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Parole denied for man convicted in Sask's largest fraud case

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The Saskatchewan man convicted in the biggest fraud case in the province’s history has been denied early release from prison.

Ronald Jerry Fast, 73, is serving a seven-year sentence after pleading guilty to fraud over $5,000 and possession of property obtained by crime. He was arrested in 2012 following a two-year police investigation that revealed Fast had defrauded more than 200 investors of $16.7 million.

Fast used his company, Marathon Leasing Corporation, in a Ponzi scheme, promising high interest rates through the infusion of money from new investors, court heard at his sentencing in 2014. 

During a parole hearing earlier this month, Fast sought either day parole or full parole, citing his remorse, lack of criminal record and family support. 

The parole board ruled there is no evidence Fast has addressed any of his risk factors over the course of his sentence, thus denying him both parole options. 

“Your comments that you are truly remorseful and only blame yourself are inconsistent with recent file information that outlines limited insight and a deflection of responsibility,” the board’s decision states, citing information from Fast’s case management team that “Fast does not have much insight into the impact his offending had on his victims.”

He was ordered to pay back the $16.7 million he stole from his investors, many of them elderly people who lost their life savings. 

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Prison sentence for man found carrying sawed-off rifle in backpack

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A drug user carrying a loaded, prohibited firearm in a backpack while roaming around Saskatoon posed a risk to both the public and the police officers who found him, a Crown prosecutor told a Saskatoon courtroom during the sentencing of Paul Eric Wilson. 

Wilson was arrested on Aug. 29, 2015 after police discovered him partially lying on a street in the 300 block of Avenue J North, a backpack tucked under his body. 

The officers searched the bag, which Wilson denied owning, and found a sawed-off .22-calibre rifle with a round in the chamber and the safety off, a handgun with a live CO2 cartridge, ammunition and two knives, prosecutor William Collins told court. Two more knives were found on Wilson, he said.

Even if he wasn’t a threat at the time, carrying those types of weapons “reflects a willingness to engage in conflict,” Collins said.

Wilson entered guilty pleas to possession of a prohibited firearm with ammunition, unauthorized possession of a firearm, possession of a weapon for a dangerous purpose and breach of recognizance. 

He also pleaded guilty to possessing 6.6 grams of marijuana, 1.8 grams of methamphetamine and two hydromorphone pills. 

Wilson has struggled with drug and alcohol addiction since he was 13 years old, according to his lawyer, George Combe. He was abused by family members, some of whom introduced Wilson to drugs at a young age, and his father was murdered, Combe said when outlining Gladue factors for the court to consider. 

Wilson wants to have a relationship with his two young children and has been working with his sister on getting addictions treatment when he is released, Combe said. 

His criminal record includes a six-year sentence in 2004. Wilson was out on a recognizance for possession of stolen property and drug charges when he was arrested in Saskatoon.

Combe said the backpack did not belong to Wilson; he was waiting to give it to someone and admits he should have known what was inside. 

On the most serious charge of possessing a prohibited weapon, Collins argued for four years in jail while Combe argued for two years.

Judge Morris Baniak went with a three-year sentence on the charge, giving Wilson another consecutive month for the breach and three consecutive months for drug possession. Wilson received six months concurrent on each of the other gun charges.

bmcadam@postmedia.com

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Defence challenges Project Forseti search warrant for Fallen Saints president

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A Saskatoon defence lawyer is challenging the reasons for a search warrant that led to gun and drug charges against Mark Michael Nowakowski, the president of the Fallen Saints Motorcycle Club, whose home was raided in connection with Project Forseti.  

The 15-month drug investigation targeting members of the Fallen Saints and Hells Angels culminated in police raids across the province. When police officers stormed into Nowakowski’s home on Jan. 14, 2015, wearing SWAT gear and with their guns drawn, the “violent, aggressive and dynamic” entry wasn’t approved by the justice who issued the search warrant, defence lawyer Nicholas Stooshinoff argued. 

Instead, he said it was unnecessary, uncalled for and used to demonstrate the “awesome power of the state.”

The charter application is being heard at Saskatoon provincial court during a voir dire at the trial of Nowakowski and his wife, who was also charged as a result of the search. A voir dire is a trial within a trial to determine the admissibility of evidence. 

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Stooshinoff said there is no evidence to justify the alleged crimes that formed the basis for the search warrant. The alleged offences include possession of proceeds of crime, aggravated assault and directing an offence for the benefit of a criminal organization. 

The officer who swore an information to obtain the search warrant for Nowakowski’s home relied on gossip and hearsay from Noel Harder, a paid police agent who was a member of the Fallen Saints, Stooshinoff argued. 

He told the judge the biggest issue is that the officer had no direct knowledge of the matter and used second-hand information of Nowakowski’s “bad character” to leverage a search warrant. 

According to the officer, Harder said Nowakowski gave large amounts of money to other club members to finance their drug transactions, and then laundered their drug money. Stooshinoff argued none of that information was corroborated before the search warrant was issued. 

Although Harder secretly recorded Nowakowski stating “we don’t deal drugs as a club,” it isn’t mentioned in the officer’s document, Stooshinoff said. Failing to disclose that creates a misrepresentation of the situation, he argued. 

If officers were looking for financial information regarding proceeds of crime, they could have asked for a production order, Stooshinoff said, adding the dramatic SWAT team response was completely unnecessary. 

