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Man, 70, pleads guilty in fatal pedestrian collision

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An Edmonton man admitted in court Wednesday to killing an elderly woman when he ran over her while backing out of a downtown parking stall as she walked behind his Jeep.

Reginald Roger Williams, 70, had been charged with careless driving under the Traffic Safety Act; however, he pleaded guilty to the lesser offence of failing to back up safely resulting in a death.

Crown prosecutor Aaron Pegg told court that Williams had parked his Jeep Grand Cherokee in one of several parking stalls outside of the Métis Capital Housing Corp.’s Renaissance Tower at 9505 105 Ave. on the afternoon of April 7, 2015.

About 3 p.m., Tai Shui Leung, 88, was walking slowly along the west sidewalk of 95 Street pulling a cart behind her, said Pegg.

Court heard Leung stepped off the sidewalk and began walking west on 105 Avenue, just behind a line of parked vehicles, as Williams, who had three passengers in his Jeep, began to back out of his stall.

“Mr. Williams struck and ran over Miss Leung as he backed up,” said Pegg, adding Williams’ view through his rear window was “partially obscured” and witnesses said he had looked at both his right and left rear-view mirrors.

Court heard bystanders banged on the side of the Jeep to alert Williams of the collision and he then drove forward, off of her.

Leung died later that night as a result of the blunt force injuries she suffered in the collision, said Pegg.

“It is admitted that this collision could have been avoided by the exercise of reasonable care and caution,” said Pegg.

The prosecutor told the judge he is seeking a $1,500 fine and a 45-day driving suspension while defence lawyer Anna Konye said she is asking for a $1,000 fine and no driving prohibition.

Konye accepted it is an “extremely tragic” case, but argued Williams’ culpability was on the low end of the scale and the collision was close to being classified as an “unavoidable accident” due to Leung being on the road and being hard to see as a result of her small stature and the fact she was walking very slowly.

Konye said a driving ban was not warranted and would cause Williams a “hardship” because he is a single pensioner without children who suffers from various health issues, including a back injury, and needs to get around to attend medical appointments.

In a victim impact statement, Jennifer Leung said her grandmother lived in the Chinese Seniors Centre and was very independent and liked to collect bottles to stay active, despite not needing the money.

“Her mind was sharp and her heart was kind and generous,” said Leung, adding her grandmother had four sons, four grandchildren and two great-grandchildren and still prepared family meals.

She also said the victim’s death was difficult to handle for family both here and in Hong Kong as a result of the “gruesome” way she died and because they were unable to properly say goodbye.

A sentencing decision is scheduled for Dec. 8.

toblais@postmedia.com

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Tanning salon peeping Tom avoids jail

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An Edmonton man put in prison for sexually assaulting an 11-year-old girl in 2008 avoided jail Wednesday for spying on a naked woman at a north-side tanning salon.

Clinton William Schuler, 34, was handed a nine-month conditional sentence to be served in the community, followed by 12 months of probation, after earlier pleading guilty to voyeurism.

Court of Queen’s Bench Justice Vital Ouellette agreed to the joint sentencing submission by the Crown and defence after accepting Schuler has done extensive work with a psychiatrist relating to deviant behaviour since the 2014 Peeping Tom incident.

Ouellette told an apologetic Schuler that if he hadn’t spent the many hours with the psychiatrist, he would have been sent to jail.

Crown prosecutor Jodie Currie told court that police got a complaint from a Fabutan studio in north Edmonton on May 4, 2014.

Currie said a woman had been undressing in one of the tanning bed rooms when she noticed something “out of the corner of her eye.” After not seeing anything untoward, she continued undressing.

Then, when she was naked, she again noticed something and looked up and saw Schuler peering over a wall and staring at her.

Court heard the woman complained at the front desk and Schuler, who did not run away, went and apologized to her.

Currie told court Schuler’s criminal record is an aggravating factor because it contains a 2003 conviction for exposing himself to a teen, a 2006 conviction for voyeurism and a 2009 conviction for sexual assault, for which he was sentenced to six years in prison.

However, he noted a pre-sentence report classifies Schuler as having a low risk to reoffend due to his treatment sessions with the psychiatrist.

Defence lawyer Kevin Lieslar told court Schuler is a welder who is working towards becoming a heavy-duty mechanic and said he is “embarrassed” by his crime and wants to change his life around.

“He feels ashamed for what he did,” said Lieslar, adding his client’s work with the psychiatrist has given him insight into his actions.

Lieslar also pointed out it was a peeping Tom case and there was no evidence of photos being taken or video being shot.

Before being sentenced, Schuler stood and said: “I apologize for what I did and I am very sorry for it.”

While serving his conditional sentence and the probation, Schuler must continue taking counselling with his psychiatrist.

In May 2009, Schuler was sentenced to six years in prison after pleading guilty to sexual assault. Court heard then he was caught on video sexually assaulting an 11-year-old girl in a Leduc park in 2008 after being seen approaching three girls playing on a slide.

toblais@postmedia.com

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Edmonton judge stays sex charge over unexplained loss of evidence by RCMP

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An Edmonton judge has tossed out a sexual assault charge against an Alberta man as a result of the “unexplained” loss by the RCMP of an audio-recorded statement from the alleged victim.

In a ruling released this week, Court of Queen’s Bench Justice Denny Thomas issued a judicial stay of the 2015 sexual assault charge against the 21-year-old accused man.

“Balancing the societal interest of having a full trial on the merits of this charge before a jury and the right of the accused to make full answer and defence, I conclude that this is one of those ‘clearest of cases’ where a stay should be granted to respect the rights of the accused,” said Thomas in his written decision,

The man had sought a stay of the charge, arguing the “unexplained” loss of key evidence by the Mounties was so prejudicial to his right to make full answer and defence that he would not get a fair trial.

The Crown had conceded that the loss of the complainant’s audio statement meant the prosecution had not met their disclosure obligation and it was therefore a breach of the accused’s Charter rights, but had argued there was other evidence available to the defence which would have mitigated the prejudice to him.

However, Thomas disagreed, ruling the accused had been denied the ability to conduct a “crucial” cross examination of the alleged victim on the contents of her missing statement and finding that there was neither a “practical nor fair way” to mitigate the prejudice.

“I conclude that there are no other measures which could be used here to overcome the prejudice caused by the unexplained loss of the second statement,” said Thomas.

Court heard the Edson RCMP detachment received a report of a sexual assault on March 8, 2015, and two officers went to the alleged victim’s home early that morning to investigate.

One officer observed the woman was “emotional, crying, and appeared to be very intoxicated.”

The investigators spoke to both the woman and a female friend, taking brief statements about the circumstances, seized the alleged victim’s clothing and drove her to a local healthcare centre.

The woman was admitted to the emergency room there and an audio-recorded statement was taken from her. That “preliminary interview” statement has been disclosed to the defence.

However, because the woman was “still intoxicated” and “very, very emotional,” it was decided that a further statement was needed.

Court heard the woman had a sexual assault examination done by a doctor that morning and the police went to her mother’s home that afternoon to obtained a detailed statement from her.

