A provincial court judge who found a former Prince George fire fighter guilty of possession of stolen property over $5,000 earlier this year has granted him an absolute discharge for the crime.
In reaching his decision, provincial court judge Reginald Harris concluded, in part, that it's highly unlikely Benjamin Taffy Williams, 39, will ever appear in court again.
Williams was arrested on the morning of May 1, 2013 after police called him to say they had received a tip that stolen items might be on his property and arranged to drop by in the early afternoon to take a look.
When Williams got off the phone, he quickly hooked the boat and trailer to his truck and left his 6600-block Bench Drive property. Police, who had been keeping an eye on his property, arrested him a short time later. Williams had contended he made the move out of panic and stress but Harris disagreed and found Williams fled with the boat and trailer because he knew they were stolen.
An absolute discharge means Williams will not carry a criminal record for the offence.
Williams' lawyer, Peter Wilson, had been seeking six months probation with a conditional discharge - where Williams would also end up without a criminal record once the term had finished - but Harris concluded probation was not necessary.
In arguing for a discharge, Wilson said his client has had a "considerable fall from grace," and has "experienced considerable shame for his actions."
Williams had been a member of Prince George Fire Rescue since 2003. Five days after he was found guilty, he was let go from PGFR.
"He was terminated because of the guilty verdict, because he was found by the court 'not to have been truthful,' and because of the negative publicity his trial caused, which in view of the city called into question the trustworthiness of Prince George firefighters," Wilson said.
Williams is now working for a home renovation business in Calgary to support his family and since the guilty verdict has been back in Prince George just four times, the court was told.
Wilson said his client would like to get back into firefighting and is currently going through a grievance process.
With a criminal record, Williams would not be able to return to the profession, the court was told.
Moreover, Wilson noted, Williams, who is the son of famed NHLer Dave (Tiger) Williams, and whose own career in the game went as high as minor pro, would not be able to coach his two sons if he has a criminal record.
Wilson noted Williams' involvement in charitable work and asked Harris to consider evidence at trial speaking to Williams' good character.
Harris replied that he accepts that Williams is indeed of good character and that his actions on the day in question were "completely uncharacteristic."
Williams had bought the items from then fellow firefighter Jeremy Kostyshyn, for $9,500.
Jet boats of that brand and model went for $30,000 to $40,000 new, and when it was returned to its owner in Fort St. John, he sold it for $18,000 despite its poor condition, the court had heard.
In September, Kostyshyn was found not guilty of several charges after it was found the Crown did not prove beyond reasonable doubt he knew the items he was selling to fellow firefighters were stolen.
Like Williams, Kostyshyn was let go from PGFR and is going through a grievance process.
That Kostyshyn was found not guilty was not mentioned during Williams' sentencing hearing.
Like they have been through most of the trial, Williams's parents were in the courtroom on Thursday.
