Penticton Herald

13 months’ jail for S. Okanagan’s most-wanted

- By JOE FRIES

Just weeks after his arrest ended his turn as the South Okanagan’s most-wanted fugitive, a high-profile criminal is now serving jail time while waiting to deal with two more serious sets of charges.

Andrew Hardenstin­e, 43 was sentenced Thursday to a total of 13 months behind bars on four conviction­s related to a 2022 police chase in Penticton: failing to stop for police, driving while prohibited under the Criminal Code, driving while prohibited under the Motor Vehicle Act, and driving while suspended under the MVA.

Hardenstin­e was convicted following trial in provincial court in June 2023, but then failed to show up for subsequent court appearance­s. That led to the issuance of warrants and a seven-week manhunt earlier this year.

Court heard the 2022 incident involved Hardenstin­e, a prohibited driver, riding a dirt bike and leading police on a chase through Penticton and Penticton Indian Band territory. Officers eventually called off the chase due to high speeds, but later caught up with Hardenstin­e after his bike got stuck.

Crown counsel Kurt Froehlich urged a sentence in the range of 12 to 18 months, noting the 62 prior conviction­s on Hardenstin­e’s record.

“It is an almost unbroken pattern of criminal conduct, which is a quarter-century long,” said Froehlich.

“In my submission, the protection of the public is paramount here. The only thing that’s going to achieve that is a significan­t sentence of imprisonme­nt. The only way to deter him and others like him who insist on driving when the law says they can’t drive is to incarcerat­e them.”

Defence counsel Melissa Lowe countered with a recommenda­tion of no more than three months in jail for her client.

She described the Crown’s recommenda­tion as “excessive” and “too significan­t of a step up,” given Hardenstin­e’s last conviction for driving while prohibited, in 2019, attracted a sentence of just 29 days.

“All of the sentencing principles – denunciati­on and deterrence – can be communicat­ed through a more modest sentence,” said Lowe.

Judge Lynett Jung disagreed. “He was driving… in a way where the police decided they needed to discontinu­e trying to pursue Mr. Hardenstin­e on the dirt bike through the Penticton Indian Band and the streets of Penticton because it was not safe to do so,” said Jung.

The judge also looked skepticall­y at Lowe’s claim that Hardenstin­e deserved credit for not piling up more driving offences between 2020 and 2022.

“Really, if you look at his record, I don’t know how he would have had time to drive. He was in jail most of the time,” said Jung.

Hardenstin­e is still awaiting trial on two other matters. The first alleges two counts of drug traffickin­g and a single count of resisting arrest, stemming from a March 2023 incident in Penticton. An arrest warrant was issued Nov. 1 when Hardenstin­e was a no-show at his first scheduled appearance.

Mounties attempting to serve that warrant descended Feb. 21 on a motorhome in Okanagan Falls where Hardenstin­e was thought to be staying.

Hardenstin­e fled before officers arrived, prompting the RCMP to issue a public appeal urging Hardenstin­e to turn himself in.

The incident in Okanagan Falls resulted in nine charges against Hardenstin­e that were laid April 5, including disarming a police officer, assaulting a police officer, resisting arrest and six firearms offences.

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