This longer interview was recorded on a handheld digital recorder and the officer also made “very sparse” handwritten notes. The officer later reviewed those notes and listened to the recording as she prepared her typed report for disclosure purposes.

Court heard the second statement audio file was lost by the RCMP sometime between March and October 2015 and the Crown later conceded the loss is “unexplained.”

In his ruling, Thomas found he was “particularly concerned” over the “inconsistencies” between the officer’s notes and her report.

Alberta man owns up to deadly Edmonton crash

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A Cold Lake man admitted in court Thursday to killing two people and badly injuring a third in a three-vehicle collision in north Edmonton in March.

Evan Lee Gladue, 26, pleaded guilty in provincial court to two counts of dangerous driving causing death, one count of dangerous driving causing bodily harm and one count of disqualified driving.

According to an agreed statement of facts, police observed  a Chevrolet Monte Carlo speeding north in an alley near 120 Avenue and 82 Street about 5:25 a.m. on March 13 and officers tried to get closer to see the licence plate, but it went east out of sight.

The officers also went east in an attempt to keep an eye on the car and spotted it heading south along 81 Street and then going east at a high rate of speed toward Fort Road. By the time police were able to get onto Fort Road, the car was observed speeding north across Yellowhead Trail and was last seen rounding a bend in the road at 66 Street and continuing north at a high rate of speed.

At 5:31 a.m., Emergency Medical Services were alerted to a three-vehicle collision near 50 Street and Manning Drive. Police responded and found two people ejected from the Monte Carlo.

The pair, later identified as Leonard Cardinal, 29, and Nicole Cheecham, 23, were pronounced dead at the scene. A third passenger from the Monte Carlo, identified as Courtney Fayant, 23, was found injured on the ground and taken to hospital. She was later diagnosed with a fractured spine, a fractured pelvis, a separated shoulder and a ruptured bladder.

Gladue was found by police in the driver’s seat of the Monte Carlo and placed under arrest for dangerous driving causing death. He was also taken to hospital and required surgery for a broken pelvis.

Witnesses at the scene told police the Monte Carlo had been observed speeding north on Manning Drive while between 137 Avenue and 50 Street and approaching a red light.

A Honda Civic was going southeast through the intersection on 50 Street on a green light when it was hit by the Monte Carlo, which had run the red light for northbound traffic. A Toyota Echo, which was also going southeast through the intersection on a green light, then struck the Honda Civic on the driver’s side after it came to rest.

The Monte Carlo ended up on the northeast corner of the intersection after hitting a light pole and a large electrical box. It had extensive rear end damage with the back of the car crushed in. Cardinal and Cheecham had been in the rear.

The Civic had extensive front end damage while the Echo had no visible damage. Nobody in either of those two cars was injured.

Police confirmed the Monte Carlo was the same car that had earlier sped away from police at a high rate of speed.

A report was ordered prepared on Gladue, who is in custody after earlier being denied bail, to look into his aboriginal background and a sentencing hearing was scheduled for Dec. 16. The report, called a Gladue report but which has no relation to the accused, stemmed from a Supreme Court decision in 1999 to consider the background of an indigenous person in sentencing.

Following the deadly collision, the Alberta Serious Incident Response Team began an investigation to determine if the earlier police involvement played a part in the crash.

An ASIRT spokeswoman said at the time that the crash happened shortly after officers made a decision to disengage from following the Monte Carlo due to concerns about public safety.

Edmonton jury deliberating in head-butting manslaughter case

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An Edmonton jury deliberating a verdict in a manslaughter case involving an MMA fighter, who says he head-butted the deceased outside a city pub to defend a friend, spent the Thursday night in a hotel after failing to reach decision.

The 12 Court of Queen’s Bench jurors began their deliberations about 3:20 p.m. Thursday after hearing closing arguments by the Crown and defence and receiving legal instructions from the judge. They were ordered sequestered about 9:20 p.m.

Justin Nanaquawetung, 28, is accused of killing Mike Laronde, 33, outside Gallagher’s Pub, 8937 82 Ave., about 1:30 a.m. on June 22, 2014.

The nine men and three women on the jury had been told the trial involved a one-punch killing, but Nanaquawetung took the witness stand in his own defence and said he had actually head-butted Laronde because he believed Laronde was about to strike his friend.

In his closing argument, defence lawyer Derek Anderson urged the jury to find Nanaquawetung not guilty of manslaughter, saying he had simply reacted in an “uncontrolled” and “rapidly-evolving situation” while defending his friend from an imminent attack.

“This situation is not an MMA fight,” said Anderson, suggesting to jurors that what happens in a ring is totally different from what happens on the street.

He also argued there was no evidence of how much force was involved in the head-butt and pointed out there could have been other factors involved in Laronde falling back and hitting his head on the pavement, such as his balance being affected by alcohol.

Crown prosecutor Prima Davies told the jury Nanaquawetung is a professional MMA fighter with years of experience and argued the punch or head-butt was a “product of ingrained training.”

Davies said the evidence at trial described Laronde as being a “peacemaker” who was out having fun with his friends and not looking for a fight and suggested his “supposedly aggressive behaviour” was “inconsistent” with that evidence.

The prosecutor also argued that “there was no threat” and Nanaquawetung’s friend, Adam Mueller, did not need any defending and she said the MMA fighter’s head-butt was “excessive” force.

“He had only one intention, to hurt Mike,” said Davies. “The only logical conclusion is the accused was not acting in self defence.”

Eyewitness Sariah Reid earlier testified she had been smoking outside the pub with Laronde and saw Nanaquawetung punch Laronde once in the jaw and the victim immediately fall to the pavement. She also said Laronde was unconscious for a few minutes and had a gash on the back of his head.

However, Nanaquawetung told the jury he head-butted Laronde.

The MMA featherweight fighter — whose ring name is “Wolf” — testified he had gone to Gallagher’s with Mueller and they were told by Reid they had missed last call. Then, after Mueller tapped on a window of the pub to get the attention of a friend inside, he said Laronde got “right in Adam’s face” and was being “intimidating.”

Nanaquawetung told jurors he believed that Laronde, based on the man’s stance, was going to “strike” Mueller and said his “heart started racing,” he got a “buzzing in his ears” and just reacted.

“I panicked, I approached Mr. Laronde, grabbed his shirt and head-butted him once,” said Nanaquawetung.

Mueller testified earlier that Laronde was aggressive and had threatened them by stating: “I will f — king kill you guys.”

The jury was told earlier that Laronde was dropped off at a nearby home after the incident and fell asleep between 4 a.m. and 5 a.m. At 10 a.m., he was found stiff and not breathing and an ambulance arrived a short time later and he was declared dead.

An autopsy determined he died as a result of a fractured skull caused by blunt cranial trauma.

toblais@postmedia.com

twitter.com/suntonyblais

Edmonton heavyweight boxer admits to domestic abuse charges

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A former Edmonton heavyweight boxer and co-founder of a north-side boxing club has owned up to beating women.

Sheldon Hinton, 46, pleaded guilty Friday in provincial court to charges of assault causing bodily harm, assault with a weapon, uttering death threats and criminal harassment. The charges relate to two women he was involved with in separate romantic relationships.

