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Jail for police pursuit accused

The man charged after leading police on a 90-minute chase in Northwest Saskatchewan this summer will be serving jail time. Kristopher Kowalyk, 31, of Calgary, Alta.
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The man charged after leading police on a 90-minute chase in Northwest Saskatchewan this summer will be serving jail time.


Kristopher Kowalyk, 31, of Calgary, Alta., received 20 months in custody after he entered guilty pleas for four counts related to that chase, which spanned 120 kilometres in the region July 30.


The guilty pleas were for flight from police, operating a motor vehicle on a highway that was dangerous to the public, possession of property obtained by crime, and committing mischief by willfully damaging property in excess of $5,000, all contrary to the Criminal Code.


Among the items Kowalyk had in possession were a 2007 Ford Superduty truck, a 2008 transport trailer, a 2010 Polaris snowmobile, a 2005 Arctic Cat snowmobile and $3,040 in cash.


All other charges were withdrawn.


Kowalyk appeared in court before Judge David Kaiser Wednesday morning, at which time the guilty pleas were entered and sentencing proceeded.


Crown and defence counsel entered a joint submission calling for eight months concurrent on the two property offences and 12 months concurrent on the flight and dangerous driving charges.


The judge agreed to the joint submission and also agreed to credit the 51 days Kowalyk has already served in custody, meaning Kowalyk will serve another 18 months and nine days.


Standalone restitution orders were issued as well: to Country Ford for 12,492.80, to Macklin Regional Park for $6,000, to Lakeview Hutterite Colony for $1,500 and to Grill Lake Community Pasture for $50. There is also a forfeiture order for another 14 items.


A driving prohibition was also placed on Kowalyk running for two years following his release from custody.


In sentencing Kowalyk, Judge Kaiser noted the risks Kowalyk had posed during the chase. The fact nobody was injured, said Kaiser, was "more a matter of luck than anything else."


The pursuit of Kowalyk started around 10:20 a.m. after Unity RCMP received complaints of stolen property in the area.


The suspect vehicle, a truck towing a trailer, was later spotted near Muddy Lake, south of Unity, and was approached on Highway 21 by RCMP.


According to the facts outlined in court, the truck driven by Kowalyk accelerated towards a police vehicle, which had to take evasive action to avoid a collision.


A long police pursuit then ensued along grid roads, across fields and on rural sections of Highways 21, 771 and 31.


During that pursuit, spike belts were deployed at two separate locations and a blockade was set up at Macklin at one point, but the accused drove through ditches, fences and fields to avoid them.


Sustaining damage was a mature pea crop that was the property of Lakeview Hutterite Colony, a barbed wire fence belonging to Grill Lake Community Pasture and a golf course that was the property of the Town of Macklin.


Prosecutor Jennifer Schmidt said a number of individuals, including children, were on the golf course at the time Kowalyk drove through it.


Afterwards, Kowalyk ended up ramming a police vehicle, which sustained considerable damage.


In her submission Schmidt pointed to the risk Kowalyk's action posed to those on the golf course as well as to the police officer in the police vehicle. She said the constable could have been killed.


Kowalyk had then attempted to flee, but his truck ended up stuck on the railway tracks near Macklin. The accused continued efforts to evade police, with the Crown noting Kowalyk had gone into the trailer at one point and refused to surrender. Two officers had their guns pulled due to the risk posed to them at the scene, according to the Crown. Ultimately, Kowalyk was taken into custody.


In his submission defence lawyer Andrew Lyster admitted that Kowalyk's refusal to co-operate with police was a "very poor decision on his part."


He cited the early guilty plea as a mitigating factor in the sentence and also noted Kowalyk suffered from mental health issues as well as an addiction to crystal meth.


Judge Kaiser went along with the joint submission, but noted the jail term was at the "lenient" end.


He called it a "very disturbing situation" and was relieved no one was in fact injured.

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