9 days in jail for refusing to unclench hands

By David Thielen

Failing to open his hands when asked to by a police officer, netted Jason George Cattleman, nine days in jail, and a prohibition from being in any school ground, playground, or public park in Ponoka while drunk.

At about 3:50 p.m on Thursday, July 30 RCMP were called to Centennial Park where they found two drunk males trying to pick fights with others in the park.

When the police asked for identification, Cattleman said “What are you going to do? Shoot me?” he then turned and jogged away from the officers. When the officer caught up with him, Cattleman had his fists clenched and refused to open them when asked. Because of Cattleman’s previous record, the officer was concerned for his own safety and used pepper spray to subdue Cattleman. Cattleman was then transported to cells.

The crown asked for a sentence for a sentence of between seven and 15 days, plus a peace bond prohibiting Cattleman from being in any school ground, playground, or public park in Ponoka for one year.

The defence suggested that part of the penalty for not unclenching his hands was the pepper spray. In addition he said that Cattleman had made arrangements to go to Poundmakers Lodge Treatment Centre, an Aboriginal addiction treatment centre near Edmonton. Part of the requirements for entry into the treatment program is staying sober for one week prior to entry.

In sentencing, the judge said to Cattleman “if you would have just listened to the officer and opened your hands, it is likely you would not be in custody.”

In handing down nine days in jail, and the 12 month peace bond, the judge said he hoped it would help to keep Catttleman sober so can get into Poundmaker.

 

It took eight years but RCMP always get their man

On January 26, 2007 at 10:15 a.m. RCMP were called to a single vehicle collision on Highway 53 west of Ponoka. When officers arrived on scene they found a semi truck had run into a power pole, and that the driver was still in the cab with live electrical lines on the ground.

Officers instructed the driver to stay in the cab until the power could be turned off.

Once the power was turned off, officers detected the strong smell of alcohol, and found a part full bottle of vodka behind the passenger seat. They then gave a breath demand, and two police officers were required to help the driver to the police car.

At the police station Breathalyzer readings of .320 and .350 were obtained and the driver charged with driving while over .08 and given a date to appear.

Now over eight years later, the driver, Michael Norman Lund, pleaded guilty to the driving over .08 charge and a number fail to appear charges.

In speaking to sentence the defense stated that Lund except for one 24 hour binge, Lund had been sober since 2010.

The judge said “I have to take into account the very high readings, the collision, the fail to appears, and in my view the type of vehicle you were driving.”

“It’s to your credit that you have taken steps to deal with your drinking, but that is mitigated by your failing to appear.”

On the .08 the fine was $3,000 or in default 37 days in jail. On the multiple fail to appears, Lund was sentenced to 10 days in jail on each count to run concurrently. He then received credit for nine days of pre-trial custody, leaving one day jail which was satisfied by his appearance in court. In addition Lund is prohibited from driving for one year, and two years probation.

 

 

Uttering threats via Facebook nets jail time

Joshua Martin Howse received a total of 45 days in jail for texting threatening messages to his ex, stealing a friends car, and breaching conditions of his release. In addition he received 18 months probation, prohibited from owing or possessing firearms for a period of five years and must provide a DNA sample.