Judge tacks on 20 days for parole violation

A Yorkton man is back in prison for breaching his parole.

Darcy Kequahtooway appeared in Yorkton court November 7 by video from the Regina Correctional Centre to face charges of obstructing a police officer and identity fraud.

Kequahtooway pleaded guilty to the first charge and prosecutor Darren Grindle issued a stay of proceedings on the other.

Grindle outlined the facts of the case saying when police responded to a fight at Holly's on October 18, the defendant gave a false name and date of birth to an officer.

Although the RCMP member let the man go that evening, he did some follow up research and correctly identified Kequahtooway. When the officer saw the defendant again a few nights later, he arrested him.

The Crown argued for a 30-day sentence to be served consecutive to his remaining time citing a bail verification report that recommended the sentence. Grindle argued that was on the low end of the scale considering the following aggravating circumstances: that Kequahtooway was on parole from a two-year plus a day sentence for assault causing bodily harm; that his parole conditions included a prohibition on consuming alcohol and attending places where alcohol is served; that he has an extensive criminal record, including violence; and that if the officer had not followed up, the defendant would have gotten away with lying to police.

Richard Yaholnitsky for the defence argued for time-served saying that his client had only attended the bar to pick up his wife and take her home and had lied in order to protect her and the twin children she is carrying.

Yaholnitsky told the court that aside from this small mistake, Kequahtooway was well on his way to turning his life around. He had been taking an essential skills course and had been accepted into Parkland College's adult education program to start in September.

The public defender cited Gladue factors as mitigating circumstances. Since R v. Gladue in 1999, judges have been obligated to consider "adverse background cultural impact factors" such as family experience with residential schools, substance abuse, poverty, racism, family violence etc., in making sentencing decisions.

In his own defence, Kequahtooway explained he felt like he was trapped in a lose-lose situation when the police showed up that night.

"I knew it was a stupid decision," he said. "I want to turn my life around."

Judge Patrick Reis acknowledged the defendant's progress in passing a sentence of 20 days consecutive plus mandatory victim surcharge of $100.

"I wish you well, sir," the judge said. "I think you have been making some effort, sir; I appreciate that."