encouraging and assisting" Monkman.
Justice Brenda Keyser sentenced all three to jail time Monday.
Monkman was handed an automatic life sentence, as are all offenders convicted of murder. He will not be eligible for parole for 12 years, which is part way between the Crown's suggestion of 15 and the defence's preference of 10. Keyser heard the sentencing arguments earlier this month.
Tavares was given a seven-year sentence, minus two years for time served, leaving five to go.
Ponce got a four-year sentence minus two years for time served. Both of their sentences fell between the terms suggested by the Crown and defence at the sentencing hearing.
Tavares told the gallery as he was leaving court Monday that he hopes to appeal. He did not say whether he hopes to appeal his conviction or his sentence.

By the headline saying "three to death in stabbing" implies and gives the impression that all three men were involved in this attack, when that may not be true. That is not based on fact, as two men played "roles" (which I think is untrue). It also only mentions the Crown's argument of the other 2 men encouraging Monkman and does not mention the defence argument, countering that. Like the WFP article, it does not mention anything about the background lives of these offenders, the contradictions in Simao's testimony, etc. and makes it appear as if all of these men are guilty, no question about it, which is not true. There was contradictory evidence and it fails to mention that.


My opinion?
I completely disagree with the sentences of Tavares and Ponce. I do feel that Monkman should have been found guilty of 2nd degree murder, but should have gotten no parole eligibility for 10 years not 12, as he may have been provoked by the victim. The article did not mention the victim's possible role his killing, such as the fact that he was acting aggressively and was provoking people and wanting to start a fight. 

I completely disagree with Ponce's sentence. He should have been acquitted in the first place, because Simao's testimony was completely unreliable and I don't see how any reasonable person would believe anything he said. He had been on bail for at least 2 years prior to the trial and had obeyed all of his conditions, came to court early everyday and was a productive and law abiding citizen. He also has children and a wife. I think that because his bail was successful, he should have been sentenced to a community sanction such as a conditional sentence. Just think of the damaging effect and impact prison will have on his children and wife? I feel horrible for them. In this case, I do not believe the judge considered all alternatives besides prison, which she should have. Ponce is not a dangerous man to society, is not violent in any way (because he never killed anybody, only allegedly played a "role") and is not high risk. I truly believe he was wrongfully convicted and sentenced. 

The same goes for Tavares. Simao's testimony should not have been believed. Ponce or Tavares claimed that they knew nothing of the killing and were not involved. Simao's testimony was the only thing that contradicted that, except for one problem: he was unreliable and unbelievable. Also, no other evidence corroborated Simao's testimony. What does that tell you? Tavares should have been acquitted also. I don't agree with his sentence and feel he should have been given a conditional sentence also.

The Crown did not prove Tavares/Ponce guilt beyond a reasonable doubt.

I left a comment about this story on the Winnipeg Free Press that read: I realize that the jury system is a cornerstone of our criminal justice system, but I also feel that there are many flaws in the jury system and just because a jury convicts an individual, does not make it a fact, that they committed the crime. Look at all the wrongfully convicted individuals who were also convicted by juries.

Also, from studying social psychology, know that when one person has a dominant position, others may be influenced to conform, even when they may not agree. It begs the question, is the jury really unanimous?

Something to think about.


I also believe that there are many factors which influence a jury's ultimate decision. Some could have read biased media reports or internet articles, the fact that the accuseds were in custody and in handcuffs paints the portrayal of guilt and not of innocence until proven guilty, juries have no formal training in the law and how to interpret it and apply it to the case. 

If we were to assume that when a jury makes a unanimous finding of guilt, that they are always correct and the accused is guilty, there would be a lot less wrongful convictions being discovered. Juries make mistakes all the time. Just think of the wrongfully convicted individuals in Canada, who had their cases decided by juries. It happens and we cannot assume anything.   

Manslaughter alleged in death of father


A 23-year-old Winnipeg man has been charged with manslaughter in connection to the death of a father of five at his daughter's 18th birthday party on Saturday.
Winnipeg police said Darren James Hall is in custody and will make an initial court appearance on Monday morning.
Police say Garth Isfeld, 44, died after allegedly being hit over the head by with a beer bottle outside his home on Stuart Avenue at around 12:30 a.m. on Saturday.
Const. Blair Good said a man at the party who had been asked to leave stood outside the home. When Isfeld came out, he was hit with a bottle and knocked to the ground.
Despite being taken to hospital with what police called minor injuries, family members said Isfeld developed blood clots and died.
Police interviewed a number of witnesses and have charged Hall in connection with Isfeld's death, which they say is Winnipeg's second homicide of 2010.

