Cor­ner Brook man gets house ar­rest for steal­ing money left for pa­per car­rier

The Western Star - - CLOSE TO HOME - DIANE CROCKER [email protected]­ern­ Twit­ter: WS_DianeCrock­er

COR­NER BROOK, N.L. — Tak­ing money meant for a pa­per car­rier out of mail­box was a petty, ju­ve­nile crime in the eyes of a Cor­ner Brook pro­vin­cial court judge.

And for the crime, Judge Kari Ann Pike sen­tenced a Cor­ner Brook man to 26 days house ar­rest dur­ing an ap­pear­ance be­fore her on Aug. 26.

Kevin Turner, 31, had pleaded guilty dur­ing an ear­lier ap­pear­ance to three charges — theft un­der $5,000 and two breaches of fail­ing to ap­pear in court.

He was charged with tak­ing the money on Jan. 26, 2018.

The court heard an At­lantic Av­enue res­i­dent on the west side of the city had be­come aware that money left in his mail­box for a West­ern Star pa­per car­rier had been go­ing miss­ing for some time.

The man had told po­lice he ob­served a car pull up and park in his drive­way af­ter 12:30 a.m. one night the pre­vi­ous week. A man got out of the ve­hi­cle and went to the mail­box and re­moved the bag containing the money. When the res­i­dent checked the mail­box, there was no pa­per in­side.

Sus­pect­ing the thief would re­turn, the man and a friend waited for him in a ve­hi­cle in the drive­way on the night of Jan. 25.

Shortly af­ter mid­night the same car pulled up and the same man went to the mail­box and took the bag with $6 in it and re­turned to his ve­hi­cle.

The res­i­dent and his friend con­fronted him and held him to the ground un­til po­lice ar­rived. The re­spond­ing of­fi­cer iden­ti­fied Turner as the thief.

In his state­ment to po­lice, Turner said he used to work for The West­ern Star de­liv­er­ing pa­pers and some cus­tomers still owed him money.

Turner was charged with theft and re­leased from cus­tody. There was no es­ti­mate given of the to­tal amount of money he had taken.

A few months later on July 24 he failed to ap­pear for a sched­uled ap­pear­ance in pro­vin­cial court and an en­dorsed war­rant was is­sued for his ar­rest. That war­rant was ex­e­cuted on Aug. 1.

In Jan­uary of this year he failed to make an­other sched­uled ap­pear­ance and an ar­rest war­rant was is­sued. It was ex­e­cuted on Feb. 18 and he was re­leased again.

Turner in­di­cated he missed the ap­pear­ance be­cause he was in St. John’s re­ceiv­ing med­i­cal treat­ment but he had not no­ti­fied the court he wouldn’t be present, nor had any­one ap­peared on his be­half.

The Crown sug­gested Turner be given a 30-day con­di­tional sen­tence on the theft charge fol­lowed by a 12-month pro­ba­tion­ary pe­riod and 12 months of pro­ba­tion on each of the fail­ure to ap­pear charges with the pro­ba­tion­ary pe­ri­ods to run con­cur­rent to one an­other.

Turner, who rep­re­sented him­self, did not of­fer any po­si­tion on sen­tenc­ing.

Af­ter tak­ing a few min­utes to con­sider a fit sen­tence Pike told Turner she had read his pre­sen­tence re­port.

“It looks like what needs to hap­pen is that you need to grow up,” she said to him.

Ac­cord­ing to the re­port, she said, it ap­peared Turner had a good up­bring­ing and his par­ents are still sup­port­ive of him. She men­tioned Turner had ADHD and there was some in­di­ca­tion of prior drug use.

When asked if he helped his par­ents out or paid rent, Turner said no.

“Now as a 31-year-old able-bod­ied man you should be feel­ing a lit­tle big ashamed of where you are, and I think you need to work on that,” she said in response.

She said he wasn’t work­ing, had no in­come and yet he couldn’t man­age to at­tend court.

“So, some­thing needs to change, right. You need to grow up. You need to be­come re­spon­si­ble.”

She said that would not hap­pen overnight and was hope­ful that pro­ba­tion con­di­tions with re­spect to coun­selling would get him on a path to be­com­ing a pro­duc­tive mem­ber of so­ci­ety, some­one he and his par­ents could be proud of.

Pike didn’t stray much from the pro­posed sen­tence only to credit him with time served for time spent in cus­tody on his ar­rests for fail­ing to at­tend court. That re­duced his sen­tence to 26 days of house ar­rest.

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