A man found guilty of breaching his release conditions following a high-risk arrest in Yellowknife will serve time in jail. Thirty-three-year-old Fabian Kelly of Fort Good Hope was convicted in NWT territorial court Wednesday after previously pleading guilty to a slew of offences – the bulk of which occurred in his home community.
In early June, Kelly's surety contacted Yellowknife RCMP, informing officers she no longer wished to have the defendant living in her home. The surety contacted police again that night, telling Mounties Kelly was outside of her residence, kicking the door. Kelly left the scene before police arrived, but later returned. This time, his surety told RCMP he had barged into her home with a small steak knife. He didn't threaten the homeowner and left with a bag of clothes. When he returned again, police conducted a high-risk take down in an apartment stairwell. A knife was found near the man, but he wasn't charged with any weapons-related offences. Instead, he earned a failure to comply charge for breaking his curfew during the incident.
The curfew condition stemmed from a series of previous arrests outside of Yellowknife.
Kelly was charged with uttering threats in January after he told Mounties in Fort Good Hope to, "watch their family," after being taken into custody.
Two months later, Kelly was pulled over and charged after driving drunk through a school zone in the community.
For uttering threats to "peace officers doing their jobs," and for his other convictions, including another breach in May, he received a total sentence of 180 days in jail. With credit for time served – he's been in custody since June – Kelly has 79.5 days left to serve. Kelly, who expressed remorse for his actions, will be on probation for 18 months following his release.
Man charged in stabbing makes appearance
An Inuvik man accused of leaving another man with gashes to his head following a stabbing at a busy downtown intersection made a brief court appearance Thursday.
Kurtis Thrasher, 34, is charged with aggravated assault and failing to comply with an undertaking.
Thrasher was arrested after a man was slashed with a knife Friday night – just after 8 p.m. – at the intersection of 49 Street and Franklin Avenue.
The victim, a man in his 30s, was rushed to hospital following the incident.
The man sustained a deep wound to his head and a laceration above his eye, according to police.
He was medevaced to Edmonton for medical treatment, a source told Yellowknifer.
Thrasher, who was also treated for a cut to his hand, appeared in a Yellowknife courtroom Thursday with his hand still wrapped in a bandage.
During his brief appearance – his third this week since his arrest on Friday – a no contact order was extended, barring Thrasher from communicating with two individuals.
Thrasher will be back in court on Aug. 8 for a show cause hearing.
Trial gets new judge after conflict issue
The trial of a Yellowknife man charged with assault proceeded in territorial court Thursday – without the judge who was originally set to oversee the trial.
In a seldomly seen move, Judge Christine Gagnon removed herself from the trial of the 44-year-old man, who isn't being named by Yellowknifer as it would identify the victim, on Wednesday, citing a potential conflict.
The man's lawyer requested the judge-alone trial be adjourned to Thursday as defence didn't have the means to play an audio recording of the alleged victim's statement to police. Crown prosecutors opposed the adjournment. With a "vulnerable victim," prosecutors worried the push back would compromise their case.
But Gagnon didn't address the request, instead, she notified the Crown and defence of an issue of perceived conflict.
Gagnon said she'd encountered the accused numerous times in the courts. Given what she knew about the defendant, Gagnon said he wasn't comfortable overseeing the trial.
The man's lawyer told Gagnon she had no issues with the perceived conflict.
"I think I do have a problem," said Gagnon.
In rare instances when judges feel they may be too close to the accused in some way, whether through the information they know about them or even if they know one another outside of the criminal justice system, judges may remove themselves from trials to safeguard
against bias or perceived bias.
As a result, Gagnon stepped aside and Judge Michel Bourassa assumed her role in presiding over the trial.
On Thursday, the man's former common-law partner testified the accused had struck and pushed her in May after a night of drinking at his apartment.
Repeat drunk driver handed jail sentence
A drunk driver who failed a breath test one day after having his licence suspended for 24-hours won't be back behind the wheel for two years.
The 29-year-old Yellowknife man, who isn't being named by Yellowknifer, was pulled over in February by MED in a downtown bank parking lot.
The MED officer noticed he suspended the man's licence only the night before. The driver admitted to drinking that day before blowing over the legal limit.
He was charged – and convicted Wednesday – of impaired driving, the second drunk driving entry on his otherwise clean criminal record.
With two convictions, he faced a mandatory minimum sentence of 30 days in jail followed by two years probation.
Judge Christine Gagnon handed him that sentence, but will allow the man to serve his time on weekends.