Letter of Support from the Princeton RCMP
COURT NEWS - April 12 & 13, 2007
JUDGE LAYS JAIL ON THE LINE
Donavin Costa appeared in Provincial Court in Princeton on April 12 for sentencing on charges to which he had pled guilty in March. Sentencing was delayed in order for a pre-sentence report and a technical suitability report to be prepared (to see if Costa could serve time at his residence).
The first charge on which he was to be sentenced involved threats made to another young man in March 2006.
The second charge was impaired driving, and a charge of flight from a peace officer arose from the same incident on January 13, 2006. During this incident, police saw a pickup truck speeding on a parking lot. Police activated their emergency lights, following the vehicle, but Costa would not stop. He increased speed as he drove the wrong way up Fenchurch Avenue.
When Costa was finally pulled over, the arresting officer noted a strong smell of alcohol on Costa. The female passenger in Costa's truck was crying "hysterically".
Police took Costa to the RCMP detachment for a breath test, and obtained a reading of .110 blood alcohol.
Crown Counsel asked for jail time as well as a high fine for the 19 year old Princeton man.
Costa's lawyer asked for a chance to avoid jail, saying Costa realizes he must behave in a more grown-up manner.
Judge Hogan was not ready to hand down a lenient sentence. He told Costa many young people believe nobody goes to jail. The judge said he sends people to jail nearly every day, and assured Costa he would not last "five seconds" in jail.
Judge Hogan was angry that Costa had not bothered to attend an appointment for the technical suitability report.
The judge remarked it was like saying "Please, judge, throw me in jail."
Judge Hogan noted Costa has taken no steps to deal with his alcohol and drug problems.
Judge Hogan adjourned sentencing for three months to allow Costa time to provide information for the technical suitability report and to show he was taking action to address the alcohol problem.
"I believe in deeds, not words,"
Judge Hogan told Costa, saying Costa's actions would tell the judge whether or not Costa wanted to go to jail. He added Costa is prohibited from driving for two years.
FAMILY STRESS LEADS TO FINE
Donald Bettger, of Creston, B.C. appeared in Provincial Court in Princeton on April 12 to plead guilty to a charge of driving without due care and attention under section 144 of the B.C. Motor Vehicle Act.Bettger was arrested on January 7, 2007, following observation by an RCMP officer doing highway duty. At 10 minutes before midnight, the officer was following two vehicles on Highway 3 east of Princeton. He saw one vehicle pull off on the road to the golf course. The officer pulled into a cul-de-sac road further down the highway and parked. Shortly after, the car that had pulled off came down the highway. The vehicle stopped abruptly on the side of the highway near the police vehicle. The officer went to speak with the driver and smelled marijuana.
In court, Bettger's counsel said Bettger had family problems at the time and had pulled over due to stress.
Bettger was ordered to pay an $800 fine with a 15 percent victim fine surcharge.
TRAIL ENDS IN SENTENCE
Kyle Fraser stood trial in Provincial Court in Princeton on April 12 on a charge of driving while prohibited. Fraser was arrested on October 21, 2006, when police observed him driving a vehicle at the intersection of Highway 5A and Bridge Street.Police observed him drive through the intersection and along the street, then turn into an alley behind a pizza parlour.
The local RCMP officer was aware Fraser had never had a valid driver's licence. In fact, not 24 hours before he was arrested, Fraser had attended court in Kamloops and had been prohibited from driving. In addition, police noted Fraser had been consuming alcohol and issued a 24 hour driving suspension on the spot.
Fraser, who defended himself, said his girlfriend had been driving and had dropped a lighted cigarette which fell under Fraser's seat. They had stopped at the corner of the highway to look for the cigarette, Fraser said, then he had decided it was not a good place to park, and had driven over to the pizza parlour. He maintained he had told the police why he had driven, but neither of the officers involved could recall anything about a dropped cigarette. The girlfriend and Fraser had split up and she refused to go to court to testify.
