Threats to witness garners 60 days jail

A 50-year-old Yorkton man has been sentenced to 60 days jail on top of time already served for threats toward a witness in a previous case.

Michael Winter was charged with uttering threats, obstruction of justice and breaching probation in June while in court to answer causing a disturbance and assaulting a police officer charges related to a May incident at the municipal RCMP detachment.

At trial August 4, the Court heard testimony from Phil De Vos, a City of Yorkton bylaw officer. De Vos, who was a witness in the previous case testified that while in court in early June, Winter gestured at him several times making what the witness believed was a gun with his hand.

Later, when he was leaving the Court, De Vos said Winter followed. In the vestibule between the inner and outer courtroom doors Winter called De Vos a liar and said ‘I’m going to get you,” according to the witness.

On cross-examination, Winter, representing himself, tried to undermine De Vos’s credibility by arguing the witness’s recollection diverged from his own. Judge Patrick Reis suggested the defendant should stick to questioning the witness and save his comments for his own testimony, if he chose to give evidence.

The defendant did take the stand claiming that he had no recollection of pointing at De Vos and that the only threat he made was to have De Vos charged with perjury saying he lied in his statement to police regarding the other case.

Winter testified the exchange did not take place between the doors as De Vos claimed, but in the lobby in front of many witnesses. He complained that the Crown had not bothered to seek out other witnesses including the RCMP court security officer who had seen them together, Winter said.

On cross-examination, prosecutor Darren Grindle attempted to establish Winter was angry with De Vos. The accused said he was not, but rather, was “relishing the fact I was going to see him go to jail for a very long time.”

Winter said it was De Vos’s word against his and that while the other man had reason to lie for fear of the perjury charge, he (Winter) had nothing to lose.

Grindle sought and was granted a break to talk to the court security officer. After the break, Grindle called the officer as a rebuttal witness, but while recalling seeing the two men together that day, he could not remember where they were or hearing any conversation.

Reis cited numerous examples of case law that addressed the question of credibility of witnesses when it was one person’s word against another.

Ultimately, the judge decided De Vos was the more credible witness and that he was satisfied beyond a reasonable doubt that Winter had threatened De Vos. Reis found Winter guilty of uttering threats and consequently of the breach.

With respect to the obstruction of justice charge, the Crown had argued it was a logical consequence of threatening a witness, but Reis decided Winter had not had the intent to obstruct justice, rather had acted impulsively. He found him not guilty on that charge.

During sentencing arguments, Grindle gave credit to Winter for going 50 years of his life without a criminal record, but noted that he has had several convictions since January of this year. The prosecutor also wanted the fact that the threat was against a witness considered an aggravating circumstance even though the judge acquitted Winter on the obstruction charge.

Grindle also cited as aggravating a victim impact statement in which De Vos said he feared not only for his own safety, but his family’s.

The prosecutor asked for a total sentence of 180 days, which, if the judge were to give Winter full time-and-a-half credit, would be an additional 82 days.

Winter argued on his own behalf that he is not a violent person noting he had been acquitted of the previous assault charge. All of his involvement with the criminal justice system, he said, had stemmed from marijuana trafficking charges he still claims were unfairly related to his need for medical marijuana to treat a degenerative spinal condition.

He noted personal hardship he has suffered as a result, including having to sell his house and losing a consulting business, as mitigating circumstances.

He asked that he be sentenced to time-served.

“There is nothing to be gained from my continued incarceration,” he said. “I’ve paid a dear price already and I’d like to get on with my life.”

Winter’s sister Ferne also spoke on her brother’s behalf noting she and her parents were willing to take responsibility for taking him back to Calgary immediately, where he has a stable environment waiting to help him start afresh.

She also told the Court Winter’s teenage children had suffered significantly from the events of the past year, something that is very troubling for the whole family.

Finally, she attested to he brother’s character, choking back tears.

“In 50 years, he has never been anything but this wonderful loving brother,” she said.

Reis gave credit to Winter for his lack of involvement with the criminal justice system until recently, but noted that if all of this stems to his medical marijuana use, he might want to consider whether the drug is not doing for him what it is intended to do.

The judge also considered the fact Winter will be moving to Calgary, away from the victim and his own criminal history as mitigating. Finally, Reis put considerable weight on the family support demonstrated during the proceedings.

He gave Winter time-and-a-half credit (98 days) for his incarceration since the incident and sentenced him to an additional 60 days on the uttering threats count, 20 days concurrent on the breach. Reis characterized the sentence as “light” saying he had been considering something harsher.

On his release (he will be eligible September 13), Winter will be on probation for 12 months.