Breaching probation orders costs man $600

A Penticton man who was found heavily intoxicated three times — despite being bound by a court order to stay sober — owned up to his behaviour and told a judge Monday he’s working at bettering himself.

Kevin Aaron Carroll, 27, pleaded guilty to three counts of breach of a probation order and one count of willfully resisting or obstructing a peace officer and was sentenced in provincial court in Penticton. He was fined $600 to be paid by Jan. 1, 2018.

Carroll’s original probation conditions, imposed following a conviction in June 2016 for causing a police pursuit and refusing to provide a breath sample, included not possessing or consuming any alcohol.

But court heard that in the early morning of Dec. 22, 2016, Carroll was found heavily intoxicated and unconscious in a snow bank by a citizen.

When an ambulance attended, Carroll was extremely upset.

“It appeared that he was suffering from some type of mental health episode at the time,” said Crown counsel John Swanson.

Carroll was transported to Penticton Regional Hospital and later released.

Just a week later, he was located face down on a sidewalk by emergency personnel in Penticton and taken to PRH again. Once he was cleared for any medical issues, he tried to leave despite concerns from hospital staff about his level of apparent intoxication and lack of winter clothing.

RCMP were called and attempted to take him into custody overnight so that he could sober up. Police had tried to force Carroll to co-operate when he resisted arrest. He was taken to the ground and continued to kick at police as they tried to get him under control.

Early on Feb. 26, 2017, police were again called to PRH in response to reports Carroll was causing a disturbance by yelling and flipping over furniture in the hospital’s emergency room lobby. Carroll was the only one in the room at the time.

Swanson suggested a 14-day jail sentence for each offence.

In response, defence counsel James Pennington urged a suspended sentence of probation, noting Carroll’s actions came as a result of his depression, something he has since taken steps to treat without the use of alcohol, and that his improvements could be lost by going to jail.

“He unfortunately tried self-medicating by taking alcohol. Obviously it did not work. In many ways it made matters worse,” Pennington said.

“This was more than self-medicating, it appears he was trying to drink himself to death,” replied Judge Greg Korturbash.

Carroll has since participated in a 45-day treatment program with Pathways Addiction Resource Centre and attained full-time employment.

Korturbash acknowledged Carroll’s depression as the reason for his drinking. He said Carroll’s attempts at seeking treatment were what stopped him from going to jail.

“Sometimes places can get pretty dark, but you’ve got to remember that there’s always a tomorrow and to get out of that place,” the judge told Carroll. “Take care of yourself, sir, and stay well.”