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THE CITIZEN, WEDNESDAY, JUNE 27, 2001. PAGE 21.
Court news
Man gets 5-months for theft, possession
A Mount Forest man is spending
the next five months in jail after
pleading guilty to to eight charges in
Wingham's provincial court June 21.
Karl Dodds was arrested Sept. 24
after being apprehended by a group
of citizens in Gorrie. According to
attorney for the Crown Rod Guthrie
Dodds had been "riffling" through
vehicles. Seeing an unfamiliar car in
town, the residents kept watch and
saw the accused in the act.
Dodds, Guthrie said, attempted to
run, but when caught he turned over
some of the property. Guthrie said
the accused then offered the group
some "weed" to let him go.
Federal Crown Mike Donnelly
said that when police arrived they
found a small bag of marijuana in
Dodds' vehicle.
Dodds pled guilty to three counts
of theft under $5,000, four counts of
possession of stolen property and
one charge of marijuana possession.
His attorney, however, said that
his client denied offering any drugs
to the people or that he ran away.
However, he added, "His position is
that he smoked two marijuana ciga-
rettes and has limited memory of the
night," counsel said.
He noted that all of the stolen
property had been returned.
Two submissions were presented
to Judge Garry Hunter, one from
Dodd's landlord and one from his
girlfriend. A third, from his father
which was not submitted, indicated
his son was "a follower who needs
guidance in his life", said counsel.
Asking for probation or a short
term of incarceration, counsel noted
that while the accused has a lengthly
record there was no breach of proba-
tion charge. He also suggested a
large number of community service
hours.
Guthrie recommended a sentence
of four to six months.
Hunter sentenced Dodds to five
months concurrent on each theft and
possession charge and five days con-
current for the. narcotics charge.
Upon release Dodds will be on pro-
bation for two years.
Over 80
An East Wawanosh man is spend-
ing some weekends in jail for driv-
ing drunk.
Dean Whitfield, RR3, Blyth, pled
guilty to a charge of over 80 stem-
ming from an incident on Oct. 7.
According to Guthrie, police offi-
cers were in a field looking for an
injured driver, who had apparently
left the scene of an crash. Guthrie
said Whitfield, drove into the field at
a high rate of speed, did a donut,
spraying mud and narrowly missed
police. "Needless to say this attract-
ed the attention of police."
Breathalizer readings were 130
mg of alcohol in 100 ml of blood.
Defense Counsel Glenn Carey
said the field was owned by the 29-
year-old's family. He explained that
there had been difficulties with
worm pickers trespassing and
Whitfield seeing the lights thought it
was worm pickers and attempted to
startle them.
The biggest concern for the judge
was Whitfield's record from 1998
and two charges in 1991. Hearing
Carey's suggestion that a 60 days
sentence would be appropriate,
Hunter disagreed. "This is the fourth
conviction in 10 years. The question
is whether it will only be 90 days. "
Carey explained that Whitfield has
taken steps to get counselling. He
felt more than 90 days would "give
too much recognition to the older
record" and doubted it would be
constructive in the long haul.
Whitfield was sentenced to 90
days.
Drug possession
Two men pled guilty to possession
of marijuana.
Robert West of Collingwood was
charged March 9 in Wingham after
police were called to a disturbance at
the arena. According to Donnelly,
after being escorted out with a num-
ber of people, West tried to get back
in and was arrested for trespassing.
During a search, police found a bag-
gie with marijuana.
West, who has possession charges
from 1989 and 1993, was fined
$250.
John Van Diepenbeek, RR7,
Lucknow, was charged Sept. 28 after
police stopped his vehicle in a RIDE
check in Turnberry Twp. A total of
two grams of marijuana were found
when police searched the car.
In November 1999 Van
Diepenbeek was found guilty of pos-
session of stolen property.
He was fined $100.
Mischief
A Blyth youth pled guilty to mis-
chief.
Russell Bromley-Bowes was
charged following an incident May
I. Guthrie said that five youths,
ranging in age from 14-19 drove a
vehicle onto a farmer's field, and
moved several large bales of hay.
These were soiled and damaged.
The car also caused ruts in the field
and ripped up grassy areas.
Bromley-Bowes has no prior
record.
Guthrie told the judge he had met
with the father, who had asked for
several conditions of probation.
These were for drug and alcohol and
anger management.
Hunter granted a conditional dis-
charge and placed Bromley-Bowes
on 12 months probation. He must
also make restitution in the amount
of $50.
Assault
A Wingham man was given a con-
ditional discharge and placed on 12
months probation for assault.
Stephen McDougall pled not
guilty to the charge.
The victim, the former common-
law spouse of McDougall said she
had dropped oft the couple's three-
year-old for a visit and was con-
cerned about what she described as
McDougall's disorientation. He said
he was fine, so she left the boy, but
troubled, returned.
She testified that she found the
child outside with McDougall asleep
on the couch. Angry, she tried to
wake him by shaking him. When
that didn't work she "smacked him
with a workboot." During cross
examination, the victim said she
struck him the first time on the
shoulder, the second across the head.
McDougall woke disoriented and
as she tried to leave with the boy, he
said he wanted to hug his son. He
barred her exit, so she pushed him.
She testified that McDougall tried to
slap her and connected the third
time. Asked how much of a "con-
nect" it was, she responded "Not
much."
When McDougall showed up later
at her home, she called police to try
and stop things from escalating, she
said.
The victim also said that
McDougall had taken three seda-
tives that afternoon. She admitted
that they have gotten along quite
well before this incident and since.
McDougall, 44, said that things
were "foggy" in reference to that
day. He remembers wanting to give
his son a hug but doesn't recall any
altercation.
Carey, his defense counsel, said he
put the accused on the stand to show
he doesn't have any memories of the
event. "He could have said he was
trying to defend himself," he said,
adding that while no one blames the
victim, whom he said was "very
forthright" in her testimony, she did
use force in pushing him.
Guthrie, however, argued that as
McDougall was blocking the way
she was entitled to u4e force.
Hunter agreed there was agression
both ways, but didn't see that slap-
ping was self-defense when all the
victim did was push. "She was leav-
ing and made it clear she was leav-
ing." He found the accused guilty.
McDougall has two convictions
for assault from 1984 and one for
uttering a threat in 1987.
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