Crown prosecutor Marisa Anderson told court that Hinton, who ran the Beverly Bronx Boxing Club prior to his arrest, had been in an eight-year relationship with a woman ending in 2014.

Anderson said the woman told police Hinton was abusive and they had a “volatile” relationship that included lots of arguing over alleged infidelity and many incidents of violence.

The prosecutor told court the six-foot-three, 250-pound Hinton had punched the five-foot-four, 130-pound woman in the face, causing a black eye, and hit her in the lip while holding a cigarette lighter in his hand. As well, she said he used to hit her in places where the marks could not be easily seen and once hit her in the stomach with a baseball bat.

After the woman left Hinton in 2014, he sent her multiple texts trying to get back together. In some of those texts, which were seized by police, he threatened to shoot her, cut her up and kill her and to put her and any men in her life in a ditch.

Court heard Hinton also threatened to post online a picture of the woman with the word “escort” written on it.

Anderson said sometime after that relationship was over, Hinton began a three-month relationship with another woman, which ended in 2016 when she got an emergency protection order.

The prosecutor said the woman tried to break up with Hinton in January and he became “enraged” and armed himself with a butcher knife before forcing her into the living room.

Court heard Hinton said to her: “you probably aren’t going to leave because I am going to kill you tonight.” He then told her to sit on the couch, put the knife down and punched her in the mouth, chipping some of her teeth. She eventually fled with a family member.

Hinton then started phoning and texting her, saying that if she did not return, he would find her and kill her. At that point, the woman called police and Hinton was later arrested.

Anderson told court Hinton has a previous criminal record which includes prior convictions for domestic abuse.

A psychiatric assessment to determine what kind of risk Hinton poses to the community was ordered and a sentencing hearing has been set for Dec. 16. Anderson said she is seeking a two-year jail term while defence lawyer John Sinclair told court he will ask for time served or a conditional sentence served in the community.

Sinclair also said Hinton had suffered some “childhood trauma” which had a “negative” impact on him.

Hinton fought 21 bouts as a professional heavyweight boxer and had a record of 11 wins, nine losses and a draw.

toblais@postmedia.com

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Jury finds MMA fighter accused of head-butt manslaughter not guilty

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An Edmonton jury’s not guilty verdict Friday in a head-butting manslaughter case involving a city MMA fighter led to an outburst in court and threats made by friends of the deceased.

Justin Nanaquawetung, 28, was acquitted of the charge relating to the June 22, 2014, death of Mike Laronde, 33, shortly before noon, following roughly eight hours of deliberation by the 12 jurors.

Despite a warning from the judge regarding outbursts from the public gallery, two of Laronde’s friends began yelling at Nanaquawetung once the judge had left the courtroom.

“Don’t forget Justin. You’re a coward. You sucker-punched him,” said the unidentified man, who then, along with a second man, made verbal threats toward Nanaquawetung.

Stunned and upset family and friends of Laronde’s were crying and shaking their heads following the not guilty verdict.

Michael Bradley Laronde, 33.

Michael Bradley Laronde, 33.

Nanaquawetung, who appeared relieved by the jury’s decision, spoke after being congratulated by his family and friends.

“Regardless of this ruling in the courtroom, I am still not happy about any of this and I will carry this with me for the rest of my life,” said Nanaquawetung. “My only wish is that the (Laronde) family can get through this. I didn’t mean for this to happen.”

The jury heard the deadly incident happened outside of Gallagher’s Pub at 8937 82 Ave. about 1:30 a.m.

Jurors were told the trial involved a one-punch killing, but Nanaquawetung took the witness stand in his own defence on Tuesday and said he had actually head-butted Laronde because he believed Laronde was about to strike his friend, Adam Mueller.

Eyewitness Sariah Reid testified last week she had been smoking outside the pub with Laronde and saw Nanaquawetung punch Laronde once in the jaw and the victim immediately fall to the pavement. She also said Laronde was unconscious for a few minutes and had a gash on the back of his head.

Nanaquawetung, a MMA featherweight fighter whose ring name is “Wolf,” testified he had gone to Gallagher’s with Mueller and they were told by Reid they had missed last call. Then, after Mueller tapped on a window of the pub to get the attention of a friend he had spotted inside, he said Laronde got “right in Adam’s face” and was being “intimidating.”

Nanaquawetung told jurors he believed that Laronde, based on the man’s stance, was going to “strike” Mueller and said his “heart started racing,” he got a “buzzing in his ears” and just reacted.

“I panicked, I approached Mr. Laronde, grabbed his shirt and head-butted him once,” said Nanaquawetung.

Mueller testified earlier that Laronde was aggressive and had threatened them by stating: “I will f – king kill you guys.”

The jury was told earlier that Laronde was dropped off at a nearby home after the incident and fell asleep between 4 a.m. and 5 a.m. At 10 a.m., he was found stiff and not breathing and an ambulance arrived a short time later and he was declared dead.

An autopsy determined he died as a result of a fractured skull caused by blunt cranial trauma.

toblais@postmedia.com

Edmonton man sentenced to eight years in prison for killing man over $500 debt

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An Edmonton man was handed an eight-year prison term Friday for the shooting death of a 22-year-old man during a high-speed vehicle chase over another person’s $500 debt.

Kalab Abberra Kitil, 24, had been charged with second-degree murder for the June 2, 2014, slaying of Sultanbek Abdymamat Uulu, but pleaded guilty to the lesser offence of manslaughter.

According to an agreed statement of facts, an acquaintance of the victim, Islam Montasser, had met Kitil through the drug trade in February or March 2014 and ended up owing him $500. This led to Kitil threatening to do harm to Montasser if the debt was not repaid.

On the evening of June 2, 2014, Montasser was hanging out with Talaii Almazbek Uulu, a cousin of the victim, and teaching him how to drive using Uulu’s Nissan Pathfinder. They later picked up Sultanbek Abdymamat Uulu and another man, Ahmed Dakhel.

The four men hung out and smoked a large amount of marijuana and at about 10:15 p.m. they went to a donair shop in west Edmonton.

At that time, they ran into other acquaintances who were also acquainted with Kitil. Nothing was said between the two groups, however phone records obtained by police showed that a call was made which led to a second call being made to Kitil.

About 15 minutes later, Montasser’s group was stopped at a traffic light on 132 Avenue at 82 Street. Montasser was driving and Sultanbek Abdymamat Uulu was in the front passenger seat.

A black Lincoln Navigator registered to Kitil and a black Acura belonging to a friend of Kitil’s then pulled up behind the Nissan.

As traffic began moving west, Montasser tried to speed away from the two vehicles, but the other drivers also sped up and began chasing the Nissan, with the Navigator reaching a maximum speed of 107 km/h in the 50 km/h zone along 132 Avenue.

During the high-speed chase, the Navigator pulled alongside the Nissan and at least six shots were fired at the Nissan from the Navigator with one of the bullets hitting Sultanbek Abdymamat Uulu in the back of the head and neck area.

