Five months in jail for unlawful confinement

A man who restrained a kidnapping victim by duct-taping and tying him to a chair will be serving a five-month jail sentence.

Crimes committed against the victim were considered to be “heinous” and “horrific” by Judge Darwin Greaves during the sentencing of George Robert Johnson Thursday at the Medicine Hat Courthouse.

Johnson pled guilty to one count of unlawful confinement for his smaller involvement in a much larger incident that occurred in May of 2016, allegedly spearheaded by Johnson’s now former roommate.

It’s alleged that the roommate and another man threatened and kidnapped the victim, taking him back to the residence. The victim was then allegedly robbed, and repeatedly assaulted by multiple people. Johnson arrived at the residence in the evening, and was directed to tie the victim to a chair in the basement. Johnson did so using rope and duct tape, and placing duct tape over the man’s mouth to keep him from yelling. Johnson later removed the duct tape from the man’s mouth.

The victim was barred in a room overnight, until police arrived at the residence the next morning acting on an anonymous tip.

“The actions of Mr. Johnson are serious,” said the Crown, requesting a sentence at Thursday’s sentencing ranging from three to six months. Johnson had no idea of the crime prior to his appearance, it was noted, and his participation did occur with some pressure. It’s not alleged that Johnson took an active role in any of the assaults against the victim.

Johnson’s defence counsel argued for a three-month sentence that could be served on weekends, or a sentence of six months that could be served as house arrest. The reasoning for this, it was argued, was due to Johnson not having any issues while being on release since the incident, his employment on a farm, his current treatment for addiction issues, and working toward rehabilitation.

But Judge Greaves strongly disagreed with such a lenient sentence, pointing out that Johnson’s participation in this crime took place soon after being released after serving a three-year federal penitentiary sentence, and committing probation violations.

Defence and Crown parsed out the level of Johnson’s criminal responsibility for the incident, said Greaves, which has led to the sentence already being lowered down to the three to six months.

“But the victim cannot be disregarded,” said Greaves, saying he doubts the victim would parse out this difference, and was further traumatized by Johnson’s actions. While Johnson felt pressured to participate in the incident, it does not qualify as coercion, said Greaves, and Johnson was “saving his own hide at the expense of the victim.”

Johnson’s roommate, Michael Orr, has pled not guilty to kidnapping, robbery and assault, and has a trial set for May 8-11.

Orr’s domestic partner at the time, Jennifer Cote, entered guilty pleas last August to unlawful confinement and assault with a weapon and was sentenced to six months. Others are alleged to have been involved in the incident, but no charges have been laid.

One month of Johnson’s sentence is considered time served.