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THE CITIZEN, WEDNESDAY, MARCH 27, 2002. PAGE 21.
Court news
Men jailed for altercation with police officer
Two men are spending weekends
in jail after pleading guilty to
charges which resulted from an
incident in Grey Ward of Huron East
on Dec. 14
According to Crown Attorney
Robert Morris, the OPP received a
call about an erratic driver in Ethel.
Arriving in the hamlet at 10:25 p.m.
the officers saw tracks indicating
where the driver had been turning
donuts and had travelled onto lawns.
The roads were snow covered at the
time, Morris said.
The police came upon a vehicle
that had no taillights. After the
officer activated the cruiser lights,
the driver of the car sped up 0.100
km and hour. It slowed for a T-
intersection then proceeded west
before pulling into a lane, which
opened into a wheat field.
Morris said the driver, Christopher
Willfong exited the truck with his
hands raised. As he was arrested he
struggled with the officer, and
refused to identify himself. Placed in
the cruiser Willfong began kicking
the doors, eventually damaging one
of the windows.
The passenger, Michael Walker,
also refused to identify himself.
Morris said he spat at the police
officer and struggled with him
during the arrest. On the way to the
cruiser Walker continued to try to
spit at the officer and uttered
obscenities.
Morris said the officer was forced
to use pepper spray because of the
"violent nature" of the accused men.
Willfong faced six charges. He
pled guilty to four of them, having
over 80 mg of alcohol in 100 ml of
blood, failing to stop for a police
officer, operating a vehicle with no
insurance, and mischief under
$5,000. Two charges were
withdrawn by the Crown.
His record was submitted to Judge
Garry Hunter.
Duty Counsel John Myers said the
29-year-old Willfong lived in
Brussels, and was self-employed.
"He doesn't believe there is
anything he can say to make up for
what's happened."
Noting the low breathalizer
reading, and no previous drinking
and driving offences, Myers
suggested that while in totality the
incident was "messy" a fine and
restitution would 5e appropriate.
On the over F,0 charge, Hunter
fined Willfong $500, along with the
mandatory one-year driving
suspension. He was fined $2,000 for
the insurance charge. For failing to
stop he got 30 days in jail and
another 30 to be served
consecutively for damaging the
cruiser. Willfong was placed on
probation for a period of one year
and must make restitution in the
amount of $481.28 for the cruiser
damage. He was given 12 months to
pay the fine and six months for the
restitution.
Walker of RR5, Brussels pled
guilty to assaulting a constable with
the intent to resist arrest. The 19-
year-old was sentenced to 60 days in
jail. He was placed on probation for
a period of 12 months, during which
he must have no contact with
Willfong. There is also a five-year
weapon prohibition.
Both men will serve their
sentences on weekends.
Jailed
A Guelph man pled guilty to
charges of assault, possession of
stolen property, narcotic possession
for the purpose of trafficking and
uttering a death threat.
Morris explained that on Aug. 10 a
group of children were swimming at
the dam in Wingham when an
altercation occurred. A stone was
thrown hitting one individual on the
head. Shane Howitt, a relative of the
victim, later confronted the person
believed to have thrown the stone.
He struck him on the left side of the
head knocking him backward.
On Sept. 16 police were told of
stolen property at Howitt's home.
They spoke with his common-law
spouse who allowed them to search
the residence. They found 114 gm of
hashish with an estimated value of
$1,000 as well as a stolen Polaris
ATV.
When police interviewed the
spouse she mentioned that Howitt
had threatened to kill her if she ever
tried to leave him.
Howitt's record was presented to
Hunter. Myers asked for a pre-
sentence report saying "a number of
changes since this has occurred
which should be noted in detail."
Hunter, however, saw little point.
"With this record (penalties) are not
going to decrease."
A joint submission for 90 days
was suggested.
Hunter sentenced Howitt to 30 on
the assault, 30 on the possession, 30
on the narcotics and 30 concurrent
for the threat. The time will be done
on an intermittent basis.
Howitt must also not own any
weapons for a period of five years.
He was placed on probation for one
year.
Drunk driving
A Wingham man narrowly
escaped some jail time on a drunk
driving charge. Attorney Glen Carey
had made an arrangement with
Attorney for the Crown Frank
Cameron in the February court, that
the Crown would not rely on his
client, Jeffrey Good's drunk driving
record.
Hunter, however, asked for the
-information and said that it could not
he withheld.
Good had a conviction for care
and control from 1998 in Listowel
for which he received a seven-day
jail sentence. Carey noted that in this
jurisdiction his client would not
have been jailed for a first offence,
so a monetary penality this time
would be appropriate. He said the
arrangement with the Crown had
been breached, the least the court
could do was to strike his client's
guilty plea. "The reason for this was
the accused was foregoing possible
defenses which would have been
available during trial, " said Carey.
"It prejudices the defense unfairly.
Hunter argued, however, that if
there's a record he should he told.
"How can I tell if a joint submission
(penalty agreed on by the Crown and
defence as fair) is reasonable if I
don't hear the background'?' The
Crown, he said, did not have the
right to bury that record and make
that deal.
Continued on page 22
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