The chase ended at 95 Street and Montasser continued driving west along 132 Avenue until coming across some police officers at 113A Street. He flagged down the officers and emergency medical attention was provided to the victim. Unfortunately, he died the next day as a result of the gunshot wound.

Prosecutor Lawrence Van Dyke said that while the Crown was not necessarily able to prove the exact role Kitil played in the shooting, he did play an active role in either aiding or encouraging an assault on Montasser.

Kitil denies both that he was in the Navigator at the time of the shooting or that he knew a firearm would be used. However, Kitil was aware that bodily harm was intended when he aided or abetted the assault.

Defence lawyer Robert Claus told court Kitil was born in Ethiopia and came to Canada at age 10. He asked Court of Queen’s Bench Justice Vital Ouellette to let Kitil start his sentence on Jan. 3 so he could spent Christmas with his family, but the judge said no.

Before being led away, after being hugged by his crying mother, Kitil said: “It was a really bad mistake and I’m facing the consequences.”

After getting credit for time spent in pre-trial custody, Kitil has five years and seven months left to serve.

toblais@postmedia.com

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Former Oilers cheerleader sues strip clubs for $1.25M for allegedly using her photo to drum up business

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A former member of the Edmonton Oilers Octane cheerleading squad is suing several city strip clubs for $1.25 million after they allegedly used her photo without permission for promotional purposes.

According to a statement of claim filed in Edmonton’s Court of Queen’s Bench on Oct. 26, Laura Colwell — a St. Albert social worker who is married with three children — has suffered extreme emotional and physical distress, including major depression, nausea and headaches, as a result of the alleged unlawful conduct.

In the statement of claim, Colwell says she was a member of the Octane cheerleading team from 2011 to 2012 and participated in Edmonton Oilers Community Foundation charitable events, player autograph sessions and appearances during Oilers home games.

Colwell also states that a photograph of her wearing the Octane cheerleading uniform and holding a hockey helmet was used in an Octane calendar sold to raise money for the Edmonton Oilers Community Foundation.

Colwell alleges that the calendar photo of her was “unlawfully appropriated,” reproduced without the Oilers logo on the uniform top and helmet, and then used on promotional tickets offering free entry to Diamonds Gentlemen’s Club, Eden Exotic Entertainment and Shade Gentlemen’s Club.

She also alleges the strip club tickets are being distributed in and around Rogers Place arena, MacEwan University, various downtown parking facilities and other city locations.

The photo of the complainant, a former member of the Oilers Octane cheerleading squad, as it appeared on the strip club promotional material.

The photo of the complainant, a former member of the Oilers Octane cheerleading squad, as it appeared on the strip club promotional material.

Colwell alleges she never consented to the use of the image by the defendants, identified as a numbered Alberta company carrying on business as Diamonds Gentlemen’s Club, Eden Exotic Entertainment, Shade Gentlemen’s Club and IloveStrippers.com, as well as Lloyd White, the director of the numbered company.

In the statement of claim, Colwell says the defendants’ actions have left her feeling oppressed, powerless and humiliated, fearful for her safety and fearful her children might believe she is involved in the adult entertainment business. She also says her relationships with her husband, family, friends and colleagues have become strained.

She claimed she has been unable to continue working as a social worker and her professional reputation has been damaged.

Colwell is seeking an award of aggravated and punitive damages as a result of the defendants’ “high-handed, callous and egregious” disregard of her rights, her family,  her employment and her position in the community.

The St. Albert woman is also seeking a permanent injunction from the courts prohibiting the defendants from using her image. She has filed an affidavit in support of the legal application.

In the affidavit, Colwell says she learned on Oct. 7, 2016, of the strip club ticket promotion which uses an altered version of the calendar image.

“I have at no time been employed by an adult entertainment venue, promotionally or otherwise, nor have I at any time ever set foot in an adult entertainment venue and I have never authorized an adult entertainment venue to use photographs of me for promotional purposes or otherwise,” she wrote in the affidavit.

“As a result of the defendants’ actions, I am greatly concerned about my image and reputation, and my relationships with family, colleagues, school staff and the parents of my children’s friends have become strained,” she said.

Statements of defence have not yet been filed. Statements of claim and statements of defence contain unproven allegations.

The Oilers Octane cheerleading squad was a first for a Canadian NHL franchise when it debuted in 2010. The Edmonton Oilers Entertainment Group in an Aug. 9 statement said it was discontinuing the cheer team prior to moving to Roger’s Place.

Judge throws out legal bid to stall construction of Valley Line LRT

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A Mill Woods homeowner who went to court seeking an injunction to delay ongoing construction of the Valley Line LRT had his application dismissed Monday.

Court of Queen’s Bench Justice Donna Shelley told Chris Christianson that his application “must fail” as he did not meet the three-part legal test required in an injunction application.

Shelley ruled some of Christianson’s concerns were “highly speculative” and said his application was not properly before the court as he had not put forth a proper cause of action.

Shelley also ruled that even if Christianson was to suffer some future loss as a result of the LRT construction, it is not an “irreparable” loss as he is entitled to seek compensation from the city.

As well, the judge found that on the balance of convenience test, the consequences to the city “greatly outweigh” Christianson’s concerns.

Shelley also ordered Christianson to pay $4,000 in legal costs to the City of Edmonton and Atco.

Christianson had argued he should not have to pay legal costs as his “rights as a citizen” had been “violated,” but Shelley told him it is the “unfortunate” cost of bringing an unsuccessful court application.

Christianson, who told court he was acting on behalf of himself and other homeowners whose houses back on to the east side of 66 Street, between 34 and 38 Avenue, claims the LRT construction will cause noise and vibration problems and there could be health concerns as a result of emissions from proposed power lines.

He also suggested there could be drainage problems and said a disaster evacuation route needs to be put in place.

Christianson told court he wants the city to sit down with affected residents and have a discussion about the issues.

“We feel our rights have been violated as we have not been provided the information we require,” said Christianson.

City lawyer Allan Delgado argued the application had “no merit” and said the city has already met all of its obligations regarding any concerns over the LRT construction. A lawyer for Atco agreed there was no merit to the application and said any damage caused by their workers would either be fixed or compensated.

A city spokesperson earlier said the Valley Line LRT is being built on city property and does not infringe on the properties of residents. He also said the alignment of the line on the east side of 66 Street was made official by council on Jan. 19, 2011.

toblais@postmedia.com

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Prison time for man who backed over his friend while fleeing police

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An Edmonton man who drove over his friend while fleeing police in a stolen pickup truck was sentenced to three years in prison on Monday.

Joshua Parenteau, 30, pleaded guilty in provincial court to charges of criminal flight from police causing bodily harm and possession of a stolen vehicle stemming from an incident in July. He also pleaded guilty to a number of other charges connected to a March incident.

Court heard that on July 14, Parenteau was in the rear passenger seat of a stolen 2013 Chevrolet Silverado pickup truck that was pulled over by police in the area of 114 Street and 113 Avenue, said Crown prosecutor Kevin Mark.

The pickup was being driven by Martin Dubitski, who complied with police when ordered to get out of the vehicle and lie down on the ground, said Mark.

However, as Dubitski was being arrested, Parenteau climbed into the driver’s seat from the rear passenger area and “aggressively” put the vehicle into reverse, said Mark.

