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A Fredericton man is headed back to prison for parole violation, and his sentence is being lengthened for new offences, including a successful and dangerous flight from police.

Devon Mark Hill Hood, 26, of Veterans Drive, appeared in Fredericton provincial court by telephone from the Saint John Regional Correctional Centre on Wednesday.

He faced June 15 charges of flight from police and dangerous driving, as well as a June 21 count of being unlawfully at large while serving a sentence.

Hood elected to be tried in provincial court on the indictable flight charge, and pleaded guilty to that count as well as to the charge of being unlawfully at large.

Crown prosecutor Rodney Jordan said city police were on the lookout for Hood after being advised a Canada-wide warrant had been issued for his arrest for violating the terms of his parole.

An officer spotted Hood just before midnight June 15 headed toward a GMC Sierra carrying what appeared to be a soft rifle case, the prosecutor said.

Police followed Hood at the wheel of the truck, court heard.

“A plan was set for members to attempt a traffic stop,” Jordan said, noting a spike strip was also at the ready.

Officers moved to make the traffic stop in the area of Brookside Drive, he said, and Hood stopped the truck for three seconds. But upon seeing officers at the tire-deflation device, the prosecutor said, Hood put the Sierra in reverse.

An officer managed to fling the spike strip toward the truck, he said, and succeeded in flattening the tires. Nevertheless, Jordan said, Hood managed to flee the scene.

“Eventually, they lost the vehicle,” the prosecutor said.

Fredericton police learned days later, June 21, that the RCMP had Hood in custody, court heard, having arrested him on the Canada-wide warrant.

Jordan said Correctional Service Canada officials had discovered Hood was using drugs again, amounting to a parole violation.

It was rescinded, Jordan said, meaning Hood was unlawfully at large from his prison sentence at the time of his interactions with police two months ago.

He said while there was little traffic in the area the night of June 15, Hood’s conduct was incredibly dangerous and it merited a sentence to reflect it.

The prosecutor asked the court to impose sentences of five months for the flight and one month for being unlawfully at large, to be consecutively to his prison sentence.

“He failed a drug test, and that’s what started this all in motion,” said defence lawyer Ron Morris.

Hood has been remanded at the Saint John jail since his arrest, the defence lawyer said, but he’ll be returned to a federal penitentiary soon to resume his prison term.

“He will be doing more time than six months,” Morris said, noting the defence agreed with the Crown’s recommended sentence.

“Hopefully, I’ll be out by next September,” Hood told the court. “Hopefully, I can just stay clean when I get out.”

His plan is to enrol in a course on auto-body repair and land a job in that field, he said.

Judge Anne Dugas-Horsman said even though it was quiet along the city street when Hood led police on a dangerous chase, he was still putting the officers in peril.

She also noted that he had a significant criminal history for such a young man.

Still, the judge said, she was compelled to accept the joint recommendation from the Crown and defence, given it was within the established range of sentences in the circumstances.

Jordan withdrew the dangerous-driving charge.

Don MacPherson can be contacted at [email protected].

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A Fredericton man accused of exposing his genitals earlier this year denied the allegation through counsel Wednesday.

Benedict Chibuzo Maduike, 40, of Patience Lane, was scheduled to make his first appearance in Fredericton provincial court Wednesday on a charge of committing an indecent act.

The Fredericton Police Force count alleges he exposed his genitals Feb. 27 with “intent to insult or offend any person.”

Maduike wasn’t present in court Wednesday, but defence lawyer Alexandra Youssef appeared as an agent for his legal counsel, Nathan Gorham.

She entered a not-guilty plea on the client’s behalf.

Youssef noted Gorham felt the trial would take a full day of court time. 

She was prepared to set the matter down for trial, as she had Gorham’s schedule, but she was aware the practice in Fredericton provincial court is to schedule case-management conferences for any trials expected to last longer than half a day and to scheduled trial dates then.

Judge Anne Dugas-Horsman, a visiting judge to the jurisdiction, said that practice was more likely to add delays rather than alleviate them, but since that’s the usual procedure in the Fredericton courts, she scheduled a case-management conference for Oct. 19.

Maduike’s trial date would be set at that time, she said.

Don MacPherson can be contacted at [email protected].

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A man accused of assaulting a woman in Fredericton twice and threatening her screamed and ranted during a court appearance Wednesday, insisting he be released so he can get surgery.

John Patrick Doyon, 39, of no fixed address, appeared in Fredericton provincial court by telephone from the city police station cellblock Wednesday morning.