SASKATOON, SASK.; JANUARY 22, 2015 - Mark Nowakowski, Fallen Saints, leaving Provincial Court in Saskatoon, January 22, 2015. (Gord Waldner/The StarPhoenix)

Mark Nowakowski, Fallen Saints, leaving Provincial Court in Saskatoon, January 22, 2015. (Gord Waldner/The StarPhoenix)

Nowakowski is accused of ordering an assault on a fellow club member, who allegedly agreed to take a beating at the Fallen Saints clubhouse in December 2014. Stooshinoff asked what evidence the police would expect to find at Nowakowski’s home that would have anything to do with an alleged assault. 

He also cited discrepancies between what Harder said in police interviews and what the officer swore in his document. The officer’s information states Harder saw Nowakowski make decisions on the handing out of violence, even though Harder told police he wasn’t really involved but believed “Mark would have okayed” certain types of violence. 

Stooshinoff said those vague observations are concerning, and not acceptable evidence to kick down a door and hold guns to people’s heads. 

The federal Crown is expected to make its arguments when the charter application continues on today.

bmcadam@postmedia.com

Arguments over search warrant in Project Forseti case adjourned to Sept.

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The continuation of arguments in a charter application hearing surrounding the Project Forseti search warrant for the president of the Fallen Saints Motorcycle Club has been adjourned to give the federal Crown time to consider its position.

Through the application, which is being heard in Saskatoon provincial court, the defence is seeking to cross-examine the police officer who swore an information to obtain the search warrant for Mark Michael Nowakowski’s home.

The criminal allegations that led to the search stemmed from Project Forseti, a 15-month long drug investigation involving the Fallen Saints and Hells Angels. 

On Jan. 14, 2015, SWAT members found guns and drugs after raiding Nowakowski’s home. Details about the items seized were not outlined in court when arguments began on Wednesday. 

Defence lawyer Nicholas Stooshinoff argued the allegations of aggravated assault, possession of proceeds of crime and organized crime offences were based on hearsay and did not justify the police raid. 

Stooshinoff also plans to challenge the validity of the search warrant itself. That argument will be made when the hearing resumes in September. 

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Escaped dangerous offender has history of sexual violence in Sask.

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Darrell Peter Moosomin — the dangerous offender who escaped from a federal correctional facility in Alberta last weekend — has a history of horrendous crimes involving torture in Saskatchewan. 

According to parole documents, Moosomin’s past offences include several sexual assaults, holding a knife to a man’s neck and threatening to kill him and beating another man so badly that one of his legs needed to be amputated.

Court records show he also held a woman hostage, beat her with multiple objects and repeatedly raped her. He then suspended her from a rope until she lost consciousness, lifting her up at the last minute to save her life. 

The woman was able to escape when Moosomin eventually fell asleep. 

In 1995, Moosomin pleaded guilty to aggravated assault, aggravated sexual assault, forcible confinement and uttering death threats in connection with the confinement case. The 54-year-old was declared a dangerous offender that same year, but his status was updated in the system in 2008, according to Jeff Campbell, a spokesman for the Correctional Service of Canada (CSC).

Moosomin was given an indeterminate sentence and has been in custody ever since. He was denied parole in 2010; parole documents showed he still posed a moderate to high risk for sexual recidivism and would need further sex offender maintenance programming. The Parole Board expressed concern about Moosomin’s “predatory actions” toward female correctional staff, especially considering his history of sexual violence. 

He escaped from the Pe Sakastew Centre, a federal minimum-security correctional facility in Hobbema, Alberta, on Aug. 14. RCMP say an elder was escorting Moosomin to a powwow and lost sight of him. According to a 2010 parole document, Moosomin had previously made unescorted trips for cultural purposes “with no concerns noted.”

A CSC news release states Moosomin has been sentenced for escaping lawful custody in the past. 

He is from the Mosquito First Nation near Biggar, but a spokesperson for the Alberta RCMP said they haven’t received any information that would lead them to believe he is in Saskatchewan. RCMP have been following up on several tips about alleged sightings of Moosomin on foot in Alberta, the spokesperson said. 

Police say Moosomin should not be approached. They want anyone with information about him to call the Maskwacis RCMP at 780-585-4600 or Crime Stoppers at 1-800-222-8477. 

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Judge to decide if woman who killed son knew act was 'morally wrong'

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At the time she killed her five-year-old son, a Saskatoon woman diagnosed as paranoid schizophrenic still knew the act was “morally wrong” and that it would be viewed that way by society, a Crown prosecutor said during closing arguments at the murder trial of Kellie Dawn Johnson.

Justice Neil Gabrielson will have to decide if Johnson, 38, is guilty of first-degree murder or should be found not criminally responsible for killing her son, Jonathan Vetter.

Defence lawyer Leslie Sullivan argued Johnson was in the midst of a psychotic episode when she slit her son’s throat on Jan. 4, 2014 while her other son slept in the same bedroom. She then took a taxi to Royal University Hospital, where she told a nurse that she was hallucinating and may have hurt her son because she was trying to save him from going to hell, according to an agreed statement of facts. 

Johnson’s state of mental health was steadily declining, Sullivan said. She had been suffering from schizophrenia for quite some time and stopped taking her medication about a month before the killing, court heard.