Court heard Parenteau backed over Dubitski’s head and upper body. Dubitski was taken to Royal Alexandra Hospital where he received six stitches to his chin.

Meanwhile, Parenteau fled westbound on 112 Avenue and then headed north on St. Albert Trail, travelling at a high rate of speed and running through red lights, said Mark. The police Air-1 helicopter and several dog units were involved in the pursuit.

Near Morinville, Parenteau went over a spike belt laid down by the RCMP and lost control of the pickup, hitting a metal gate before ending up in a canola field where he was arrested, said Mark.

Defence lawyer Sarah Terry told court that Parenteau, who has several tattoos on both his neck and face, is a third-year pipefitter who struggles with substance abuse issues.

Terry said Parenteau is “extremely remorseful” and feels bad for running over his friend, whom she said remains his friend and does not feel any animosity toward him.

He apologized in court. “I’m just sorry for everything that took place,” he said. “It was never my intention to hurt my friend or anybody else.”

Parenteau also pleaded guilty to charges of possession of a prohibited weapon, possession of a prohibited weapon while prohibited from doing so, theft of a stolen vehicle and possession of stolen identification in connection with a March 15 incident where he was found in a car with a sawed-off shotgun.

In that incident, city police spotted Parenteau in the driver’s seat of a Pontiac Grand Am with a stolen licence plate in the parking lot of a north-side Mac’s store. A subsequent search turned up a sawed-off shotgun in a backpack. Police also discovered Parenteau was prohibited from possessing weapons as a result of a court-ordered prohibition from 2010.

Parenteau was given nine months credit for time spent in pre-trial custody, leaving him with two years and three months still to serve.

toblais@postmedia.com

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Convicted thumb chopper claims tragic childhood in sentencing report

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An Edmonton criminal convicted of the thumb-chopping abduction of a man who drove into a restaurant patio and killed a young boy is claiming he was on the streets at age eight and in a gang by 10.

According to a report prepared for the sentencing of Steven “Diamond” Vollrath — scheduled for Wednesday — the 33-year-old ran away from home when he was eight and lived on the streets.

Vollrath told the person who prepared the report that he “slept under stairwells and in city parks” in the Jasper Place area and said on his “lucky days,” he “sometimes crashed on a friend’s couch.”

Vollrath said he would steal food from stores, break into homes to “eat and shower” and would steal to get money to buy crack cocaine.

He told the report writer he ran away from home because his mother used to leave him with her boyfriend while she went to Bingo and said the man often used to physically abuse him, including once beating him with a dumb bell.

Vollrath says he joined the Westside Cripes (sic), who were also known as the Westside Natives, when he was 10 and later, after being incarcerated as an adult, joined the Red Alert gang.

He says he has since quit the gang.

Vollrath also admits selling drugs while a gang member and says he has been both a drug addict and an alcoholic, but is now clean.

Vollrath continues to deny he was involved in the crimes he was convicted of and claims he was set up. He told the report writer he plans on getting autobody repair training while in prison and wants to get involved with songwriting and rap music when he gets out.

Vollrath was found guilty June 8 of kidnapping, aggravated assault, possession of a dangerous weapon and impersonating police in connection with the Jan. 22, 2015, abduction of Richard Suter.

At Vollrath‘s trial, Suter, 65, testified he was forcibly taken from his Riverbend home by three men posing as police officers. He said he was handcuffed, put into a truck with a bag over his head and taken to an isolated area where he was forced to kneel in the snow before his thumb was chopped off with pruning shears.

Crown prosecutor Jim Stewart is seeking a 15-year prison term for Vollrath, while defence lawyer Paul Moreau has argued his client should be handed a sentence of five to eight years.

In a victim impact statement, Suter wrote that the crime left him and his wife with post-traumatic stress disorder and resulted in their family not visiting them out of fear of further reprisals.

Suter also described the crime as an “act of terror” and asked Vollrath how he could have stooped “to this level of cruelty.”

Suter was sentenced to four months in jail on Dec. 17, 2015, after earlier pleading guilty to refusing to provide a breath sample where a death ensued. However, the Court of Appeal of Alberta later called the sentence “unfit” and increased it to 26 months. He was also banned from driving for 30 months.

Suter’s SUV crashed into the table where Geo Mounsef was sitting with his parents and baby brother at Ric’s Grill in May 2013.

He testified he was not drunk, but became distracted while arguing with his wife as he was parking, and hit the gas instead of the brake.

Thumb-chopping kidnapper handed 12-year prison term

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An Edmonton criminal convicted of the thumb-chopping abduction of a man who drove into a restaurant patio and killed a young boy was handed a 12-year prison term Wednesday.

Steven “Diamond” Vollrath, 33, was earlier convicted of kidnapping, aggravated assault, impersonating police and possession of a dangerous weapon in connection with the Jan. 22, 2015, abduction of Richard Suter, 65, from his Riverbend home.

Provincial court Judge Elizabeth Johnson noted the violent offence was “planned and deliberate” and motivated by a “heinous” reason, that being “to extract vengeance by inflicting serious harm.”

The shackled Vollrath showed no emotion when the sentence was imposed and later looked wryly at a friend in the front row of the public gallery and made a gesture with a closed fist.

In a written decision, Johnson ruled it was aggravating that Vollrath, a former street gang member, was part of a trio involved in the crime in circumstances that indicated advance planning.

She also found it aggravating that the trio gained access to Suter’s home by the “ruse” of being dressed up as police officers and Suter was “targeted” for his killing a young boy in a driving mishap.

“The only reasonable conclusion from this proven fact is that the reason for Mr. Suter’s ordeal at the hands of Mr. Vollrath and his associates was the driving incident which resulted in the tragic death of a child,” said Johnson.

The judge also said the “lasting physical harm” to Suter and the “significant psychological impact” to Suter and his wife were aggravating factors in the sentencing.

“It is aggravating that after Mr. Suter was maimed and lost consciousness, he was left in a relatively deserted area dressed only in his bathrobe and boots,” said Johnson. “This shows a callous indifference to whether he lived or died.”

Richard Suter talks from his home in southwest Edmonton on January 24, 2015 about being abducted, beaten and getting his thumb cut off.

Richard Suter talks from his home in southwest Edmonton on January 24, 2015 about being abducted, beaten and getting his thumb cut off.

She also took into account a pre-sentence report that categorized Vollrath’s life as deprived and tragic, noting “it is not surprising that Mr. Vollrath became involved with gang life.”

Vollrath was found guilty on June 8. Suter testified he was forcibly taken from his Riverbend home by three men posing as police officers. He said he was handcuffed, put into a truck with a bag over his head and taken to an isolated area where he was forced to kneel in the snow before his thumb was chopped off with pruning shears.

In a victim impact statement, Suter wrote that the crime left him and his wife with post-traumatic stress disorder and resulted in their family not visiting them out of fear of further reprisals.

Suter also described the crime as an “act of terror” and asked Vollrath how he could have stooped “to this level of cruelty.”

