Judge spares man from jail time

A 36-year-old Yorkton man got the "break of a lifetime" last Wednesday according to prosecutor Barrie Sticker. In a surprise decision, Judge Tim White ignored a joint submission by the Crown and defence for a four-month custodial sentence and substituted a conditional sentence.

Garfield Chartrand pleaded guilty June 5 to two counts of mischief and one count of breach of probation in provincial court. The Crown was originally seeking one year in custody on a seven-count information, which included charges of break and enter, possession of break and enter tools, causing a disturbance and a further count of mischief.

But Richard Yaholnitsky, Chartrand's defence counsel, convinced the Crown to drop the break and enter charge and bargained the sentencing recommendation down to four months.

In the joint submission, Stricker outlined the explanation that led to the withdrawal of the break and enter charge. Chartrand said he had secured a job with a local homeowner and had asked for and been granted permission to store tools in the man's shed. The defendant and a friend had returned to retrieve the tools, but entered the wrong yard. Finding the shed locked they tried to break in, but another neighbour had noticed and called police.

Stricker said he was skeptical of the explanation asking why, even if they had been in the correct yard, they would attempt to break into their employer's shed.

Nevertheless, given Chartrand's early guilty plea to the other charges, the prosecution decided to accept the explanation and agree to the lesser sentencing recommendation.

The mischief charges stemmed from damage to the shed and the accused's behaviour in the RCMP's holding cell. Police said that while Chartrand was cooperative at first, he became aggressive and violent at the detachment. When he was locked up, he defecated in the cell, smearing the feces on the video camera and around the cell then urinated on the door.

Stricker said the police were seeking compensation for the cleaning bill.

In his own defence, Chartrand said he was only trying to help a friend and was frustrated because he was "in the wrong place at the wrong time."

He said he was not highly intoxicated as police claimed and that he felt persecuted because he was a big individual with a long criminal history and felt he couldn't get a break.

When police would not listen to him, he said he became angry.

He told the judge he was ashamed and embarrassed by his behaviour in lock-up.

He told the judge he had a loving partner and loving children, and that he had a job lined up. He requested his partner be allowed to present a letter from the prospective employer.

White accepted the letter. In light of the job offer and family obligations, the judge said he was going to impose a conditional sentence with the statutory conditions plus no contact with the victim and no consumption of alcohol or illegal drugs. He said he found Chartrand to be well-spoken and obviously had some talent in the area of construction.

In addition, White ordered Chartrand to pay restitution of $50 for damage to the shed and $200 for the RCMP's cleaning costs.

Before closing the hearing, the judge admonished Chartrand to appreciate the break he was given.

"For the record, I'm taking a calculated risk here," White said, "Make the most of it. If there's any problem, you might as well pack a toothbrush because you will go to jail."