Sullivan said her client believed she was saving her son from a “terrible fate.” Johnson told police that an evil “woman” would stalk her and threaten to kill her and her two sons. She was convinced that if she died, her youngest son would be molested, then become a molester, and therefore go to hell. 

On the night of the murder, Johnson felt she was left with no choice when the “woman” told her she was going to die, Sullivan argued. She said Johnson did the only thing she believed she could do — send her son to heaven by killing him first. 

“She is living in a different world than we are,” Sullivan said. “She believed she was doing the right thing.”

Crown prosecutor Brian Hendrickson said there’s no doubt that Johnson was suffering from schizophrenia, but cited testimony from a psychiatrist who said it wouldn’t necessarily diminish her ability to reason. 

He argued the fact that Johnson bought and hid a knife, hesitated at her son’s bedside before killing him, apologized and then ran away proves she knew what she did was morally wrong — if not in her own eyes, then at least in the eyes of society. 

Hendrickson said Johnson’s actions before, during and after the murder also demonstrate an ability to make rational decisions. He also pointed to evidence that Johnson was able to ignore what the “woman” told her in the past. 

Under the Criminal Code of Canada, no person is criminally responsible for an act committed while suffering from a mental disorder that renders the person incapable of knowing it was wrong. A forensic psychiatrist who examined Johnson after the murder, and testified at her trial, said Johnson’s case would fit that criteria. 

Instead of serving a prison sentence, people who are found not criminally responsible are sent to a forensic psychiatric hospital where they are assessed and treated. A review board decides if and when the person can be released back into the community. 

Justice Gabrielson reserved his decision. The case is expected to return to court on Oct. 28.

— with files from Hannah Spray

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Man accused of assaulting wife, who later died, has charge stayed

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An aggravated assault charge has been stayed against a Saskatoon man accused of domestic violence against his wife, who died while he was in custody.

Michael Paul Welsh, 44, was charged on Sept. 17, 2015, four days after the alleged assault against his wife, Raylene Frerichs. 

She was expected to testify at her husband’s trial the following month. It was adjourned after Frerichs, 45, was found dead in the couple’s rented home in the Willowgrove neighbourhood on Oct. 12, 2015.

Welsh was not charged in connection with his wife’s death, which police determined did not involve foul play. The cause of her death has not been made public. 

Details of what allegedly happened between the couple were presented during Welsh’s bail hearing. A publication ban on that information remains in place, because a stay of proceedings allows the Crown a one-year window to recommence the charge if new evidence comes to light. 

“At this time, with the evidence I had to present to the court, I concluded that there wasn’t a reasonable likelihood of conviction for the charge of aggravated assault that he had been charged with,” Crown prosecutor Evan Thompson said. “That’s why the written stay of proceedings was entered.”

Through his lawyer, Welsh declined to comment on the matter. Frerichs’ family could not be reached for comment. 

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'It was an accident': Man sentenced for hit-and-run that injured woman

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On a dark, snowy morning in the dead of winter, Kevin Dewayne Gysler hit a 69-year-old woman who was walking to work near Broadway Avenue and Third Street. 

Gysler, who was 22 years old at the time, did not stop, likely because he was late for work and wasn’t sure what had happened, defence lawyer Kevin Hill said during his client’s sentencing at Saskatoon provincial court. 

The Feb. 3, 2012 collision left the woman with “significant” injuries that required multiple surgeries, including a broken pelvis and ribs, court heard.

On Tuesday, Gysler pleaded guilty to failing to stop at the scene of an accident where a person has been injured. Judge Morris Baniak accepted a joint sentencing submission from the Crown and defence, imposing a $5,000 fine and 18-month driving ban. 

Crown prosecutor Gary Parker said without the guilty plea, the likelihood of conviction would have been low, despite a thorough investigation. There was evidence that Gysler’s truck was involved, but no witnesses could put him behind the wheel, Parker told court. 

Parker said the woman did not see the vehicle that hit her, and Gysler exercised his right to remain silent throughout the police investigation. In a quest for information, the Crown suggested several investigative techniques, even placing an undercover officer in cells with Gysler when he was being held on the charge of failing to remain at the scene. 

Police spent years gathering circumstantial evidence before Gysler was charged in 2015, court heard. 

Hill said his client’s guilty plea is an expression of his remorse and a desire to bring closure to an incident that happened more than four years ago, adding the delay was because Gysler was listening to his advice to keep silent when speaking with police.

Gysler wanted to plead guilty, despite knowing he would likely win a trial, Hill said. 

Although Gysler made an “immature choice” to leave, remaining at the scene would not have changed the woman’s injuries, Hill noted. The judge replied that sometimes drivers who stop can help an injured person. 

bmcadam@postmedia.com


Adjournment for teen accused of killing Nikosis Cantre

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The Saskatchewan teen accused of killing a six-week old baby after she left an open custody youth facility in Saskatoon appeared by video in provincial court on Wednesday. 

Her case was adjourned to allow her lawyer, Cathy Bohachik, to discuss a recently completed psychological report with her. 

The 16-year-old girl is charged with second-degree murder in the death of Nikosis Jace Cantre. Family members of the boy have said the accused teen was a stranger who relatives met in downtown Saskatoon on July 2. 

They said the teen had nowhere to go and was invited back to a house on Waterloo Crescent. She was arrested the next day after Nikosis was found injured inside the home.