Suter was sentenced to four months in jail on Dec. 17, 2015, after earlier pleading guilty to refusing to provide a breath sample where a death ensued. However, the Court of Appeal of Alberta later called the sentence “unfit” and increased it to 26 months. He was also banned from driving for 30 months.

Suter’s SUV crashed into the table where Geo Mounsef was sitting with his parents and baby brother at Ric’s Grill in May 2013. The two-year-old was pinned and died from his injuries.

Geo Mounsef, 2, is shown in a handout photo, released on Wednesday December 19, 2012. Mounsef was killed when a SUV plowed onto the restaurant patio where he was dining. Richard Suter has pleaded guilty to refusing to provide a breath sample when there is a death.

Geo Mounsef, 2, is shown in a handout photo, released on Wednesday December 19, 2012.

Suter testified at his trial that he was not drunk, but became distracted while arguing with his wife as he was parking, and hit the gas instead of the brake.

According to a pre-sentence report prepared on Vollrath, the career criminal was on the streets at age eight after fleeing an abusive home and was in a street gang by 10.

Vollrath told the report writer he is no longer a gang member. He also continued to deny he was involved in the crimes he was convicted of and claims he was set up.

After getting approximately 18 months credit for time spent in pre-trial custody, Vollrath has about 10-and-a-half years to serve.

Tearful Edmonton driver imprisoned for drug-fuelled rampage

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An Edmonton drug addict who drove directly at a pedestrian after threatening to kill him was sent to prison Wednesday, tearfully saying he’s a changed man.

Larry Knebel, 31, was handed a 40-month sentence, after earlier pleading guilty in provincial court to assault with a weapon, hit and run, criminal flight from police and driving while disqualified.

Judge Janet Dixon, who also banned Knebel from driving for 10 years following his release, ruled it was aggravating factor that he fled police during the April 30, 2014, incident and has a previous criminal record with convictions for serious driving offences.

“Obviously, the use of a vehicle in this fashion poses a high risk to the public,” Dixon said.

The judge also accepted that while Knebel suffers from a “profound” drug addiction, he has done extensive work to turn his life around.

Before being sentenced, a crying Knebel told Dixon that he has gone from being someone who spent all of his time getting high on drugs and committing crimes to someone who is clean and sober, attending church and about to have a baby with his wife.

“I am not the same person as the person who committed these crimes,” he said. “I changed my life.”

According to an agreed statement of facts, witnesses contacted police after seeing Knebel driving erratically and dangerously. He was screeching his tires, doing burnouts, and drove through a fence in the area of 28 Avenue and 78 Street about 6:15 a.m.

Court heard the witnesses also saw Knebel speeding, hopping curbs, driving over a grassy area by a housing complex and school, and acting “very strangely,” including getting out of his Buick Century and head-butting the car, lying on the ground and stumbling.

Court heard Knebel then drove to a nearby bank parking lot where he continued to speed and drive erratically, nearly striking a parked car. At that point, Rodney Greenly swore at Knebel and yelled at him to get off the property, leading to Knebel getting out of his car and telling Greenly he was going to kill him.

Knebel then got back in the car, put it in reverse and “pounded” the gas pedal as hard as he could, heading directly toward Greenly. He spun the wheel and came around in a large arc, coming right up to him. Greenly had to quickly move to avoid getting hit and again told Knebel to leave.

Court heard Knebel put the car in reverse, did a U-turn around a light post and headed straight for Greenly, who was forced to jump out of the way. Knebel then smashed into a parked truck before fleeing and driving over a curb, nearly hitting a bicyclist.

A police officer showed up and activated his emergency lights. Knebel accelerated through a parking lot and took off. The chase was stopped a short time later when the officer lost sight of Knebel, but he later spotted him and arrested him after a foot chase.

Defence lawyer Laurie Wood told court Knebel had been high on crystal methamphetamine when he went to a party and then ate some drug-laced food.

City gangster gets prison term for gun charges from deadly shooting

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An Edmonton gangster who shot a man dead during a meeting to settle a dispute at a Mill Woods pizzeria was put behind bars Wednesday on gun charges stemming from the shooting.

Tyson Clark, 28, had been charged with murder for the March 30, 2013, killing of Blair Cunningham, 29, at Mama’s Pizza, but that charge and one of aggravated assault for shooting a second man were earlier withdrawn after the Crown determined there was no reasonable likelihood of conviction.

However, Clark ended up pleading guilty to carrying a concealed weapon, possessing a loaded prohibited firearm, possessing a prohibited firearm while prohibited from doing so and possessing a gun without a licence or registration.

And, on Wednesday, he was handed a 5-1/2-year prison term.

Court of Queen’s Bench Justice Gerald Verville ruled it was aggravating that Clark was involved in the drug and gang lifestyle and he was armed with a concealed weapon during an incident in a public place where one person was killed and another was wounded.

“This, in my view, was a very serious situation,” said Verville, adding he finds it “disconcerting” that Clark gave police conflicting stories about the whereabouts of the gun used after turning himself in.

Verville said it was mitigating that Clark pleaded guilty and has shown some remorse and he accepted defence lawyer Cristian Manucci’s submission that Clark wants to turn his life around.

According to agreed facts, Clark and Mikael Makonnen, then 35, walked into the 2815 Millwoods Rd. pizzeria about 10:30 p.m. to meet Darryle Cote, then 33, who was accompanied by Cunningham.

Court heard there was a dispute between Cote and Clark over a planned drug ripoff in Peace River. Clark had driven to Peace River for the ripoff, but Cote called it off and failed to meet him.

An angry Clark then broke into the home of Cote’s brother to look for drugs and ransacked the house while brandishing a handgun.

The meeting quickly deteriorated when Cote and Clark began fighting. Makonnen tried to separate them, but Cunningham jumped in and attempted to hit Clark in the head with a 9 mm semi-automatic handgun he was armed with.

Clark and Cote continued scrapping and Cunningham pistol-whipped Clark with the gun. Then Clark heard the sound of a gun being racked, realized Cunningham had a gun and pulled out his own handgun and pointed it toward Cote and Cunningham.

Clark fired once at Cunningham, hitting him in the chest. He then shot at Cote, striking him in the leg, as terrified customers ran and hid, and then fled. Cunningham died in hospital.

In a victim impact statement, Cunningham’s mother wrote she is “devastated beyond description.”

After getting 39 months credit for time spent in pre-trial custody, Clark has 27 months still to serve.

toblais@postmedia.com

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Teen at centre of sex assault case that drew national attention gets probation

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A teen at the centre of a high-profile Edmonton sexual assault case, where a judge scathingly rebuked a youth court judge while overturning the boy’s acquittal, was placed on probation Thursday.

The 16-year-old honours student, who cannot be identified under the Youth Criminal Justice Act, was granted a six-month conditional discharge and ordered to take counselling, including a program focusing on sexual consent.

The remorseful teen, who stood ramrod-straight while being sentenced, was also ordered by youth court Judge Danielle Dalton to to write a report outlining what sexual assault means to him. He was banned from having any contact with the victim or going to the school where it happened.

Dalton took the case over from her colleague, Judge Michael Savaryn, following an order from Court of Queen’s Bench Justice Juliana Topolniski.