He was charged with assaulting Carol Stymiest and threatening her June 20, and assaulting her again Aug. 9 and thereby breaching an undertaking to have no contact with her.

When the court called the station and requested to speak with the defendant, he could be heard screaming at the top of his lungs in the background.

Judge Anne Dugas-Horsman identified herself, noting it was the court calling, and asked if she was speaking with Doyon.

“Who is this? What’s your name?” he said.

The judge identified herself again and advised Doyon he’d been charged with four counts. She asked him if he wanted the charges read to him.

“No, I don’t, and I don’t want to talk about them,” the defendant answered.

“I never touched her. She hit me.”

Dugas-Horsman nevertheless read all four charges onto the record.

Doyon insisted on being released from custody, stating he was scheduled for surgery at 6 a.m. Thursday.

“It’s a whole hip replacement,” he said.

But prosecutor Rodney Jordan objected to Doyon’s release, and Dugas-Horsman told the defendant she had no choice but to hold him pending a bail hearing.

“That’s a surgical appointment that has to be made,” Doyon said.

The judge remanded him until his bail hearing, which she scheduled for Thursday afternoon.

Don MacPherson can be contacted at [email protected].

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New Brunswick's Department of Education is making more changes to a policy designed to protect LGBTQ students.

Education Minister Bill Hogan is expected to announce more changes to Policy 713, the gender-identify policy for New Brunswick schools, during a hastily called briefing with the news media at a school in Keswick Ridge, northwest of Fredericton. 

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Editor’s note: The defendant in this court report and the journalist covering the case share the same first and last names, but they aren’t related or connected in any way.

Two months after he was charged with counts alleging sex crimes involving minors, a Fredericton man has secured defence counsel.

Donald Ashley MacPherson, 64, of Canada Street, was charged in Fredericton provincial court in June with six counts alleging sexual offences against two underage complainants.

One set of three charges - sexual assault, sexual touching and sexual touching while in a position of trust or authority - purport crimes committed against one minor between Oct. 1 and Jan. 1 in Fredericton.

Another set of charges - again, sexual assault, sexual touching and sexual touching while in a position of trust or authority - allege events involving a second underage complainant between Jan. 1 and March 1, in Fredericton as well.

A court-ordered publication ban is in place protecting the identities of the two complainants.

The case was adjourned on previous occasions because MacPherson was endeavouring to secure defence counsel, and on Tuesday, Hampton defence lawyer Joshua Adams appeared with him.

Adams asked for the election of mode of trial and pleas to be postponed again.

“I was recently retained on behalf of Mr. MacPherson,” he said.

Adams said he’d just received the disclosure package from his client, and he expects the Crown prosecutors’ office might have additional documentation for him.

Judge Anne Dugas-Horsman set the case over to Sept. 15, but she noted MacPherson will be expected to elect mode of trial and enter pleas at that time.

The judge reminded Adams his client is subject to the conditions of an undertaking, which include requirements that MacPherson have no contact with the complainants and that he must stay away from their homes and schools.

Don MacPherson can be contacted at [email protected].

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The City of Fredericton has spent $18,776 on external legal advice during the investigation of a code of conduct complaint against a councillor. Like the others, it was ultimately deemed unfounded.

Front-line workers say many people experiencing addiction in Moncton have "given up" because of the lack of options for those who want to recover.

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The chief and band council of Sitansisk (St. Mary’s) First Nation have declared a state of emergency in the community in the wake of a dangerous situation Sunday that prompted a major police response.

The Fredericton Police Force confirmed earlier Monday that its officers and members of the RCMP, along with Fredericton Fire Department and Ambulance New Brunswick personnel, responded to Sitansisk at about 7:15 p.m. Sunday after receiving a report of “a disturbance.”

“Upon arrival, members observed a large crowd gathered in an area that required immediate containment,” a police spokesperson stated Monday.

Officers, including members of the police force’s tactical unit known as the emergency response team, managed the crowd of hundreds and arrested one male suspect on suspicion of an assault with a weapon.

On Monday evening, the First Nation’s Chief Allan Polchies and council issued a statement, indicating the situation Sunday night stemmed from drug activity in the community, and that something had to be done immediately about it.

"Our community is facing escalating risks due to illegal drug activity which endangers the safety and wellbeing of our citizens, particularly our youth,” the statement said.

“In response, we are declaring a state of emergency to access additional resources through provincial and federal programs.”

It said the next 48 hours in the initial stages of the state of emergency will be critical in curbing the drug trade in the Sitansisk First Nation, and it emphasized that all members of the community have roles to play.