A large group attended Wednesday’s court appearance in support of Nikosis, wearing white T-shirts with a photo of the little boy. Some expressed frustration over the adjournment.

The accused, who cannot be identified under the Youth Criminal Justice Act, is scheduled to be back in court on Sept. 21. 

bmcadam@postmedia.com

twitter.com/breezybremc

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Appeal filed in Saskatoon home invasion

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A man whose friend was killed during a home invasion they were involved with in the Grosvenor Park neighbourhood is appealing the seven-year sentence he received last month.

Nicholas Francis MacLeod, 20, pleaded guilty to breaking and entering and wearing a face mask during the commission of an offence. He, along with Nathaniel Taylor Narula and brothers Cody and Corey Favel, broke into a home on Garrison Crescent on Oct. 14, 2015 with the intention of stealing drugs and money. 

Corey Favel, 25, was shot and killed by someone inside the house. That person is not facing charges.

MacLeod indicated that he is appealing his sentence because he did not have a weapon, unlike the other three men involved. Court heard the deceased was carrying a machete, Narula had a shotgun and Favel was armed with bear mace. 

Narula and Favel received seven-year sentences after the Crown and defence made a joint submission. 

During sentencing submissions, defence lawyer Ammy Murray argued MacLeod should get just under a three-year sentence because of his less-significant criminal record and limited involvement in the offence. 

A date has not been set for the appeal to be heard. 

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Viterra found not guilty in death of grain terminal worker

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A Saskatoon judge has acquitted Viterra of six charges under the Canada Labour Code in connection with the death of a junior employee who suffocated in a grain bin at a terminal near Rosetown nearly five years ago. 

In a written decision, Queen’s Bench Justice Grant Currie ruled the Crown had failed to prove beyond a reasonable doubt that the company neglected to teach Paul Cruse how to unplug a blockage in a receiving pit, how to keep safe when doing so, and about the hazard of being engulfed in grain. 

On Sept. 8, 2011, Cruse entered the grain receiving pit to deal with an apparent blockage at the screen on the pit’s bottom. He was immediately engulfed once he stepped onto the canola seed inside. The 27-year-old had been working at the Viterra terminal for three and a half months, according to the decision. 

Currie said he believed the testimony of assistant manager Clint Charlie, who said he told Cruse to look into the receiving pit with a flashlight to see if anything was blocked. 

Bob Barrie, a contractor who was delivering grain that day, testified that Charlie told him if the pit were in fact blocked, Cruse would have to go inside to clear it.

Currie said he cannot accept Barrie’s evidence because there were too many inconsistencies between his three statements. Instead, he accepted Charlie’s evidence that he would not have told Cruse to go into the pit because it’s not possible to clear that kind of blockage from inside. 

The Crown argued Cruse wouldn’t have entered the pit without following safety procedures if he had been properly instructed and trained. Evidence presented at the trial showed Cruse had taken and passed training modules about the dangers of confined space entry, and learned that he was not to enter a confined space, like a grain pit, without getting the necessary hands-on training — which he had not yet received. 

“Viterra did not have an obligation to train and supervise Mr. Cruse with respect to the actual unblocking of a receiving pit, because Viterra did not tell him to do that job,” Currie wrote in his decision. 

He acquitted the grain company of two counts of failing to instruct Cruse how to unplug a blockage in a receiving pit, two counts of failing to train and supervise him so as to ensure his health and safety when responding to a blockage in a receiving pit, and two counts of failing to ensure he was made aware of the hazard of being engulfed in grain. 

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Serial rapist from Sask denied parole again

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A serial rapist from Saskatchewan serving an indeterminate sentence in British Columbia has been denied parole for the second time since 2014.

The parole board ruled this month that Clifford Barry Howdle would not be suitable for either day or full parole. Now 47 years old, Howdle was declared a dangerous offender in 2003 after raping three women and holding them hostage during a 36-hour rampage between Prince Albert and North Battleford in 1999.

He was out on day parole from the Saskatchewan Penitentiary in Prince Albert at the time, having served four years of a seven-year sentence for prior sexual assaults. 

“The board remains concerned by your criminal record and specifically that you had done well in the institutions and in your programs prior to your last release, yet quickly destabilized to the degree of going on a prolonged and sustained brutally violent crime spree,” the decision outlines. 

It also noted that Howdle still poses a high risk to reoffend sexually, and disbelieved his claim that he no longer has sexual fantasies.

Howdle’s release plan for day parole was to attend an apprenticeship program and live in a halfway house in the Lower Mainland area of B.C. The board decided a more gradual reintegration would be necessary, starting with a work release program to “demonstrate further trust” and a transfer to a minimum security facility. 

Howdle was denied parole in September 2014 for similar reasons. Dangerous offenders are eligible for parole after serving seven years, and are entitled to a review every two years after that. 

bmcadam@postmedia.com

twitter.com/breezybremc

Montreal man gets 3.5 years for Birks jewelry heist

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Wiping tears from his eyes, Rida Naim listened as a judge sentenced him for a brazen daytime robbery at a downtown Saskatoon jewelry store, calling the crime “terrifying and dangerous.”