Topolniski was critical of Savaryn’s decision and overturned the teen’s initial acquittal. She sent the case back to youth court for sentencing and asked that Savaryn play no part.

Dalton on Thursday rejected a defence pitch for a reprimand, saying it would be “contrary to the public interest.”

Dalton ruled the Oct. 20, 2015, incident on the lower end of the sexual assault spectrum, “although not at the lowest end.” She said it was more than a “momentary touching” and the teen, who was 15 at the time, had been “persistent” in his actions.

“While his actions were more than just a momentary lapse in judgment, they were not premeditated, and I am satisfied that his actions were not predatory,” said Dalton, adding she accepts he is “truly remorseful,” he understands “that what he did was wrong” and his letter of apology to the victim is “genuine.”

Dalton said the victim, who was also 15 at the time, was clearly affected, with her school performance and sense of security suffering. She sought counselling.

At trial, court heard the boy was caught on camera making advances to the girl, whom he did not know, at their high school.

The incident began with him asking her if she was involved with another boy. About 10 or 15 minutes later, he made crass remarks about her body, which she said she found “disrespectful,” but laughed them off because she was caught off guard.

Then, a short time later in the hallway, he told her she was “sexy and fit.” He touched or slapped her buttocks several times. Again, she felt uncomfortable, but initially laughed it off.

He then pushed her into a locker, grabbed at her buttocks, ran his hand over her body and tried to kiss her.

The girl quickly moved out of the way and told him to go the opposite way as she turned a corner. He instead followed her, pushed her into a closed doorway and again grabbed her buttocks and breasts, and tried to kiss her.

Court heard she tried to push him away and fend him off with a water bottle, but he said she should “just let him do it.” She replied “no” and said “it wasn’t right.”

She left the school, but once outside, he went up to her and asked for a hug. She declined and walked away and he came back, grabbed her and hugged her.

In a decision in April, Savaryn found the teen not guilty. In his ruling, he said the teen “did not mean to touch the complainant sexually without her consent and nor was he reckless or wilfully blind to her lack of consent.”

Savaryn also found the victim had not successfully communicated her “discomfort” and said he was not convinced “she clearly expressed her objections.”

The Crown appealed the decision and, in July, Topolniski overturned the acquittal and replaced it with a conviction.

In her withering ruling, she slammed Savaryn for using “myths and stereotypes about sexual assault victims” to inform his decision.

“Consent in the context of sexual activity is not a difficult concept. It means just what the word implies,” Topolniski wrote.

“Consent means ‘yes’,” she wrote. “The word ‘no’ does not mean ‘yes.’ The word ‘no,’ coupled with fending off an attacker with a water bottle does not mean ‘yes.’ There is nothing ambiguous about it.”

She added: “The requirement that a complainant raise the hue and cry has long since passed into the mists of time.”

After the ruling, Edmonton’s provincial court chief judge ordered a review of the matter.

Home invader voyeur who took secret videos of co-worker jailed

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A love-sick Edmonton man who broke into a female co-worker’s home and planted a cellphone in her bedroom capable of transmitting video to his computer was put behind bars Thursday.

Kenneth Soon Phin Lee, 35, was sentenced to 18 months in jail, to be followed by three years of probation, after pleading guilty to break and enter with intent to commit voyeurism and attempted unlawful interception of private communication.

Court heard Lee has an advanced level of knowledge regarding computers and mobile Internet devices and he was harbouring “secretly developed romantic feelings” for the victim.

Court also heard Lee somehow had a copy of the woman’s house key made, broke into the home more than once and hid a second cellphone capable of transmitting video in a box in her bedroom closet.

As well, Lee surreptitiously recorded images of the woman at work with a camera disguised to look like a key fob and then used photo-editing software to paste images of naked men on top of her images so it depicted naked men performing sex acts upon her.

Provincial court Judge Greg Lepp told Lee his actions in “invading” the woman’s home and placing cellphone cameras in places to “capture images of her undressing” were “extremely serious.”

Lepp also told Lee he accepts he had no intention to “hurt” the woman and simply “had secret feelings for her,” but said a strict sentence was necessary to send out the message that such illegal conduct “will not be tolerated” and will be “denounced.”

According to an agreed statement of facts, Lee and the woman were co-workers and friends, but there was never any romantic involvement between them during the eight years they worked together and she did not realize he had romantic feelings for her.

Crown prosecutor Craig Krieger told court that Lee used his copy of the woman’s house key to enter the home while she and her spouse were away and he attached a smartphone to the underside of a lampshade in her master bedroom. The phone had an app on it capable of transmitting audio and video via the Internet to his computer and was also equipped with an external battery pack.

Court heard the woman discovered the phone while using the lamp to read in bed on Jan. 26, 2015, and then examined it and realized it had a recording app on it. The next day at work, she was quite upset while telling co-workers, including Lee, about it.

Shortly after, Lee confessed to the woman that he was responsible and told her he was “clearly unwell” and “truly sorry.” He also gave his supervisor the copy of her house key and police were called.

He was arrested and, a short time after he was released from custody, he advised police through his lawyer that he had planted a second device in the woman’s bedroom closet. Police found the cellphone, which had a clear view of the woman’s bed, and also seized seven videos, some of which showed the woman getting dressed.

Court heard there were also videos showing a different bedroom, which indicated Lee had been at the home more than once.

As a result of the offences, Lee resigned from his position.

Defence lawyer Dushan Coulson told court Lee’s confession to both the woman and police shows his remorse. He also noted that his client is suffering from depression.

While on probation, Lee must take psychiatric or psychological counselling. He is also not allowed to contact the victim or go within two blocks of her home.

toblais@postmedia.com

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Sexually exploitative drug trafficker sentenced to two years in jail

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A middle-aged Edmonton man who trafficked in marijuana and gave drugs and money to two underage girls in exchange for sex was handed a two-year jail term on Thursday.

Mark James Shannon, 58, earlier pleaded guilty to possession of marijuana for the purpose of trafficking.

According to agreed facts, between Feb. 1 and Feb. 21, 2013, two females who were under 18 went to Shannon’s home near 118 Avenue and 96 Street for the purpose of getting marijuana.

Court heard Shannon smoked marijuana with the teens and paid them between $30 and $100, and sometimes with drugs, upon completion of sex acts with them.

On Feb. 21, 2013, Shannon began speaking with a female undercover police officer on 118 Avenue near 96 Street and sold her some marijuana for $20 and offered her $60 in exchange for sex.

He had also been charged with sexual assault, sexual interference, procuring youth for sex, trafficking in a controlled substance and possession of stolen property, but those charges were withdrawn in exchange for the guilty plea

In February 2013, detectives with the city police VICE unit arrested Shannon for sexually exploiting a 16-year-old girl and said he had approached the teen and offered her money and marijuana in exchange for sex.

A month later, police laid further charges against Shannon and said two more teenage girls, ages 16 and 17, had come forward after seeing media reports about the incident and accused Shannon of giving them marijuana or cash in exchange for sex.

