Fleeing from police leads to 7 months in jail

Evading police on a stolen motorcycle he claimed to be fixing for a friend has left a Penticton man spinning his wheels behind bars.

Daniel Leslie Burgess, 34, pleaded guilty to flight from police and possession of stolen property over $5,000, and was sentenced Wednesday to seven months in jail.

He also admitted to an unrelated breach of probation and had another month tacked onto his sentence, which included enhanced credit of three months’ time served.

Court heard two motorcycles were stolen June 12 from a home on Lawrence Avenue. The following day, one of the bikes was spotted at a convenience store on Skaha Lake Road, and later at the Grenada Inn.

Police arrived at the motel in time to watch the bike speed away.

“The motorcycle veered into oncoming traffic and fled at a high rate of speed. There was a significant amount of traffic from the general public on the road at the time, and the police discontinued the chase because of the risk to the public,” said Crown counsel Kurt Froehlich.

Later that evening, Burgess — dressed in the same clothing as the motorcycle rider — was arrested for the unrelated probation breach after getting out of a vehicle on South Main Street.

The motorbike was found hidden in some bushes nearby.

Froehlich noted Burgess has a “significant and aggravating” criminal record for property crime, including 13 convictions for possession of stolen property, four for break-andenter and three for theft.

“There’s a need for denunciation and deterrence here,” said Froehlich, who called for a total jail sentence of 14 months.

Defence counsel Norm Yates countered with a recommendation closer to six months, citing his client’s ongoing struggle with drug addiction.

Yates explained Burgess is a small-engine mechanic and agreed to repair the stolen motorcycle for a friend, before realizing it was stolen.

“When he took flight from the police, his purpose in doing so is he did not want to get caught. Period,” continued Yates.

“He knew that he was in trouble or would likely be in trouble for being in possession of the motorcycle in the circumstances. He had nothing to do with its theft.”

Speaking via videoconference from the Okanagan Correctional Centre, where he’s been held since his arrest in June, Burgess expressed a desire to keep working towards becoming a productive member of society.

“I just need to stay away from the drugs and the bad associates and I can actually be good and work my supports, and that’s what I need to focus on,” he said.

Judge Gale Sinclair agreed, describing Burgess’s criminal record as consistent with drug addiction.

In addition to the jail term, which will be followed by 18 months’ probation, Burgess was also handed an 18-month driving prohibition.