A Prince George man will have to serve additional time behind bars for resisting arrest after a B.C. Supreme Court Justice issued a stiffer sentence.
Justice Arne Silverman sentenced Everett Riley Patrick to 21 days in jail Thursday for a May 2011 incident in which Patrick was seen outside his home a few minutes after his 6 p.m. curfew, imposed as part of a term of house arrest for another offence.
When an RCMP officer told him he was under arrest, Patrick protested that he was late by only a couple of minutes and then took off running towards his house. When the officer grabbed his arm, Patrick responded with a shove before he was put in a headlock then handcuffed.
In March, provincial court judge Michael Brecknell sentenced Patrick to one day in jail and six months probation for the offence and Crown counsel appealed the verdict, arguing it was too lenient and should have been consecutive to the time he was already serving.
Silverman found Brecknell gave too much weight to Patrick's aboriginal heritage in reaching the verdict, noting recent case law has revised the emphasis that should be given. He also noted Partick has 101 convictions over 19 years, including three convictions for resisting or assaulting a peace officer and contended the terms should be higher for successive convictions.
However, Silverman also noted the incident was relatively minor, there was no evidence of drugs or alcohol at the time, and, according to defence counsel, he was returning home from work when he was apprehended.
As a result, Silverman found Crown's call for four months in jail too steep.
Silverman ordered that Patrick's current term of house arrest be put on hold while he serves the jail time, and then recommenced once the time in jail has been completed.
Riley was not present for the decision and a warrant was issued for his arrest. Riley is also scheduled to appear in court next week on charges of uttering threats, assault and breach of probation from alleged incidents in late June.
