(File photo/ paNOW Staff)

By Nigel Maxwell

Court Proceedings

“We don’t really know where’s he going to stay tonight,” P.A. judge raises concerns with thief’s release

Jan 30, 2020 | 5:00 PM

The correctional system has sometimes been referred to as a revolving door, but for a man from James Smith Cree Nation, who had been in custody over 120 days, the door was temporarily closed until the court could sort out where he was going to stay upon his release.

Austin Wade Daniels, 24, was initially sentenced Wednesday at Prince Albert Provincial Court for the crimes he committed back in Sept., 2019 related to mischief and stolen property.

According to the statement of facts read by Prosecutor Cynthia Alexander, on the morning of Sept. 27, 2019, police had been dispatched to the Muskoday Health Clinic. Once on scene, they discovered Daniels had made a mess of one of the bathrooms.

Police also noted Daniels was wearing a backpack, with a name on it that was not his, and inside that backpack was a smaller child’s back pack with a half-eaten lunch. Daniels later confessed to police he found the backpack lying on a path.

Alexander explained Daniels, who has 102 prior convictions, and has no fixed address had caused stress for people at the Muskoday First Nation, related to lurking around peoples’ windows and vehicles. Daniels’ addiction to meth was also identified in court, and given as the reason for his history of stealing as a means to “fund it.”

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For his crimes Daniels, who had been in custody since the day of the incident, received a 90 day sentence, which represented a joint-submission from the Crown and the Defence.

At the time of a bail report, it was identified Daniels wished to live with his sister in Prince Albert. Legal aid lawyer Terra Lennox Zepp later conceded to Judge H. Harradence, Daniels had not spoke to his sister since November, and back then she was living at the YWCA.

“We don’t even know if she has a home she can live in,” Harradence said.

When further attempts were made Wednesday by Zepp to contact the sister, she was informed the provided phone number was no longer in service. Harradence said he had “concerns” with the joint submission presented to him, and was uncomfortable with releasing Daniels “wishing him well.”

“We don’t really know where he’s going to stay tonight,” Harradence stated, citing Daniels had an extensive list of fails to comply on his record.

The case was soon after adjourned to Thursday for a decision. Harradence mentioned if a residence could not be sorted by then he was prepared to order a pre-sentece report which would ultimately delay Daniels’ release another four weeks.

At the start of Thursday’s hearing, Zepp informed Harradence she had received word a cot was available in the short term at Our House, and an application had also been filed for a more permanent situation with a bedroom.

In addition to his 90 day sentence Daniels was told he was on probation for 12 months. Harradence then spoke directly to Daniels and encouraged him to take the probation seriously.

“Probation is there to help, re-establish yourself in the community,” Harradence said. “You really have to work at it.”

During his state of the city address on Thursday, Prince Albert Mayor Greg Dionne touched on the issue of repeat offenders. He said the solution to the problem needs to come from the city’s partners.

‘We need to look at both at the provincial and federal government in this area because unless we deal with more justice issues fairly and equally, and our mental heath system, our challenges will continue to grow,” he said.

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nigel.maxwell@jpbg.ca

On Twitter: @nigelmaxwell