Four men stormed into Birks around 10 a.m. on Feb. 1, 2014. Without saying a word to the two clerks working that morning, they started smashing display cases with crowbars and stuffing Rolex watches and other jewelry into duffel bags. The whole thing was caught on surveillance video. A 1998 Dodge Caravan was later found burning near Osler Street and Bottomley Avenue.

It took just over a minute for the men to steal $500,000 worth of goods and cause $200,000 worth of damage to the store, Crown prosecutor John Knox said Monday during Naim’s sentencing in Saskatoon provincial court. 

The 26-year-old from Montreal pleaded guilty to robbery and conspiring to commit arson. The Crown stayed a charge of wearing a mask while committing an offence. 

The Crown was able to build a strong circumstantial case thanks to some “old-fashioned police work” and the help of several civilians, Knox told the judge. 

Witnesses who saw the men leave in the Dodge Caravan took down its license plate number. Naim was caught on surveillance video filling a jerry can at a gas station before the van was discovered in flames, and security footage at a nearby apartment building showed a group of men coming and going with duffel bags similar to the ones used in the robbery. 

Someone also found the construction hoodies the men were wearing — purchased at Walmart just hours before the heist — in a trash bin in the same neighbourhood as the vehicle fire. 

Court heard one of the hoodies contained Naim’s DNA, leading to his eventual arrest in Montreal, where he was serving an unrelated sentence. 

Chief Judge James Plemel accepted a joint submission from the Crown and defence, imposing a sentence of three and a half years in prison, and giving Naim an enhanced credit for his time spent on remand in Saskatoon since May 26, 2015. 

Defence lawyer Blaine Beaven said Naim has been away from his family, who all live in Montreal. He said his client describes himself as a “black sheep;” while his siblings went to university and got retail and management jobs, Naim dropped out of high school and started getting in trouble.

Naim was headed to Saskatoon by bus, hoping to find work in the city, when he met the co-accused men and got “caught up” in the robbery, Beaven told court.

“This must have been terrifying for the people in the store,” Plemel said, citing a victim impact statement that also described the unnecessary amount of vandalism to the business. 

Naim’s criminal record includes a prior robbery, conspiring to commit robbery and credit card fraud. Plemel told Naim he has a real problem with honesty and integrity and “obviously didn’t get the message.”

However, he noted the sentence is in the range for robbery, and is similar to the four-year sentence handed down to his co-accused, Muhidiin Ahmed-Farah, in April 2014. 

A robbery charge against another co-accused, 23-year-old Jean Gillis Kenser, was stayed last week. Police are still looking for a fourth suspect, Pierre Louis Hernandes, who is wanted on a Canada-wide warrant. 

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Man sentenced in domestic aggravated assault case

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A Saskatoon man who hit his domestic partner on the head with a glass tumbler during a heated argument over the issue of residential schools has been given an 18-month sentence.

On top of that, Luke Adam Broste, 34, will also serve the remaining 10 months of his conditional sentence order on a prior offence, giving him a total sentence of just more than two years in prison. 

Broste pleaded guilty to aggravated assault and obstructing a police officer in connection with an incident on March 30. 

After the assault, court heard Broste gave police a fake name and said the woman got hurt while they had friends over. The victim later admitted it was Broste who hit her.

Defence lawyer Kim Armstrong described it as a “rough day” full of drinking and arguing, even though Broste claimed they were never intoxicated. 

He told the judge he’s not a violent person and usually doesn’t lose his temper. Broste apologized and vowed to leave prison a stronger person. 

Meanwhile, his victim has been left with anxiety attacks, nightmares and feelings of nervousness and depression, Crown prosecutor Barbara Herder told court. It took 14 stitches to close the gash on her head and it still hurts to lie on the left side of her face, Herder said.

Although the sentencing range for aggravated assault is generally between two and four years, the Crown and defence jointly submitted the proposed sentence of 18 months, which Judge Shannon Metivier accepted. Herder said the Crown agreed to the joint submission because Broste’s guilty plea spared the victim from having to re-live the violence through a trial.

The offender must also abide by a six-month probation order upon his release, during which he will be prohibited from contacting the victim.

bmcadam@postmedia.com

Woman found not guilty of defrauding elderly friend

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A Saskatoon Court of Queen’s Bench judge has found a Saskatchewan woman not guilty of fraud over $5,000 after an elderly friend gave her nearly $400,000 and a quarter section of land, causing a rift between her and the man’s family. 

Tamara Cathleen Tracksell cried as Justice Alison Rothery finished explaining why the Crown failed to prove that the $391,500 and the land Tracksell received in the summer of 2012 were anything but a gift.  

That gift came from a 98-year-old farmer who owned land near Borden. For years, Tracksell and her late husband worked on his farm and lived on his land, developing a close bond with him, court heard.

During closing arguments, defence lawyer Morris Bodnar said the man did not have any children and treated Tracksell like a daughter. He wanted to assist her in building a home because he promised her late husband that he would help take care of his family, Bodnar said.

The Crown argued the man was in a “weakened and vulnerable state” in 2012 and did not remember giving Tracksell either the land or the money. Rothery cited testimony from family members who said the man’s short-term memory was deteriorating at the time.

However, she concluded the Crown failed to prove his short-term memory was so poor that Tracksell was taking advantage of it when she accepted the money and land.

Rothery pointed to evidence from the lawyers who were given power of attorney over the man’s assets. They described him as “sharp” and said they wouldn’t have had him sign his will or power of attorney — which occurred around the time of the money and land transfers — if they believed he did not have the mental capacity to understand what was happening.