Sunday, March 28, 2010

Man assaulted in St. James


A 47-year-old man has been charged after a half-hour crime spree in St. James during which he allegedly attacked a senior and broke into a home.
Winnipeg police say the first victim, a 73-year-old man, was walking on the sidewalk in the 300-block of Aldine Street about 5:30 p.m. Saturday when he was approached by the knife-wielding suspect, who suddenly assaulted him about the upper body.
The senior was taken to hospital, where he remains in stable condition. A 49-year-old man who tried to intervene during the incident was also assaulted and suffered minor injuries to one of his arms.
Police said the knife was not used to attack either victim.
The suspect fled to the 200-block of Olive Street, where he broke into a home and stole jewelry and cigarettes, police said.
Police said the female homeowner returned to her house while a suspect was inside and managed to scare him off without being injured.
“He just bolted out the door,” said Winnipeg police spokesman Const. Blair Good. “She was very fortunate he didn’t do anything to her.”
Police were alerted by victims at both locations and a suspect was arrested in the area of Olive and Portage Avenue about 6 p.m. He allegedly had cocaine and property from the break-in with him.
Glen Joseph Bone, 47, of Portage la Prairie, has been charged with numerous offences, including aggravated assault, break and enter and possession of a weapon for a dangerous purpose.
Police said Bone was previously known to them for “similar-type offences”, including violent crimes.

By the headline saying this senior was attacked at knifepoint, when the knife was not used in the attack, instills fear in seniors who are reading the headline. This is a rare attack and seniors do not need to be afraid. By mentioning that the suspect is known for similar offences and other violent crimes, provides the reader with the perception that the man arrested, is guilty. This article does not describe factors which may have contributed to the crime (addictions, family problems, etc.) and other mitigating factors. By saying that the attack occurred in the daylight, instills even more fear about daytime attacks and victimization of seniors. 

This type of attack is rare and this article FAILS to mention that. Seniors have the lowest rate of self reported violent victimization and when it does happen, 64% (the majority) of seniors know the perpetrator (family, friend, acquaintance). In only 36% of violent incidents, was the perpetrator a stranger to the victim. Also, violent incidents against seniors do not commonly result in injuries (68% don't). And most violent incidents do not involve a weapon.

So after looking at all these stats, which the newspaper failed to mention, its clear that seniors do not have to be any more afraid of being victimized than they were before. It is a rare attack.  

Time served for scarring friend's face


An 18-year-old Arborg woman who disfigured a friend’s face with a broken beer bottle was sentenced Thursday to 14 months time served.
Kara Stoyanowski previously pleaded guilty to aggravated assault and two counts of breaching a recognizance in connection with the May 3, 2009 attack.
The 21-year-old victim “will bear the marks of this for the rest of her life,” said Crown attorney Adam Bergen. “Unlike a scar in a less visible place ... it will be the first thing that people notice about her for the rest of her life.”
Court heard Stoyanowski was at a drinking party at the Arborg trailer park when an argument over Stoyanowski’s boyfriend turned into a shoving match with the 21-year-old victim.
Stoyanowski broke a beer bottle over the woman’s head, knocking her to the ground. She then slashed her face and shoulder with the broken bottle.
The woman was taken to Arborg hospital and quickly transferred to Health Sciences Centre in Winnipeg for plastic surgery. According to a doctor’s report, the woman’s facial wounds cut through the muscle, nearly to the bone. She suffers ongoing nerve damage and will require further plastic surgery, court heard.
Stoyanowski was released on bail following the attack but returned to custody after she was caught breaking her curfew and drinking.
According to a pre-sentence report, the victim at one time was Stoyanowski’s “best friend.” Judge Bob Heinrichs sentenced Stoyanowski to an additional two years supervised probation and ordered that she participate in victim offender mediation.
“If that is true, that (the victim) was once your best friend, that’s an opportunity to try and repair some of the damage you’ve done, emotionally at least,” Heinrichs said.

I think this article is well written for the first part. However, it seems to be missing more details of the events leading up to the attack, if the victim provoked the offender, and what factors of the offender's life may have influenced this crime (addictions, etc.) and whether she was a first time offender or not. By not including this information, leads ppl to the conclusion that this was a senseless and violent attack, when there may have been factors leading up to it. By only focusing on the violent aspects of this crime, brings readers to the impression and perception that this sentence was too lenient, when really it wasn't as she had already spent 14 months in prison. This article does not explore many mitigating factors, influencing the judge's decision such as remorse, etc.

I do agree with the sentence of time served. I think that the victim/offender mediation is a great idea and hope it is helpful for this woman. I'm glad the judge focused more on rehabilitation in this case and not on further imprisonment. 

I do agree that it was the right decision in taking her into custody for breaching her bail conditions, to protect others' safety.  

