The Guardian (Charlottetown)

Man who threatened police jailed

Court hears Robert Dwayne Kelly has history of obstructin­g officers

- RYAN ROSS ryan.ross @theguardia­n.pe.ca @ryanrross

A P.E.I. man who says he thought he was roofied before an incident during which he threatened police officers who were arresting him was sentenced recently to 120 days in jail.

Robert Dwayne Kelly, 48, appeared before Judge Jeff Lantz in provincial court in Charlottet­own by video from jail where he has been in custody since his arrest in August.

During the proceeding­s, Kelly pleaded guilty to resisting arrest and breaching his probation.

Reading from an agreed statement of facts, Crown attorney Jeff MacDonald told the court that on Aug. 20, the police were dispatched to a call about Kelly being in a home uninvited.

MacDonald said the police found Kelly nearby and had to restrain him.

The court heard that Kelly made several threats on the way to the jail, including that he would cut off one officer's face.

He also threatened to go to one officer’s house and kill her daughter.

MacDonald said Kelly was in a “fairly obstructiv­e mood.”

Kelly has a prior record that the court heard included recent conviction­s for causing a disturbanc­e by fighting and obstructin­g police.

The court heard Kelly’s record includes 10 obstructio­n conviction­s and four conviction­s for assaulting a peace officer.

MacDonald said the “chronic obstructiv­e behaviour” Kelly engages in is a risk to his own safety and that of the police officers who deal with him.

He also said Kelly has spent almost half his time in custody since his return to P.E.I. in 2018.

In his submission­s, Kelly told the court he believed he had been roofied the day of the incident.

He also said he has made police officers’ jobs more difficult in the past and they may be more aggressive with him based on his history.

Before hearing his sentence, Kelly said he has gone back to officers after prior incidents and apologized to them.

Kelly said he is aware of his addiction and he has referrals for treatment.

Doing time in jail is simple for him, Kelly said, adding that facing life’s challenges is much harder.

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