The most accurate evidence of the man’s mental state was captured during cellphone recordings Tracksell made without the man’s knowledge in October 2012, Rothery said. Although Tracksell guided the conversation, Rothery noted the man referenced the power of attorney he had signed nine days earlier, and spoke of his family’s concern that he was going to “give the farm away.”

That same day, he signed a handwritten note that Tracksell drafted up, which stated that the money and land he gave to her was a gift. During the trial, however, one of his nieces testified that the man seemed shocked when the bank informed him of the amount he had given Tracksell. He said he loaned her the money to build a house and expected her to pay it back, the witness recalled. 

However, there was no paperwork or loan agreement to support that, Rothery said. 

When one of the man’s lawyers sent Tracksell a letter asking when she would repay the $391,500, the man sent back a signed notation, again reiterating that anything given to her was a gift. Rothery noted that one of Tracksell’s neighbours witnessed the man signing it. 

None of his family members were present for Wednesday’s decision. A friend who attended court said most of them live in other provinces. 

When asked for a comment outside the courthouse, Tracksell replied, “Justice was served.”

bmcadam@postmedia.com

twitter.com/breezybremc

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Sentencing arguments to be heard in Sask. murder conspiracy case

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A Prince Albert judge is expected to hear sentencing arguments today in the case of Angela Nicholson and Curtis Vey, the Saskatchewan pair convicted of conspiring to kill their spouses.

After three days of deliberations in June, a jury found Nicholson and Vey guilty of two counts each of conspiracy to commit murder against Brigitte Vey and Jim Taylor.

During the trial, jurors listened to a conversation secretly recorded by Vey’s wife on July 1, 2013, in which Nicholson and Vey discussed burning down Vey’s farmhouse and making Nicholson’s estranged husband disappear.

Through subsequent police interviews, the jury heard the plan involved putting sleeping pills in their spouses’ coffees and having them die in fires. Nicholson told a police investigator she agreed to go along with Vey’s idea for her to light his house on fire by leaving a pot on a lit stove after Vey drugged his wife because she loved Vey.

She also told police their spouses had hired Hells Angels members to keep them apart, saying Vey was attacked and suffered broken bones, then threatened with a gun to his head and told not to contact the police.

The trial revealed a deteriorating relationship between Vey and his wife, riddled with suspicions of infidelity, driving her to stash an iPod recorder in their house. 

Nicholson and Vey had been having an affair for about three years, the jury heard. After her arrest, Nicholson told police she loved Vey but believed his wife was preventing them from being together. She also described being fearful of her now ex-husband.

Although both Vey and Nicholson admitted to police that they talked about killing their spouses, they said they had no intention of following through on it. Neither of them testified during the trial.

A conspiracy conviction requires proof of an agreement and an intention to follow through with it.

Following the verdict, neither the Crown nor the defence indicated what type of sentence they will seek. The Crown did not request that Vey and Nicholson be held in custody while awaiting sentencing.

The maximum penalty for conspiracy to commit murder is life in prison. 

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Pair sentenced to three years for murder conspiracy that 'tore families apart'

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A man from the Wakaw area and a woman from Melfort will serve federal sentences for conspiring to kill their spouses in a case that shocked many in rural Saskatchewan and beyond. 

Curtis Vey, 53, and Angela Nicholson, 52, received three-year sentences on two counts each of conspiracy to commit murder. Chief Justice Martel Popescul handed down the sentence Friday at Court of Queen’s Bench in Prince Albert. 

A jury found the pair guilty in June. Vey and Nicholson were charged after Vey’s wife, Brigitte, secretly recorded them discussing the murder plot at Vey’s home on July 1, 2013.

On the recording, the pair talked about lighting Vey’s farmhouse near Wakaw on fire, presumably with Brigitte inside, and making Nicholson’s estranged husband, Jim Taylor, disappear. 

“You can’t even begin to imagine the horror I felt when I listened to that tape,” Brigitte Vey said in court, reading from her victim impact statement. She described how scary it was to think she had been sleeping beside Vey every night, not knowing what they were planning. 

In his statement, Taylor wrote he was “shocked and fearful” and couldn’t sleep for months.  

Subsequent police interviews revealed the plan also involved drugging both Brigitte and Taylor and starting a grease fire at Vey’s home by leaving a pot on a lit stove.

In his decision, Popescul said although the pair sounded like novices who “when push came to shove, would have never been able to go through with it,” certain details showed a level of planning. Those included talking about wearing gloves, starting Vey’s curtains on fire and developing an alibi for Vey. 

The scheme was not developed on the “spur of the moment” and there is no evidence that it was ever abandoned, Popescul said, adding the sentence must denunciate this type of behaviour. 

He said the range of sentencing for murder conspiracy generally falls between two years and life in prison. Crown prosecutor Lori O’Connor argued for a six-year sentence for both Vey and Nicholson, citing financial motivation and the fact that two people were targeted as aggravating factors.

 

There would be no other rational reason for the murder scheme if not for money, Popescul concluded. 

Both Vey and Nicholson could have chosen to end their marriages, but killing their spouses would leave them with their families’ assets, he noted. Popescul listed evidence that Brigitte had recently signed a will, and that Nicholson discussed preparing a will in which Taylor would leave all his assets to her.

