William Henderson was escorted to Court of King's Bench by two Deputy Sheriffs. (Nigel Maxwell/ paNOW Staff)

By Nigel Maxwell

Court proceedings

‘We don’t want to set him up for failure’: lengthy standoff results in 30 months jail and two years probation

Jun 14, 2024 | 5:00 PM

A man who was at the centre of a seven hour standoff with police at Montreal Lake Cree Nation, and responsible for smashing a drone to the ground with a machete, has received a 30-month sentence.

With credit for time in remand custody, William Henderson was released on Friday and begins a two year probation order.

Friday’s sentencing hearing at Court of King’s Bench in Prince Albert, follows a separate hearing held last April, when guilty pleas were entered to mischief and possession of a machete and possession of bear spray. And with respect to the actual trial that was held last March, he was found guilty of resisting arrest.

A number of other charges were dropped, including two counts of assault on a police officer and a threat to use bear spray.

The case itself dates back to August, 2022, when following the initial response from local RCMP, and the sound of what was believed to be a gunshot from inside the home, a separate emergency response team was called in, consisting of members from both Prince Albert and Regina.

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Following attempts to talk to Henderson out by phone, and the deployment of both rubber bullets and a drone, several gas cannisters were also sent in.

The house where the standoff occurred. (Submitted photo)

Henderson proceeded to jump out a bedroom window and after landing on his feet, faced officers holding a machete in one hand and a can of bear spray in the other.

He then turned and ran towards the front of the house, and fearing for the safety of their colleagues as well as Henderson, the officers positioned at the back of the house tased Henderson.

While Hendersom was laying face down on the ground with his arms outstretched, multiple officers moved in and pried the edged weapon from his fingers.

Upon regaining the ability to move, Henderson continued to struggle, and during the trial, one officer testified Henderson had at one point reached for the officer’s carbine, even getting his finger on the trigger. Claiming he feared for his life, the officer regained control of the gun, and then struck Henderson in the head with the muzzle. While Henderson was disoriented, the officers placed the handcuff on.

Henderson has been in custody since the incident and as part of their joint submission, Crown and Defence agreed time served was appropriate. The lawyers were however in disagreement over the appropriate period of probation.

Acknowledging a pre-sentence report that was fairly positive, but also noting Henderson’s criminal record that included 14 convictions for violence and eight for breach of probation, Crown Prosecutor Doug Howell explained 24 months could help ensure Henderson stayed on a good path and had access to all the resources he required such as a psychiatrist. Howell also noted Henderson still had multiple unresolved issues.

“We don’t want to set him up for failure,” he said.

Defence lawyer Patrick McDougall was in turn seeking 12 months probation and noted it was Henderson himself who has suggested the terms, including a curfew for the first six months, living away from Montreal Lake with family supports and attending counseling.

“I’ve never seen him as stable as he is now,” McDougall said. “He’s got all the guardrails needed to make him successful.”

Further noting Henderson’s succes while in custody, such as completing programming, staying sober and taking his medications, McDougall explained there comes a point where someone just needs to be allowed to look after themselves and be away from the state.

“Twenty four months is excessive,” he argued.

Justice G. Meschishnick ultimately agreed with the Crown’s submission and looked straight at Henderson when he explained why.

“I am sincerely trying to set you up for success, not failure,” he said.

Also in the courtroom were a number of Henderson’s family members, who he hugged after the hearing. Justice Meschishnick also thanked them for being there to support Henderson.

nigel.maxwell@pattisonmedia.com

On X: @nigelmaxwell