Shannon was given 12-1/2 months credit for time spent in pre-trial custody, leaving him 11-1/2 months still to serve.

toblais@postmedia.com

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Alberta man found not criminally responsible claims he was faking mental illness

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An Alberta man found not criminally responsible for assault offences due to a mental disorder — but who now claims he was just faking it to avoid jail — has lost his bid for an appeal.

Chando Kayne Jackson, 29, was put under the care of Alberta Hospital in 2012 after a judge accepted he was not criminally responsible for crimes committed in St. Paul based on psychiatric evidence relating to Jackson claiming he was being tormented by voices in his head coming from demons and a guardian angel.

However, Jackson appealed the decision in 2015, arguing he was “only faking mental illness” and proposing to plead guilty to the offences and then seek an appropriate sentence.

Jackson also applied for an extension of the time to appeal his conviction — he was three and a half years past the deadline.

The Crown asked for Jackson’s sentence appeal to be struck.

In a decision earlier this month, Court of Appeal of Alberta Justice Frans Slatter dismissed Jackson’s extension application, noting his sentence appeal was “irregular,” and struck the appeal.

Court has heard Jackson kicked in the front door of a St. Paul residence in March 2012, assaulted one of the occupants and then sat down on the couch and began watching TV.

Police arrived and arrested him without further incident, although he was not making any sense. He was apparently sober, but delusional, and spoke of a guardian angel and the devil and made other irrational comments.

Jackson was taken to hospital and, while handcuffed and shackled, managed to destroy a room by dumping medical equipment on the floor, smashing a door with drawers ripped out of a cabinet and continuously taking runs at the door to bodycheck it.

Jackson was described as incoherent and non-responsive and he violently resisted the attempts of the RCMP to restrain him. He also continued to hallucinate and express delusional thoughts.

A judge ordered an assessment and a psychiatrist concluded that, while Jackson was then fit to stand trial, his psychotic state of mind at the time had prevented him from knowing right from wrong.

The psychiatrist noted Jackson reported hearing voices that were tormenting him and told hospital staff he challenged the demons to prove their reality, at which point he saw faces in the clouds. He then heard a female voice that claimed to be his guardian angel. The demons knew everything about him, were mocking him, and telling him he was going to go to hell unless he killed himself.

Court heard Jackson also told the psychiatrist he had assaulted the victim because he believed the man was “assisting the demons.”

Jackson’s long pattern of substance abuse was cited as having a possible effect on the diagnosis, but the psychiatrist concluded he was eligible for a defence of not criminally responsible.

In his decision, Slatter noted Jackson has abused booze, marijuana, crystal meth and crack cocaine and said it is evident that substance misuse is the source of most of his problems and has triggered his psychotic episodes in the past.

On Sept. 25, 2012, Jackson was found not criminally responsible.

But, in his May 2016 appeal, he claims he is not mentally ill.

“I lied and manipulated (the) assessing psychiatrist and regret it every day of my life,” wrote Jackson in an affidavit in the appeal documents. “Wish and would like to have done time instead.”

Jackson also admitted he had no intention to file an appeal within the 30-day appeal period because he was “malingering in an attempt to be found not criminally responsible.”

Slatter concluded Jackson took advantage of the system and avoided both conviction and incarceration.

However, he accepted a 2016 psychiatric review which found that, despite not suffering from a mental illness, Jackson was displaying psychotic behaviour before, during, and after the offences.

“The argument that he was ‘faking mental illness’ is unconvincing,” wrote Slatter. “It appears his psychotic symptoms were real.”

toblais@postmedia.com

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Murder trial starts for alleged White Boys Posse leader accused of ordering hits

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An Edmonton jury in a first-degree murder trial heard an opening statement Tuesday that was jam-packed with grisly details about violent gangsters, drug-dealing and contract killings.

Joshua Dylan Petrin, 33, is accused of ordering a hit on Bryan Gower, a drug dealer who was shot in the head with a .357 Magnum revolver on Sept. 25, 2012, after being set up in a supposed drug transaction outside of Lloydminster.

Crown prosecutor Jeff Rudiak told the seven women and five men on the jury that he will be asking them later to find Petrin guilty of first-degree murder for directing two men to kill Gower.

In his opening statement, Rudiak said an unidentified witness — who is currently serving two life sentences after pleading guilty to both Gower’s murder and one in Saskatoon — is expected to testify Wednesday that he was affiliated with the White Boys Posse gang.

Rudiak said the convicted killer will also tell the jury lots about the drug-dealing gang and is expected to say he was under the direction of Petrin and “Petrin wanted Mr. Gower to be killed.”

The prosecutor also told jurors the man will testify Gower was killed because he was “jacking around” other affiliates of the White Boys Posse, which he said meant Gower was causing trouble for drug runners working for the gang.

“Mr. Petrin got word of that and wanted to kill him,” said Rudiak.

He told the jury he expects the witness to say that he and Randy O’Hagan, another White Boys Posse affiliate who is also serving two life sentences for the same two killings, showed up at the scene outside Lloydminster and he was armed with a .357 Magnum while O’Hagan was armed with an AR-10 assault rifle.

Rudiak said the witness will testify he shot Gower in the head with the .357 and that he had received the AR-10 from Petrin a couple of days earlier and Petrin had told him then that the assault rifle would help him in his “mission” to kill Gower.

The jury heard the witness is also expected to tell them that, while Petrin did not hand him the .357, he was the “middle man” in arranging he received the revolver, and that it was Petrin who ordered him to kill Gower.

This is the pickup that victim Bryan Gower got out of just before being shot dead on Sept. 25, 2012.

This is the pickup that victim Bryan Gower got out of just before being shot dead on Sept. 25, 2012.

Rudiak told jurors Gower’s killing began with a phone call to the victim from a man named Michael Bexson late in the evening on Sept. 24, 2012, requesting Gower get him more drugs.

Gower didn’t have any at that point and contacted O’Hagan to get some, said Rudiak, adding a meeting was set up and Bexson and Gower were sent to a rural location outside Lloydminster.

Then, as Gower stepped out of the black pickup he had been driving, “gunfire erupted” and he was shot dead, said Rudiak.

The prosecutor also told the jury that the White Boys Posse was “very busy” during the summer of 2012 and had gone to Saskatoon under the direction of Petrin to “expand” their drug business.

He also said another unidentified witness, who is currently in the federal witness protection program, is expected to testify during the trial he was Petrin’s “right-hand man” and had gone to Saskatoon from the Northwest Territories because Petrin was “very upset” with a man named Trevor Cromartie, a White Boys Posse member who had left the gang and taken some money.

Rudiak said the witness will tell the jury there was a $40,000 bounty on Cromartie and he was asked to have some weapons “on the ready” as Cromartie had been located in Saskatoon. He will also say he, Petrin and O’Hagan came up with a plan to kill him.

Rudiak also told jurors that police seized texts saying Petrin wanted a man named Bob Roth Sr. “bumped off” as a result of $160,000 worth of drugs going missing and a man named Nikolas Nowytzkyj later pleaded guilty to manslaughter in connection with Roth’s killing and was sentenced to 20 years in prison.

The Court of Queen’s Bench trial is scheduled for two weeks.

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