Letter of Support from the Princeton RCMP
COURT NEWS - February 16, 2006
POLICE PURSUIT ENDS IN COURT
During Tulameen Days, RCMP were patrolling Tulameen at 12:50 a.m. when they saw a red pick-up approaching at high speed. It lost control temporarily. Police placed their vehicle across the road, but the pick-up dodged around it and police followed the pick-up. When the pick-up stopped, the driver stepped out. According to police, the driver was "visibly impaired".
Jason Willis, of Princeton, appeared in Provincial Court in Princeton on February 16 to plead guilty to charges laid after he was arrested.
Police stated Willis was aggressive, offering resistance. On the ride to the detachment office, Willis kicked out a window in the police vehicle, sustaining minor injuries. He was taken to Princeton General Hospital where a doctor said Willis exhibited behaviour associated with consuming a combination of alcohol and cocaine. Willis was not given a breath test, having agreed to a blood test. The blood test showed a high level of alcohol in his system.
Willis' defense counsel said Tulameen Days had become "somewhat of a bad custom". Willis had enjoyed a day of water skiing and sun bathing, then began consuming alcohol at about 5:00 p.m. and continued for the rest of the evening. A friend had given him some cocaine during that time.
Defense counsel said Willis had since moved to Merritt to "get away from bad influence".
Willis had a prior impaired driving charge dating back to 1994. He was ordered to pay a $700 fine for the recent impaired conviction and a $300 fine for dangerous driving. In addition, he was ordered to pay the RCMP $55.60 for the window he broke.
WOMAN FACES SENTENCING
"Entrapment" was a defense strategy in the trial of Parksville resident Annette Fidler in Provincial Court in Princeton on February 16.Fidler had resided in Princeton on June 28 and 29, 2003, when she was approached by two undercover RCMP officers. The officers had been advised by local police that Fidler was a known user of cocaine, and might be trafficking. Local RCMP had received a tip from an informant identifying Fidler as a user.
The undercover officers asked Fidler if Princeton was "dry", and Fidler offered to help them out. She arranged to meet them at Rotary Park. There, she told them she would get them cocaine if they would give her the money to make the buy. She rode away on her bicycle and returned a little later with two flaps of cocaine.
The following day, she sold them another flap of cocaine.
Defense counsel argued that Fidler had not been involved in any criminal activity when approached by the undercover officers, and had been induced into obtaining the cocaine and selling it to them. He referred to the police action as a "random virtue test" used to trap targeted persons into committing a criminal act.
Crown Counsel argued that Fidler had not been induced into selling, but had been asked if Princeton was "dry". She had offered to help the men.
Judge G. Sinclair did not buy the entrapment argument. He found Fidler guilty of trafficking.
A pre-sentence report and a report on Fidler's suitability for house arrest will be prepared in the next two months. Fidler will be sentenced in April.
LOCAL MAN IS FREE AGAIN
After being in custody since last month's court appearance, David Goulet, age 30, appeared in Provincial Court again on February 16.Goulet faced many charges, beginning with an assault of Matt Waddington, assault of police officers, charges of breach of probation, and uttering threats.
He entered guilty pleas.
Goulet had been ordered to stay away from his girlfriend, but the couple reconciled despite the court order. When neighbours complained of loud music, police went to Goulet's home and he became belligerent, attacking the officers and uttering threats. He had been drinking and was violent. Police could subdue him only after using pepper spray and a taser.
Goulet had a history of alcohol-induced criminal behaviour. Judge G. Sinclair said Goulet is one of those people who cannot tolerate alcohol and must never consume it. Goulet agreed to an 18 month probation during which he is to abstain from alcohol.
ALBERTA CHARGE BRINGS BC PENALTY
Tyme Hennenfent was on probation in Alberta pending payment of restitution. When she did not pay it, she was summoned to appear in court. When she failed to appear, she was charged again.Hennenfent appeared in Provincial Court in Princeton on February 16 to plead guilty to both charges waived from Alberta.
She had paid the restitution, and was ordered to pay a $100 fine for each of the charges after pleading guilty.
BAD DRIVING NETS BIG FINE
Gerald Gentille, of Richmond, B.C., appeared in Provincial Court on February 17 to plead guilty to a charge of driving without due care and attention.He had been apprehended by RCMP when he had crossed the center line near Princeton Husky, driving straight toward the police vehicle.
When Gentille was pulled over, the officer found an open can of beer in the vehicle and some signs of impairment. Gentile admitted drinking a few cans of beer on his trip from Richmond.
The 40 year old man had no prior convictions of any kind. He was ordered to pay a $1,000 fine and to serve 90 days of driving restricted to trips to and from work. The 90 day period is covered by a $500 recognizance.
JUDGE BACKS SEARCH WARRANT
At the trial of Gary Renaud, of Princeton, the validity of the search warrant was challenged. Renaud stood trial in Provincial Court on February 17 on a charge of production of marijuana.An RCMP officer testified that he and another officer, on March 2, 2004, had been dealing with a complaint involving Renaud and dogs. The following day they went to Renaud's residence to discuss the matter. When Renaud opened the door of his mobile home, the constable said he had a whiff of marijuana growing. He recognized the smell due to many previous investigations of grow operations.
Defense counsel for Renaud argued that a whiff of scent did not constitute grounds for a search warrant, and further, that Renaud had not been given an immediate opportunity to consult with legal counsel.
There were many small issues related to the arrest that Renaud's lawyer questioned. A number of other judges' decisions were reviewed.
Judge G. Sinclair had his own set of decisions to review, and quoted one that states "smell alone can be grounds for a search warrant."
As to the argument that Renaud was not given immediate opportunity to call a lawyer, Judge Sinclair found there were no unnecessary delays except at Renaud's request (he wanted time to smoke a cigarette).
Renaud promptly changed his plea to "guilty". A pre-sentence report was requested. Renaud will be sentenced on May 11.
LADY LOSES LICENCE
Driving while prohibited was the charge that brought Jennifer Cleven to court in Princeton on February 16.The charge was waived from Burnaby, where a police officer saw a driver without a seat belt and pulled her over.
That was when the officer discovered the 21 year old Princeton resident was prohibited from driving due to an impaired driving conviction in August 2005.
Cleven was ordered to pay a $500 fine and is prohibited from driving for another year.
JUDGE DISCHARGES ONTARIO WOMAN
Her lawyer represented 20 year old Amanda Holmes of Ontario and entered a guilty plea on her behalf in Provincial Court in Princeton on February 16. Holmes was charged with assault after she attacked a fellow worker at astaff party at Manning Park.
The incident began as a result of a fight between Holmes steady boyfriend and a man with whom she had an affair.
Holmes blamed her co-worker for telling Holmes' boyfriend about the affair. Holmes attacked the woman, beating her and ripping out the woman's earrings.
Everyone had been drinking.
Holmes had apologized to the woman when all were sober, and expressed remorse for her behaviour.
Judge G. Sinclair gave the college student an absolute discharge, but ordered her to pay a $50 victim fine surcharge.
Province of British Columbia Criminal Court Lists
