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THE CITIZEN, THURSDAY, NOVEMBER 25, 2004. PAGE 23.
Court news
Man sentenced to 3 years in penitentiary
A Wingham man is in penitentiary
after pleading guilty to four charges
in Wingham's provincial court, Nov.
18.
Scott Soloman was charged with
one count of driving with over 80
mg of alcohol in 100 ml of blood and
three counts of driving while
disqualified.
According to attorney for the
Crown, Frank Cameron, on Aug. 7,
an OPP officer stopped Soloman in
Brussels after he had squealed the
tires of his pickup. There was a
bottle of beer beside Soloman, who
was the lone occupant. Beer was
also found under the driver's seat.
The investigation revealed that
Solomon's licence had been
suspended for life for previous
impaired charges.
Breathalizer readings were 140
mg of alcohol in 100 ml of blood.
On Sept. 1 a Wingham police
officer saw Soloman driving a car.
Then on Oct. 31, again in Wingham,
the police saw a car stopped at a stop
sign. The driver was Solomon.
Defence counsel Tim Macdonald
said that on both of those occasions
his client had been driving home
impaired friends. "It's not an excuse.
He shouldn't have done it, but that's
the reason."
Macdonald also noted that while
there were many convictions, the
most recent had been six months
before these charges. He said the 37-
year-old had started going to AA.
"He realizes if he doesn't change
now, he's going to be doing life by
the installment plan."
Macdonald said that while his
client's record was "terrible", he had
managed to keep working. Noting
that Soloman had pled guilty, had
taken steps to change and had been
in custody since Oct. 31, Macdonald
asked for a one year sentence.
Judge R.G.E. Hunter had other
ideas, however, "He's looking at
penitentiary time."
He sentenced him to 2 1/2 years
for the over-80 charge and six
months on the August charge of
driving while disqualified to be
served consecutively. He received
two months concurrent on the other
charges for a total of three years.
Soloman is prohibited from
driving for life.
House arrest
Alex Henderson of Bluevale was
sentenced to six months house arrest
for fraud.
Henderson. had pled guilty in the
October court to the charges. Facts
and sentencing were postponed so
that a pre-sentence report could be
prepared.
According to Cameron,
Henderson as treasurer of the
National Wild Turkey Federation of
Ontario, was one of two people with
signing authority for the cheques.
Because of distance between the two
people, several cheques had been
pre-signed by the co-signer.
In 2003 when money was needed
to purchase guns for a draw, it was
discovered that the account was
depleted, said Cameron.
The Federation president asked for
the statements and found that 'they
had been altered. Official statements
from the bank eventually determined
that Henderson had written 34
cheques totalling $14,143.46 from
February 2001 to August 2003.
Defence counsel Mike Donnelly
said that the problem co-incided
with a back injury in 2001 that left
Henderson unable to work for a
time. Several options had been
considered for the 44-year-old to
make restitution but to date the
money had not been paid.
Cameron said that the big issue
was the breach of trust compounded
by the fact that Henderson had tried
"to hide his tracks". He asked for
incarceration to serve "as a deterrent
to him and others."
With the conditional sentence,
Henderson can only leave his
residence for employment and a
reasonable time for travel to and
from work. He can purchase
groceries only between the hours of
Saturday noon to 3 p.m. He can also
leave his house for emergencies or
any other reason specified by his
probation officer.
During his sentence he must
abstain from alcohol and must
submit to a breathalizer any time
police ask.
He must make restitution in the
amount of $300 a month minimum
with payment in full within 36
months.
Over 80
Gary G. Weber of Lucknow pled
guilty to driving with over 80 mg of
alcohol in 100 ml of blood.
Cameron said on May 29 in North
Huron police were called regarding a
man who had left the beer store and
was felt to be unfit to drive. When
stopped, officers detected an odour
of alcohol and Weber admitted to
having three beers an hour earlier.
The breathalizer readings were
230 mg of alcohol in 100 ml of
blood.
Counsel Lynn Johnston noted that
while her client had impaired
charges from 1991, 1992 and 1996,
he also had many health problems
and requested that house arrest be
considered by the judge.
Cameron requested that there also
be a lengthy period of probation and
driving suspension to "protect the
public".
Weber was sentenced to six
months house arrest. He can• leave
only for emergencies, and Saturdays
from noon until 3 p.m. for grocery
shopping. He must abstain from
alcohol and police have the right to
enter his home to take a breathalizer
test at any time.
His licence has been suspended
for two years.
"Any breach and you will be doing
six months behind bars," said
Hunter.
Drive while disqualified
A Huron East. man is serving 21
days intermittently after pleading
guilty to driving while disqualified.
Allan Stokes, 60, was charged in
Howick, March 7. The licence plate
on his vehicle was covered in mud
and the numbers were unreadable,
said Cameron. When police stopped
him he could not produce a licence
and it was eventually determined
that he had been prohibited from
driving as the result of an over 80
conviction from October 2002.
He will serve his sentence on
Wednesdays and Thursdays.
Cause disturbance
A bad temper cost a Wingham
man $750 after he entered a guilty
plea to causing a public disturbance.
Jordan Nixon was arrested after
police were called to a pharmacy on
Sept. 9. According to Cameron,
Nixon became quite angry when
questioned by the pharmacist as to
why he wanted boric acid and began
shouting. Asked to leave, Nixon
returned when he saw a clerk write
down his licence plate number, and
demanded that she give him the
paper.
He has a May 3 conviction for
causing a disturbance.
In addition to the fine, Nixon is on
12 months probation and was
ordered to stay away from the
pharmacy.
He as given three months to pay
the fine.
Assault
A Wingham man pled guilty to
assault.
The complainant told police that
during a visit with Charles Dowell,
the two had begun arguing. Dowell
threw the victim onto the couch and
put his hands around her neck saying
he was going to kill her. Cameron
said the victim managed to get away
and went to Wingham. Pentecostal
Church for shelter.
Hunter suspended passing of
sentence and placed Dowell on two
years probation.