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HomeMy WebLinkAboutThe Citizen, 2005-01-27, Page 15Court news THE CITIZEN, THURSDAY, JANUARY 27, 2005. PAGE 15. Man sentenced to six months for assault A Fordwich man was sent to jail for six months after being found guilty 'in Wingham’s provincial court Jan. 20 of assault causing bodily harm. Hendrikus VandenBrink was charged following an incident outside a Wingham bar Feb. 27. Pleading not guilty, VandenBrink represented himself. The victim testified that VandenBrink had been bothering her while she was in the bar with her son, his girlfriend and some friends. Calling the remarks derogatory, the victim said she was “not comfortable with what (the accused) was saying.” She said she left about five minutes after VandenBrink, through the back door. In the unlit parking lot, someone she identified as VandenBrink grabbed her coat, then smashed her face into the ground. While scrambling to get away, she got onto her back and was able to see her assailant. She also testified that she recognized VandenBrink’s voice. When she got away she ran to her friend’s house where police were called. Her face was described as being swollen and bloody. The swelling she said lasted about a week. Her eye was swollen shut for about three days. In cross-examination VandenBrink said he was sorry for what happened to her. “I just saw the pictures and someone did beat you up or something bad happened, but it wasn’t me.” Admitting that she was impaired by alcohol, the victim stated however that her injuries were not the result of a fall. “No, you had me by the coat and hair,” she answered VandenBrink. Murray Thornton testified that VandenBrink had been with him that night from 9 p.m. until 11 p.m. at a bar in Harriston. Thornton said he then returned VandenBrink to his home in Fordwich. Judge R.G.E. Hunter said the primary issue in the case was of identity and he believed that the victim knew VandenBrink from the bar and was in close enough proximity during the struggle outside to recognize him as her assailant. As for Thornton’s testimony, Hunter said the accused, “may have been in the company of his sole defence witness, but I believe he returned to the bar that night.” Crown Attorney Bob Morris submitted VandenBrink’s record which contained a number of assault convictions. In addition to the jail term, VandenBrink will serve two years probation. He is prohibited from owning a weapon for 10 years and must submit a sample of his DNA. JAILED The Blyth woman found guilty last month of fraud was sentenced to 90 days in jail. A pre-sentence report was presented for Donna Middelkamp who pled guilty to defrauding an elderly couple of $9,600. Duty counsel John Myers said the “incident stems from a history of bad money management.” She has a previous conviction for fraud. Restitution was made in that case, Myers said. He. noted that Middelkamp, 34, has been attempting to get her life on track with career training. “She regrets the incident. Money pressures led to it, though it certainly doesn't excuse it.” The money is owed to Town and Country Support Services, with whom Middelkamp was employed at the time. They re-imbursed the victim. Her sentence will be served on weekends. She will be on probation for one year and was ordered to make restitution. 60 DAYS Darryl Mitton, 45, was sentenced to 60 days for being near a residence he had been ordered to stay way from. The accused, who has no current address, pled guilty. The incident stems from several charges, involving a minor, in another jurisdication. While out on bail he was seen outside the place where the child is staying, Morris told the judge. In addition to the jail term, he was placed on 18 months probation. ASSAULT, UTTER THREAT Brian Donald King of Wingham pled guilty to assault, threatening death and breaching a probation order. The victim told police that King, 19, had punched him twice with his fist on his face and had put his hands around his neck. “He threatened to kill him if he had any contact with his girlfriend again,” said Morris. The victim was taken to the hospital by his father. King, 19, was on probation at the time. He was given 30 days in jail for the assault, and 15 days consecutive each of the two other charges for a total of 60 days. Hunter placed him on probation for 18 months. King is prohibited from owning weapons for five years. OVER 80 Kevin Ste-Marie, 42, of Bluevale Looking for local heroes There are so many people out there who do so much to improve their community. Now you have a chance to say thanks. Nominate that special person for the 20th Annual Citizen Citizenship Awards. ' Each year a committee chooses an outstanding citizen from each of the Blyth and area and Brussels and area