Both defence lawyers disagreed that it was a conspiracy motivated by money, and said they were expecting a lower sentence.

“We thought there were a myriad of mitigating facts, the lack of record, the clumsy conspiracy effort,” Nicholson’s lawyer, Ron Piche, said outside the courthouse. 

Piche had argued for a six-month sentence followed by a two-year probation period, while Vey’s lawyer, Aaron Fox, proposed a sentence of less than two years, arguing police found no further evidence of a murder conspiracy plot connected to Vey other than the recording. 

Although Nicholson brought up the murder plot in the recorded conversation, neither defence lawyer argued that one person was more blameworthy than the other, Piche said. Popescul agreed.

“It was just words of anger and frustration,” Nicholson told court. “I regret my words.”

Crying, she apologized to her family and asked for Brigitte’s forgiveness, insisting that she had no intention of following through with what was discussed.

The words his client spoke were out of frustration from years of being in an unhealthy marriage, Piche said in his arguments. He pointed to support letters from Nicholson’s community describing her as a woman of integrity who had a troubled life. 

 

Piche and Fox said they will need to take some time before considering an appeal. O’Connor said the Crown will also have to discuss if it will file an appeal. 

Hopefully, the three-year sentences will deter others from hatching these kinds of plots, she told reporters. 

“Despite how unhappy your marriage is, it’s not okay to kill your spouse,” she said. 

Vey understands the impact his actions have had on his wife, kids and on Nicholson’s family, Fox said in his arguments. 

“I deeply regret the hurt and pain everybody’s gone through because of this,” Vey said when given a chance to speak. He also lamented the loss of a relationship with his family.

“I feel sorry for your families and I feel sorry for both of you as well,” Popsecul said in closing. “Why good people do bad things is a mystery we will never know.”

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Man gets federal sentence for sexual assault on minor

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A man from the La Loche area convicted of sexually assaulting a teen girl has been ordered to serve 27 months at the Regional Psychiatric Centre (RPC) in Saskatoon at a judge’s request. 

The written decision for Cody Montgrand, 25, was read aloud at Court of Queen’s Bench in Saskatoon. Montgrand was originally charged with sexual assault with a weapon and unlawful confinement; a trial that concluded in 2015 heard he used some level of force to sexually assault a minor in August 2008. He was ultimately convicted of the lesser included offence of sexual assault.

Montgrand, who has struggled with alcohol and drug addiction, was impaired when he committed the assault, court heard. He stated he had no memory of the incident and believes he is innocent, Justice Daniel Konkin noted in his decision. 

The Crown argued for a four-year sentence. The starting point for sentences involving major sexual assaults is three years, but the Crown argued aggravating factors like the victim’s young age — she was under 16 at the time — and the fact that Montgrand has not taken responsibility for his actions warrant a higher sentence.

In arguing for a conditional sentence to be served in the community, defence lawyer Karen Srodulski said Montgrand does not have a criminal record and did not breach any of his conditions in the four years he has been out of custody while his case was before the court. 

Montgrand also has several Gladue factors that must be considered, Srodulski argued, noting her client grew up with an alcoholic single mother, and was bullied and sexually abused as both a child and a teenager. 

Srodulski said Montgrand should serve his sentence at home so he can continue receiving treatment for chronic kidney failure. 

Taking all those factors into account, Justice Konkin determined a period of incarceration was appropriate since the RPC would be able to accommodate Montgrand’s need for dialysis three days a week. 

Konkin opted not to grant an order requiring Montgrand to register as a sex offender with the national database. 

“I find it would be grossly disproportionate to the public interest in protecting society through the effective investigation of crimes of a sexual nature,” he wrote. 

As of 2011, anyone convicted of a sexual assault is required to comply with the Sexual Offender Information Registration Act (SOIRA). It does not apply in Montgrand’s case because the offence occurred in 2008, Crown prosecutor Bob McCann said.

bmcadam@postmedia.com

Man hit by city patching truck wants apology, new bike

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On the morning of June 1, Calvin Carr was heading to work downtown along Idylwyld Drive near 29th Street when a City of Saskatoon road patching truck hit him.

He was walking his bike in a crosswalk when the truck turned right onto 29th Street. Carr said several witnesses told him the truck was making the turn from the left hand lane on Idylwyld Drive. He remembers suddenly being swept underneath. 

“All I felt was just me rolling under the tires and being dragged,” he said.

Carr believes he was dragged about four or five feet before witnesses were able to get the driver to stop. He was in and out of consciousness, and he struggles to remember exactly how he got free and ended up on the grassy median in the middle of 29th Street. 

He spent five days in a hospital observation unit, followed by five more days of recovery treatment. The 20-year-old was left with a small hole in his lungs, fractured ribs and damage to his spleen. Doctors also had to pop his knee back into place, and Carr lost his right testicle.

“My mom was trying to keep the pictures away from me; it didn’t work,” Carr said about photos of the aftermath on the news. “I’m like, ‘Why are you guys trying to hide it? I’m not going to be traumatized.’ And then I seen it and everything kinda just flashed back to my head all in one shot.”

SASKATOON, SASK.; SEPTEMBER 8, 2016 - 0909 news injured Calvin Carr is pretty much confined to his home after his bicycle accident being hit by a city asphalt truck, September 8, 2016. (GordWaldner/Saskatoon StarPhoenix)

Calvin Carr is pretty much confined to his home after he was hit by a City of Saskatoon paving truck on June 1, 2016.

