HomeMy WebLinkAboutThe Citizen, 2000-10-25, Page 25THE CITIZEN, WEDNESDAY, OCTOBER 25, 2000. PAGE 25.
Morris Twj). men get 90 days in jail for assault
Two Morris Twp. men were sen
tenced to 90 days in jail after plead
ing guilty to assault in Wingham's'
provincial court, Oct. 19.
Attorney for the Crown Mary
Mahas told Judge Garry Hunter that
the’ 44-year-old victim had been at
the Wingham Inn on Sept.24. The
co-accuseds Jason Richardson and
William Nethery were also there
with an unidentified third party.
Mahas said the victim was jumped
by the three men after he accidental
ly brushed against one of them.
The Crown and Defense Counsel
Mike Donnelly maintained that the
third person was the most aggressive
in the attack which left the victim
with two black eyes and cracked
ribs.
Donnelly also stated that ‘
Nethery’s record is balanced by his
lesser involvement than Richardson.
Both men attended the police sta
tion following sentencing to provide
a blood sample for purposes of DNA
now required in assault or sexual
cases.
Richardson will serve his sentence
intermittently.
House arrest
A Grey Twp. man, tried in July,
was given a-90 day conditional sen
tence for sexual assault.
Mahas argued for a period of
incarceration for Henry Kienapple,
saying it was “appropriate and nec
essary” for a deterrent. She noted
that Kienapple had forced the matter
to go to trial by pleading not guilty
which required his young victim to
testify.
The pre-sentence report troubled
her, she said, because it showed no
remorse nor indicated that Kienapple
was taking responsibility for his
actions.
Arguing that incarceration for the
65-year-old would be a hardship,
Counsel Tom White, said, “I believe
a conditional sentence would serve
the purpose of justice.”
Hunter sentenced Kienapple to 90
days on the condition that he be of
good behaviour and that he remain in
his residence at all times with the
exception of medical or dental
appointments. He can also be outside
on Tuesdays from 10 a.m. until noon
and Fridays from 1-3 p.m. for gro
ceries and banking.
“That doesn’t mean you can sit in
the coffee shop and fraternize with
your friends,” Hunter warned.
Kienapple is also not to be in the
company of anyone under the age of
16 except with another adult present.
He can have no contact with the vic
tim.
Following completion of his sen
tence he is on probation for 12
months during which time he is to
take counselling as ordered by the
probation officer.
Kienapple also attended the police
detachment to provide a blood sam
ple for DNA.
Over 80
A Blyth teen lost his license for
one year after pleading guilty to
driving with over 80 mg. of alcohol
in his blood.
Michael Courtney, 19, was
stopped by police in Blyth Aug. 19.
The officer detected signs of impair
ment. Breathalizer readings were
120.
White, acting as duty counsel,
noted that this was Courtney’s first
offense and that he entered an early
guilty plea.
Hunter fined him $750. He was
given four months to pay.
Thefts
Two men entered guilty pleas on
unrelated charges of theft.
Aubin Ross of Culross Twp. was
charged with the theft of a lighter
display containing 55 lighters from a
Wingham store. Ross was viewed on
the surveillance camera.
All the lighters, valued in total as
$100, were returned.
He was fined $300 and given 90
days to pay. Ross was also placed on
12 months probation.
Johnathon Gristey of Harriston,
pled guilty to theft. Mahas said that
the 20-year-old and another individ
ual had travelled from Listowel to
Belmore in a stolen car. They broke
the window in the Saddledome and
while Gristey waited outside the
other man entered and took $138
worth of cigarettes and lighters.
Damage to the window was $50.
White said Gristey, who has no
record, was in the company of some
one who had been in trouble before.
Hunter suspended passing of sen
tence and ordered Gristey to make
restitution. He was placed on proba
tion for 12 months and is to have no
contact with the co-accused.
Harassment
Stephen Batte, 45, of Walkerton
received a suspended sentence and
12 months probation for making
harassing phone calls to his ex-wife.
He is to have no contact with her
other than to arrange access with the
children through a third party.
Mischief
Robert Mason pled guilty to mis
chief under $5,000.
According to Mahas, police had
been called to a restaurant regarding
someone who was passed out out
side. Police planned to drop Mason
off at his Blyth residence, but
enroute he became violent and
kicked out the cruiser window,
which resulted in $333.55 worth of
damage.
He was fined $300.
Assault
A concerned father was given a
conditional discharge.
Creg Duck, 41, of Bluevale, was
charged with assault after striking
his daughter. Mahas said Duck had
found cigarettes in the girl’s pocket
and after dragging her out of bed and
yelling, he hit her on the side of the
head once with his open hand.
Hunter said, “I understand -your
concern, but there are other ways to
deal with it.”
He placed Duck on probation and
ordered him to receive counselling.
Breach probation
A visit to the Brussels Country Inn
proved costly for a Listowel man
charged with breaching probation.
Steven Hutchison pled guilty to
the charge which was laid March 23.
According to Mahas, the condition
of a probation order from Dec. 1,
1999 was that Hutchison was not to
enter any place which sold liquor.
He attended a performance at the
hotel and consumed liquor.
White said Hutchison had gone to
drive some friends home, but went in
when they didn’t come out.
“And decided to stay for the
show,” said Hunter, fining him $300.
Drug possession
Ryan Dekker, 19, of RR3,
Moorefield, was charged with pos
session of cocaine April 16 after
being stopped by police in Fordwich.
A search uncovered approximately
one gram of cocaine.
Dekker was also charged with fail
ing to appear in court June 15. He
was fined $400 for the cocaine and
$ 100 for the second charge. /
Trevor Summers, 20 of Wingham
was stopped by police in Grey Twp.
on Aug. 26. for speeding. The officer
found a small quantity of marijuana
and two partially burned ‘joints’ in
the ashtray.
He was fined $100.
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