A Glendon-area youth was sentenced to youth probation for his involvement in the theft of a motor vehicle and uttering threats.
A 16-year-old male, who can't be named under the Youth Criminal Justice Act, appeared in Bonnyville court via CCTV on Tuesday, Dec. 4.
He plead guilty to theft of a motor vehicle, uttering threats, failing to comply with an undertaking, failing to comply with conditions, and failing to appear in court.
The charges stem from a Cold Lake incident on April 21, when RCMP received a complaint from someone who had been "hanging out" with the accused and a second male, explained Crown prosecutor Jordan Kerr.
They were at a friend's residence in Cold Lake when the youth and another individual asked to borrow the friend's vehicle. When they returned, the victim asked for their keys back, and they refused.
According to Kerr, the caller was able to jump into the backseat of the vehicle as the youth, who was sitting in the passenger seat, and the co-accused, who was driving, took off.
Once the two suspects started threatening to shoot and kill him, he jumped from the back of the moving vehicle.
"The threats were of a very serious nature," Kerr said during sentencing.
The victim ran to someone walking their dog, when the vehicle turned around and drove back in his direction. As they passed, one of the males made a shooting gesture.
Police began patrolling the area and located the vehicle on Hwy. 892.
A pursuit was initiated when the suspects failed to pull over for police, so a spike belt was deployed.
The vehicle came to a stop and responding RCMP asked the youth to get out of the passenger seat. He refused and was forcibly removed.
At the time of the incident, the young offender was on an undertaking not to contact the male who was driving the vehicle.
With no prior record, Kerr described the youth's first offence as involving "significant" criminal activity.
The accused was released on a recognizance and was required by his conditions to be living with his father. Sometime in August, the youth's father met with the bail supervisor in charge of his son's case, and informed them that his son hadn't been living at his approved residence since July 21.
A trial had been set in relation to the April 21 charges for Nov. 13. The accused failed to show up for court.
The joint-submission was for an 18-month youth probation order with conditions including a curfew.
Kerr referred to the seriousness of the crimes, the threats, refusing to get out of the vehicle for police, and failing to show up for court as aggravating factors.
According to the accused's counsel, Hart Spencer, the youth's time at the Edmonton Youth Offender Centre has been "difficult."
"He has a new fond desire to do what he can to avoid being put back in this situation again," he detailed. "This has been quite an eye-opener."
With his family sitting in the courtroom, the youth's father stood up and told Honourable Judge Kathleen Williams "he has a lot of support."
He added, "I don't think he liked it in there... I think this is what he needed to open his eyes."
Williams agreed with the joint-submission of an 18-month youth probation order with the conditions that he keep the peace, be of good behaviour, report to probation, obey a 10 p.m. to 6 a.m. curfew, reside at an approved residence, remain in the province of Alberta, have no contact with the other accused or the victim, attend school or part-time work, and attend counselling, among others.
A victim impact statement, which was believed by both counsels and Williams to be written by the mother of the victim, will be reviewed by probation with the accused.
In the letter, the author said her son suffers from Post-Traumatic Stress Disorder, has to attend physiotherapy in relation to injuries sustained from the incident, is unable to work, and is on medication for pain and anxiety.
"This event expresses the worst in human behaviour," the letter stated.
"I think it's clear from the (victim impact) statement that it's had an impact on the family," expressed Kerr.
Because the offender is a youth, if he is successful in completing his probation without breaching the order or re-offending, he will not hold a criminal record.
"This is your one and only chance as a youth," Williams said, noting that by the time the probation order is complete, he will be 18-years-old.
Under the Youth Criminal Justice Act, the sentence must reflect the crime committed, taking into consideration if there is a prior criminal record, and the rehabilitation of the accused.
