Jail sentence over before it started

Kelowna thief handed 270-day term but leaves court a free man with credit for time served

A Kelowna man was sentenced to 270 days in jail for a string of 2016 thefts, but was set free the same day.

Warren Rudy Kitsch, 37, was charged with two counts of theft, two counts of obstructing a police officer, two counts of possessing a weapon obtained through crime, one count of possessing a weapon for dangerous purposes, one count of breaking and entering, two counts of possession of stolen property, one count of escaping lawful custody and one count of possessing someone else’s identity without lawful excuse.

Kitsch pleaded guilty to all counts except for the weapon possession charges, escaping from lawful custody and the identity charge, which were all dismissed by the Crown.

On Sept. 14, 2016, Kitsch was found breaking into a vehicle.

He was later located, but fled police and resisted arrest, Crown counsel told the court in Kelowna on Tuesday.

Police saw Kitsch riding away on a bicycle and chased after him on foot, but lost sight of him.

Another officer then saw Kitsch near Ben Lee Park and arrested him.

Police found a GPS device, a radar detector, hand tools, sunglasses, a BlackBerry phone, two wallets, a notebook and some phone chargers on Kitsch.

On Oct. 11, a Kelowna RCMP officer observed Kitsch riding a bicycle in Rutland near Highway 97. He wore a backpack and carried a long item.

“The male was acting suspiciously, and that’s why he caught (the officer’s) attention,” said the prosecutor. “The male stopped riding his bike when it appeared as though he would cross paths with the corporal . . . then the male quickly jumped off his bike.”

The officer called out to Kitsch, telling him to stop, but Kitsch discarded his backpack and the item he was carrying and climbed over a fence.

The officer caught up with Kitsch and arrested him.

He then retrieved the backpack and the other item, which was a stolen 20-gauge shotgun.

Inside the backpack were two wallets containing the identification of other people and a radar detector.

Kitsch was also in possession of a butterfly knife.

On Nov. 12, Kelowna RCMP responded to an alarm at Fraser Valley Wireless and discovered Kitsch and another man.

“(An officer) followed the accused, Mr. Kitsch, northbound on Enterprise Way as he rode his bike furiously as the police car gained on him,” said the prosecutor. “He turned his bike into the front passenger door of the police car and it knocked him to the ground, and that is when he was arrested.”

Kitsch was unsuccessful in gaining entry to the store and nothing was stolen.

On Tuesday, Judge Vincent Hogan sentenced Kitsch to 270 days in jail.

With credit for time served, Kitsch was released the same day.

“You have been given a real judicial kiss here,” Hogan said to Kitsch in court. “We want to work with you. It’s entirely up to you what happens after today. All we have to do is keep our hands off other people’s stuff.”