Charges laid in murder of Winnipeg father

Dispute erupts at daughter's birthday party

WINNIPEG - Police have made an arrest in the death of a Winnipeg father of five assaulted early Saturday morning during his daughter’s 18th birthday party.
Friends confirmed the victim is Garth Lorne Isfeld, 44.
Darren James Hall, 23, of Winnipeg has been charged with manslaughter and has been detained in custody.
The incident occurred in the 200 block of Stuart Avenue in North Kildonan at a barbecue to celebrate the birthday of Stephanie Krasnesky, who turns 18 today.
One of Isfeld’s friends was accompanied by another man, who was unknown to most of the dozen or so people at the party, said Elia Bevacqua, Isfeld’s brother’s common-law wife. The festivities took a turn for the worse just after midnight, she said. "No one knew who this guy was," she said.
"He started being abusive to Garth’s daughter and (he) came outside to protect his daughter."
The man eventually struck Isfeld with a beer bottle, Bevacqua said. "He went right down," she said. "There was blood everywhere."
Later Saturday, his daughter, Stephanie was curled up in a chair and sobbing. "I just seen him on the ground and he was rolling his eyes back in," she cried.
"There was so much blood everywhere. I just grabbed a pillow and put it around his head."

Isfeld was taken to hospital and initially, the injuries did not look severe, police Const. Blair Good said.

While in hospital, Isfeld’s condition worsened. He died several hours later.

Five people who were in the home at the time of the fight were questioned by police, Good said. Investigators are awaiting autopsy reports to determine the official cause of death.

"The homicide unit is investigating it to determine if it’s a homicide," Good said. "They’re not ready to say it’s a homicide."

Isfeld’s death prompted an immediate outpouring of grief online, as friends and relatives mourned a man known for his generous nature and sense of humour. He had two sons and three daughters, and an online profile indicates he was a graduate of Grant Park High School.

"He’s a happy guy who just made everyone laugh," said one of Isfeld’s longtime friends, who wanted to remain anonymous. The friend said Isfeld was living in the small single-storey white home on Stuart Avenue.

Neighbours say it’s a quiet area where violence is rare, and the yellow police tape surrounding the property shocked many residents.

"It’s North Kildonan, not the North End," said Amanda Martin, noting most people who live in the neighbourhood are seniors or young families. "Nothing like this has ever happened here."

Bruce Williams, a longtime Stuart Avenue resident who lives next door to the home, said it’s a rental property that has seen multiple families move in and out over the last two years.

He said his new neighbours just moved in, and he saw them carrying groceries and furniture to the home all day Friday.
Williams looked out his window after 10 p.m. and saw people barbecuing. He said he never heard any fighting, and was stunned to see several police cars steps away from his front yard.

"It’s surprising," he said, standing in his driveway. "You don’t see things like this. You see them on TV. I thought, ‘Gee whiz, now what’s going on?’ "

A 23-year-old man has been arrested after a father of five was fatally injured during a birthday party for his teen daughter.
Darren James Hall of Winnipeg is charged with manslaughter and remains in custody.
The incident happened early Saturday at the Stuart Avenue home of the victim, 44-year-old Garth Lorne Isfeld. The death is Winnipeg’s second homicide of the year.
Isfeld's family told media Saturday that he was hit over the head with a beer bottle during a party at his North Kildonan house to celebrate the 18th birthday of Stephanie Krasnesky, one of his daughters.
The culprit was a party-crasher who refused to leave, the victim's family said, adding the violence occurred as Isfeld was trying to protect another daughter from the man.
Isfeld was transported to hospital with what appeared to be minor upper body injuries but he later developed blood clots and died, his family told media.
On Saturday afternoon, police said investigators were still trying to determine whether the death was in fact a homicide.

Victim's family questions why paramedics parked down the street"
Garth Isfeld died after allegedly being hit on the head with a beer bottle during a North Kildonan house party on Saturday.
Family members are now questioning why paramedics parked down the street when they arrived forcing Isfeld to walk to the ambulance.
"They shouldn't have made him walk anywhere. If it was a head injury they should have been right there, not dragging him," said Isfeld's girlfriend Candy Krasnesky.
Police say the original 911 call came in as a shooting. If emergency crews face the threat of a firearm the ambulance may stage until police say it's safe.
Family members say Isfeld was throwing a birthday party for his 18-year old daughter when an uninvited guest showed up. Isfeld asked the man to leave and was allegedly hit over the head with a beer bottle.
"I just seen him on the ground and he was rolling his eyes back in" said his daughter Stephanie Krasnesky
"There was so much blood everywhere. I just grabbed a pillow and put it around his head."
Neighbours say the party got rowdy several hours in and people could be heard screaming telling a man to leave.
Police were called to the home in the 200 block of Stuart Avenue around 12:30 a.m. after reports of the attack.
The victim was rushed to hospital where family members say his condition worsened because of blood clots. The 44-year old man was pronounced dead in hospital.
Police have charged 23-year old Darren James Hall with manslaughter in connection with the death.