communities to receive an award for contribution to the community. If you know someone you think should be honoured, please fill in the ballot and send it in. You may attach a longer explanation of why you think your nominee should win, if you like. If you have nominated someone before and he or she didn't win, please feel free to try again. I nominate-------------------- as Citizen of the year for I feel she/he deserves this award because Nomination Deadline April 30, 2005. Name and phone number of nominator-------------------------------------------------------------------------------------------------------------------------------------------------- pled guilty to driving with over 80 mg of alcohol in 100 ml of blood. According to Morris, police stopped Ste-Marie for speeding on Sept. 18 on Amberley Road. The officer detected a strong odour of alcohol. Breathalizer readings were 150 and 140 mg of alcohol in 100 ml of blood. Ste-Marie has three prior convictions for over 80 from Nov. 17, 1982, Dec. 2, 1987 and Oct. 5, 1993. He was fined $1,500 and has lost his licence for one year. He was given 12 months to pay the fine. DRIVING DRUNK An RR2, Bluevale man entered a guilty plea to driving with over 80 mg of alcohol in 100 ml of blood. On Nov. 13, Justin MacTavish was stopped by police during a random check. Breathalizer readings were 120 mg of alcohol in 100 ml of blood. Defence counsel Mike Donnelly noted that the 22-year-old had no record and was pleading guilty at the first opportunity. He was fined $750 and has lost his licence for 12 months. He was given six months to pay the fine. TWO YEARS PROBATION A Brussels man is facing a lengthy probation term for failing to stay away from his family home. Albert Dale Ruby, now of Milverton had entered a guilty plea in March to assault causing bodily harm, assault and two charges of breaching a probation older. A new term of probation included the condition that he have no contact, other than by telephone, with his wife and children. He was arrested Oct. 8 after being found at the family home. During Thursday's trial both he and his wife testifiedI that he had been dropping off his truck so that she could borrow it.and did not know she was at Ihome at the time. Hunter suspended pass.ing of sentence and placed Ruby,37,on two years probation. SUSPENDED SENTENCE Jeritt Hemeon of Meaford pled guilty to entering a home with intent to commit an indictable offence and to a charge of telephone harrassment. The victim told police she had returned home April 16 to find Hemeon, her ex-husband, in her bedroom. According to Morris, the 29-year-old was upset and began calling the woman names. Between April 1 and Oct. 3, Hemeon made repeated telephone calls during which he verbally harrassed her. Myers said the accused was now taking positive steps to change his behaviour. He was given a suspended sentence and placed on probation for 18 months, during which he is to have no contact with the victim. ASSAULT A Morris-Turnberry man was given a suspended sentence and placed on probation for 12 months after pleading guilty to assault. Morris said that Jesse Bruce had been arrested July 10 after his father reported the assault. During an argument, Bruce had pushed his father in the chest. This was the second time Bruce had been charged with an assault against his father. Mr. Bruce told the judge that his son had been allowed to return home provided he follow specific rules. “He is living up to the requirements.” That Bruce continue to be “amenable to the rules of the house” was a condition of the probation order. POSSESSION OF STOLEN PROPERTY Shirley Corbett of Walton pled guilty to possession of stolen property. Morris said the accused had taken some antique watches from the home of an acquaintance. This individual learned about the theft when he was contacted by a mutual friend who said Corbett had tried to sell him one of the watches, which she told him had belonged to her grandfather. Myers said the 41-year-old admitted now it was a “stupid thing to do” and noted that the property was returned. She was given a suspended sentence and placed on 12 months probation. MISCHIEF F.van Scammell of Wingham pled guilty to mischief under $5,000. According to Morris, police were contacted over damage to a business on Nov. 19. Two rocks had been thrown through a window and some interior walls and a bench had received light damage. The accused “voluntarily” attended at the police station and confessed that he had broken the window, said Morris. Myers said the 19-year-old had been “caught up in the moment.” He was given a conditional discharge and fined $500. He has 90 days to pay the fine and must make restitution in an amount determined by the probation officer, within nine months.