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Revelstoke Rotary tent slasher sent to prison for repeated breaches of probation

Stories from the June 5–6 sitting of Revelstoke Court.

One of the three Rotary tent slashers was placed in custody for 45 days after repeatedly breaking the terms of his probation.

The 16-year-old was originally arrested and charged for slashing the Rotary tents before the Glacier Challenge softball tournament in July 2011. He had been back in court several times for failing to meet the terms of his probation, including not completing his community service.

Last week, he was back in court for a series of breaches, including failing to attend a full-time youth program in Cranbrook, consuming alcohol and breaching his curfew.

"It's not a hopeful pre-sentence report," said Judge Wilfred Klinger.

"It's been a long haul," replied probation officer Bob Sawatzky, adding he didn't see the use for further probation.

The youth acknowledged his inability to meet the terms of his probation and said he preferred to be placed in custody.

"I don't know. I fell off the grid. I didn't know what to do with my life anymore," said the youth. "I'm a hard person to work with. I won't lie. I have a short attention span."

Klinger handed a 45-day sentence, with 30 days to be spent in custody and 15 days spent with community supervision.

Series of crimes nets man 90 days in prison

A Revelstoke man was handed a 90-day suspended sentence for a string of crimes he committed earlier this year.

Keith Alexander McKay pleaded guilty to a number of offences, included possession of stolen property, theft, use of a stolen credit card, possession of stolen property and fraud under $5,000.

The charges stemmed from three different incidents. The first took place in Squamish, B.C., on Feb. 13, 2013, when he used a friend's debit card to withdraw $100 from  a bank account.

The second incident happened later that day, when he stole his girlfriend's father's truck. He was stopped in Surrey and arrested.

The third incident happened on Mar. 21 when he stole a vehicle and credit card from someone. He attempted to use the credit card at 7-Eleven and again at the TD Canada Trust. The thefts were reported and he was arrested not long after.

"I'm sorry for what I've done in the past," McKay said during sentencing, adding that he recently had a child with his girlfriend.

Judge Wilfred Klinger noted McKay's previous criminal history in his sentencing. "The question is, when are you going to learn?" he asked.

"Now that I have a kid, I know it's not just about me," replied McKay.

Klinger handed down a 90-day suspended sentence, to be served on weekends, and one year probation, with conditions not to enter any vehicles unless permitted, not have contact with any of the victims, and not be in possession of anyone's identification, credit cards, debit cards, cheques and more.

"I hope this will compel you to change your behaviour," he said.

Youth receives probation for bush party brawl

A Revelstoke youth was ordered to attend a placement program and given a probation term of eight months for her role in a brawl at a bush party in March.

The incident took place on Mar. 22 at around 11:30 p.m. According to crown prosecutor Angela Ross, the youth was in a group of four when one girl asked for a cigarette. She was told yes, but only if she punched another girl.

The girl did so, but the victim quickly gained the upper hand in the fight. That's when the accused jumped in and started kicking the victim.

The youth was already on probation for a previous assault and her conditions included a curfew and an alcohol prohibition.

Youth worker Bob Sawatzky told the court that the youth had poor attendance at school and recommended she attend the six-month placement program.

The youth's lawyer, Melissa Klages, noted the youth's tough childhood. She said the youth was now getting good support from her friends, family and the community "She needs to stay busy and productive to stay out of trouble," said Klages, who added the youth would prefer to return to school than attend the placement program.

Judge Wilfred Klinger ordered the youth to attend the program and gave her eight months of probation. "You have to understand if you continue down this path you will go to jail. That won't do you any good, but I have to protect the community," he said. "I'm not giving up on you. The community is not giving up on you."

Last month her co-accused pleaded guilty to the assault charge and agreed to enter into a 12-month recognizance to stay away from the victim.

Different fines for same skiing crime

Two skiers pleaded guilty and were fined for entering a closed area of Glacier National Park. They were upset though, because a third member of their party received a smaller fine because he was about to leave the country.

The three people were caught skiing in the Loop Brook area of the park on Apr. 1 when it was marked closed. They said they got an early start that morning to avoid avalanche hazards later in the day, but they had neglected to check the status of the closures.

“We made an honest mistake in not checking the closures that morning,” said one skier.

However, they contended the $500 fine the Crown was asking for was unfair because their friend was only fined $115 for the violation when it was learned he was about to return to Europe.

Judge Wilfred Klinger asked federal Crown prosecutor Nick Vlahos to justify the larger fine.

"The reason the punishment is different is because there would have been none otherwise," said Vlahos.

On that note, Klinger lowered the fine to $250 each.

Man gets 30 days for driving offence

A man with a history of driving offences was given a 30-day sentence after being found guilty of impaired driving, refusing to provide a breath sample, and driving while prohibited.

Thomas R. A. Reisig was stopped on Aug. 10, 2012. He pleaded guilty in April 2010 for refusing to provide a breath sample, and again in February 2012 for driving while prohibited.

For his third offence, Judge Wilfred Klinger gave him 30 days in prison, six months probation, a one-year driving prohibition, and a $100 victim-fine surcharge.