Sitting in their kitchen with a reporter, Carr’s mom Michelle held the helmet her son was wearing that day. It has a dent the size of a ping-pong ball. 

“The dent on it alone, if that was my skull I wouldn’t have made it out alive,” Carr said.

He also attributes his survival to Luke Bintner, an off-duty firefighter from Delisle who called 911 and helped keep him awake. Carr’s dad, Calvin Sr., said Bintner told him he never takes that route, but felt compelled to that day. 

The family is incredibly grateful to the firefighter. Without any assistance in that critical moment, Carr may have gone into a coma, his father recalled Bintner saying.

To date, no charges have been laid in connection with the collision. Saskatoon police spokeswoman Kelsie Fraser said the file has been sent to the Crown to determine if any charges should be laid.

Carr said all he wants is an apology from the city and a new bike. His old one is now a mangled mess. 

“The City understands the police investigation remains active and, as a result I am not in a position to comment much further about this incident,” Brandon Harris, the city’s director of roadways and operations, wrote in an email. 

“I can say that we would be happy to meet with this man any time.”

City spokesman Mark Rogstad said the city’s internal investigation will hinge on the results of the police investigation. He could not speak to how the truck driver is doing or if the driver is back at work.  

Carr received injury payments from SGI — all Saskatchewan residents injured by a moving vehicle are covered — but he said the Crown corporation is refusing to help compensate him for the bike, which is his main form of transportation.

SGI has yet to determine who was at fault. SGI spokeswoman Kelley Brinkworth said if the city driver is liable, the driver’s insurance would cover the damage to Carr’s bike. If the investigation determines Carr is to blame, he would have to put in a claim through his family’s home insurance policy. 

Carr contends he was following the rules of the road and did nothing wrong. He wonders why the process has taken more than three months. 

Brinkworth said the uncharacteristically long investigation speaks to the complexity of the matter.

“We continue to investigate the claim and need to gather information from both parties, the police, any witnesses, and we are also looking at case law, before making that decision,” she said. 

Carr said SGI has not provided him any information about the status of the investigation and has not contacted him for an interview. 

He was in the middle of a six-month warehouse training program at the Saskatoon Food Bank when he was hit and hasn’t been able to work as he recovers from his injuries. Carr said he’s waiting to get the go-ahead from his doctor before he can return to the program. 

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Exactly four years after Saskatoon mother Lorry Santos killed, Joshua Petrin on trial for first-degree murder

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Lorry Ann Santos was on maternity leave with her fourth child when she was fatally shot on the way to answer her door. 

The Saskatoon woman had no idea who could be ringing her doorbell that early in the morning; her murder was completely random — the tragic and terrible result of an alleged gang hit at the wrong home.

Exactly four years after Santos was killed on Sept. 12, 2012, the first-degree murder trial began for the man accused of orchestrating the hit: Joshua Dylan Petrin.

At the time, Petrin, now 31, was the drug boss of an Alberta-based gang called the White Boy Posse. According to the Crown, he ordered two of his drug dealers to kill an ex-member, who they mistakenly believed lived at Santos’ address.

Joshua Petrin is accused of first-degree murder the Sept. 12, 2012 death Saskatoon mother Lorry Santos

Joshua Petrin is accused of first-degree murder the Sept. 12, 2012 death Saskatoon mother Lorry Santos.

The two drug dealers, Randy O’Hagan and a man who can’t be identified due to a publication ban, are serving life sentences for first-degree murder in connection with Santos’s death.

During Monday’s opening statement in Saskatoon Court of Queen’s Bench, Crown prosecutor Matthew Miazga said Petrin wanted the ex-member killed because he left the gang. Although the man lived in Saskatoon at the time, he did not live at 203 Peterson Terrace — the home where Santos was shot at 6:30 in the morning while her husband was getting ready for work.

The Crown will try to prove that Petrin conspired to kill the ex-member, and that his actions directly led to Santos’s murder, Miazga said.

Saskatoon police Det. Sgt. Kyla Hicks testified that police reached out to the former gang member, known as T.J., but he didn’t cooperate. During cross-examination, defence lawyer Brian Pfefferle asked Hicks why that had not been disclosed to him. Hicks said she couldn’t answer the question, and the matter was adjourned for further discussion. 

Insp. Sharon Blomquist of the city police forensic identification unit, the trial’s first witness, photographed the crime scene in the Westview neighbourhood. Photos show four bullet holes in the bay window closest to the door, where Santos peeked through the blinds after the doorbell rang. Another shot was fired through the furthest bay window, and three more into the side of the house.

Eight empty shell casings were found in front of Santos’s home, on the driveway of a home on Peterson Crescent to the south, and in the street between the two houses.

Those casings, along with bullet fragments and two handguns, were entered as exhibits.

Petrin was charged in December 2012, roughly two months after Santos was killed. His trial was adjourned at least twice after lawyers either withdrew or were fired, Miazga confirmed outside court. He said the fact that the start date for the trial was also the anniversary of Santos’s murder was coincidental.

The Crown plans to call 23 witnesses during the judge-alone trial, which is scheduled to last between three and five weeks. 

bmcadam@postmedia.com

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