Judge Hogan decided driving to a new location was not a necessity, and found Fraser guilty of the offense. Fraser was prohibited from driving for a year.
Judge Hogan asked Fraser why he never had a driver's licence, and Fraser said he could never pass the written test because he cannot read well enough. The judge advised him there is a computer program for people who cannot read, and even people who cannot speak or read English can get a driver's licence. He gave Fraser some advice on how to get a licence.
DRIVER LOSES LICENCE
Cheryl Foote appeared in Provincial Court in Princeton on April 12 to plead guilty to an impaired driving charge. She was arrested on February 25, 2007, following a hockey dance at Princeton arena.When stopped at a road block set up by RCMP near an auto repair shop, she showed signs of impairment. She was taken to the detachment for a breath test. Her reading was .220 blood alcohol level.
Because the reading was so high, Crown Counsel requested a higher fine than usual for a first offence. Foote was ordered to pay a $750 fine and is prohibited from driving for one year.
COALMONT MAN STANDS TRIAL
Kenneth Burke, of Coalmont, stood trial in Provincial Court in Princeton on April 13 disputing a charge of refusing to give a breath sample.During Tulameen Days, on July 30, 2005, a couple witnessed an accident in which Burke lost control of his pickup truck on a gentle curve two kilometres west of Tulameen. The truck left the highway and went down an embankment into some bushes. Burke was not injured other than a small abrasion and bump on the head.
Witnesses stated their opinion that Burke had been consuming alcohol. He was taken to Princeton detachment office where he attempted a few shallow breaths but did not give a proper sample.
The trial went on into the afternoon but, after a brief recess, Burke pled guilty to a lesser charge of driving without due care and attention under section 144-1a of the B.C. Motor Vehicle Act. His sentencing is remanded to September 13, 2007.
JUDGE WARNS ABOUT VIOLENCE
A female youth appeared in court in Princeton on April 12 to plead guilty to the assault of another young woman. It was a first offence, but the conditional discharge Judge Hogan ordered came with a lot of conditions and some warnings about the consequences of future violent behaviour. He told her she had acted like a "thug".Judge Hogan warned her that a criminal record would mean she could never get a job that required her to be bondable, she could not cross into the U.S.A., and could not be a volunteer at a school. If the young woman complies with the conditions she will have no crimi
JUDGE ORDERS PROBATION, FINES
In a court appearance in Princeton on April 13, Donavin Costa of Princeton pled guilty to a charge of possession of a controlled substance. He was ordered to serve a six month probation with the usual conditions and specifically to abstain from using illicit drugs and to seek employment. He must pay a $300 fine.In Provincial Court in Princeton on April 12, Darrell Leochko, of Princeton, entered a guilty plea to an impaired driving charge. On February 25, 2007, police stopped Leochko in a roadblock on Old Hedley Road. Leochko had attended a hockey dance prior to being stopped.
Police noted a strong smell of liquor and signs of impairment. As police dealt with him, Leochko used strong threatening language and was uncooperative. His breath tests showed a high level of impairment at .240 and .220 blood alcohol.
Judge Hogan ordered Leochko to pay a $1,000 fine and prohibited him from driving anywhere in Canada for one year.
Teri Nasz appeared in Provincial Court in Princeton on April 12 to plead guilty to an impaired driving charge. Police had stopped her after seeing her vehicle swerving as she drove onto Highway 3. She exhibited signs of impairment.
When Nasz was taken to the detachment for a breath test, police obtained readings of .190. Nasz was ordered to pay a $600 fine and is prohibited from driving for one year.
In Provncial Court in Princeton on April 12, Norman Stewart, of Princeton, pled guilty to an impaired driving charge. He was arrested on January 11, 2007, when police found him in his vehicle in a ditch. The officer noted indications of impairment.
Judge Hogan ordered Stewart to pay a $600 fine and prohibited him from driving for one year.
Province of British Columbia Criminal Court Lists
