Charlottetown man found sleeping inside residential building gets jail

A Charlottetown man who unlawfully entered a residential building in the city and slept in a common area has been sentenced for that and other offences, including possession of stolen property and trespassing.

"I'd like to change," said the offender, Christopher Wayne Rush, at sentencing on March 20 in provincial court in Charlottetown.

Rush, 33, appeared in court by video from the Provincial Correctional Centre.

Rush was initially charged with two counts of break and enter with the intent to commit indictable offences, but with the consent of Crown attorney Jeff Macdonald, instead pleaded guilty and was sentenced for lesser offences of mischief for interfering with the lawful use of property (Jan. 8) and unlawfully being inside a dwelling (Feb. 8). Rush also pleaded guilty and was sentenced for two counts of possession of stolen property and trespassing at night. All of the offences occurred roughly over a fiveweek span.

THE FACTS

Macdonald told the court that on Monday, Jan. 8, Charlottetown police received a report that someone was trying to break into an apartment building at 315 University Ave. Rush and another man were found sleeping on the floor in a hallway. They were woken up by the complainant and both left the building. Video security footage showed Rush picking the lock with an object. Police were also able to identify Rush and the other man from the video footage. Rush was arrested and released on conditions.

Then on Friday, Jan. 19, Charlottetown police were called again for a report that a man - Rush - was sleeping inside another residential building. Charlottetown police were called and found Rush sleeping with his belongings scattered around him.

Among the items were two stolen cheque books. As a result, Rush was arrested and charged with possession of stolen property.

BROKE INTO CONDOMINIUM BUILDING

On Thursday, Feb. 8, Rush entered a condominium building at 41 Richmond St. Rush was seen on video surveillance footage using a piece of metal to break into the building's front lobby door at 3:55 a.m. Rush spent about 90 minutes in the building's common area. He left that area and was seen again on video surveillance footage in the parking garage trying to open several vehicles door handles. Rush exited the building and left behind a pillow and the smell of cigarette smoke in the common area. Police identified Rush from the video footage.

TRESPASSING AT NIGHT, STOLEN PROPERTY

The following day, on Friday, Feb. 9, Rush was in the Parkdale Crescent area going from residence to residence trying to enter vehicles. Some of the residents saw Rush and phoned police. One vehicle door was open, and some money was missing. Rush was located shortly after and arrested for trespassing at night.

A few days later on Sunday, Feb. 11, Rush was caught shoplifting from Walmart. The items were recovered, and Rush was arrested and taken to the Charlottetown police station.

While in custody, police found that Rush was in possession of another stolen cheque book. He was charged with another count of possession of stolen property and remained in custody until sentencing. Macdonald stayed a charge of theft under $5,000 in relation to the shoplifting incident.

201 DAYS IN JAIL

Macdonald and legal-aid lawyer Chris Van Ouwerkerk jointly recommended a total of 201 days in jail and two years of probation. Rush had a lengthy criminal record, which includes jail time for breaking into the Rodd Charlottetown hotel and stealing alcohol on April 3, 2022. Macdonald said that the most recent offences appeared to be motivated by Rush's homelessness and addictions issues.

Chief Judge Jeff Lantz accepted the joint recommendation and sentenced Rush. The 201-day jail sentence broke down into 60 days for the Jan. 8 mischief offence, another 15 days for possession of the two stolen cheque books, 90 days for unlawfully being in a residential building (on Feb. 8), 15 days for prowling at night and 21 days for possession of another stolen cheque book.

Lantz gave Rush 60 days of credit for time already served in pre-sentence custody.