“The battle against drugs is one which demands unity and a collective commitment to safety,” the statement said.

“The actions of each individual impact the overall safety and success of our community's efforts. We cannot afford to be complacent or indifferent in the face of this threat.”

Community members can help by staying inside in the coming days, keeping kids at home and avoiding gatherings, it said. It noted especially people should avoid grouping together to watch police activity in the community, which is expected to be stepped up during this time.

It also advised people who need a safe place to speak with others that the community’s Criticial Incident Street Management (CISM) team's services are available, as is the sacred fire and drum circle at the Mapiyahtimok.

"Our local law enforcement agencies will be assigning additional patrols throughout the community,” it said. 

“Any behaviour threatening the well-being of our community with be dealt with swiftly and decisively.

The community also advised through social media that more information will be forthcoming as a plan is finalized in collaboration with federal and provincial agencies to improve the situation.

The Fredericton Independent reached out to Polchies for a comment earlier Monday but didn’t receive a response.

The Fredericton Police Force said no serious injuries were reported as a result of Sunday’s events.

It noted the male who was arrested was released on conditions.

Don MacPherson can be contacted at [email protected].

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Karla Raye Grant, 56, of Canterbury, appeared for trial in provincial court on Aug. 16 to face fraud charges laid by Woodstock Police. However, the trial could not proceed due to the death of an elderly woman who was the complainant in the case and the crown’s key witness.

 Grant was charged with four counts of using a forged document in connection with incidents on Jan. 6, 2021, Feb. 19, 2021, May 2, 2021, and Aug. 6, 2021, in Woodstock. The charges alleged four cheques were involved totaling $20,000 in American Funds.  

 Crown Prosecutor Matthew Paik told the court the crown could not call evidence due to the death of the alleged victim and therefore the charges laid against the accused would have to be withdrawn. For any further action, the family of the complainant would have to proceed by civil litigation.

Arrested and released with conditions

Joseph Martin, 37, of Perth-Andover, turned himself into the sheriffs when he came to provincial court on Aug. 18. He was taken into custody after a warrant was issued for his arrest for failing to appear in court on Aug. 15. 

Associate Chief Judge Brian C. McLean released Martin with conditions. He returns to court for plea on Sept. 5 at 9:30 a.m.

Martin appeared in provincial court in custody on July 18 for a bail hearing and was released with conditions. He was charged by RCMP with assault with a weapon (a baseball bat) involving a female victim, uttering threats, and committing mischief causing property damage in connection with a July 18 incident at Perth-Andover. He was ordered to have no contact with the complainant and must report to the police weekly. Martin was also ordered to have no firearms in his possession.

Sentencing set for Neqotkuk man

Brandon Michael Francis, 27, of Neqotkuk (Tobique First Nation), will appear in provincial court in custody for sentencing on Oct. 19 at 1:30 p.m.

Francis pleaded guilty to three counts of breach of a release order and committing mischief in connection with incidents at Neqotkuk. On Aug. 17, his sentencing was adjourned to the new date following his trial on two other separate matters.

Francis was charged by RCMP with assault with a weapon (a metal bar) involving a male victim, following an incident on Oct. 27, 2022, at Neqotkuk. Associate Chief Judge Brian C. McLean reserved his decision after trial until Oct. 19.

The court heard testimony from the alleged victim who testified Francis came to his door, jumped on him, punched him, and left him lying on the floor. He was treated at hospital for a broken nose and bruises to his face. The man said he did not recall being hit with a metal bar. A police officer also testified no metal bar was found at the scene.

Crown Prosecutor Geoff Hutchin requested the court consider finding Francis guilty of the lesser included offence of common assault. Defence Counsel Timothy Dubé said his client should be acquitted due to lack of evidence.

Francis was found not guilty after trial on another charge of breach of a release order related to an incident on April 20 at Neqotkuk. Just prior to his arrest, Francis was released with conditions, including wearing an electronic monitoring device attached to his ankle. He appeared in court again in custody and was denied bail.

He was also charged by RCMP with assault while threatening to use a weapon, unlawful entry at a dwelling house, and pointing a firearm. He returns to court for trial on those matters on Nov. 16.

Woodstock receives conditional sentence

 Darcy Anderson, 38, of Woodstock First Nation, appeared in provincial court on Aug. 16 and was arrested for failing to appear on an assault charge. She was released with conditions and returns to court for plea on Sept. 12 at 9:30 a.m.

Anderson was also charged by RCMP with obstructing a police officer following an incident on Aug. 22, 2022, at Woodstock First Nation. She changed her plea guilty on Aug. 16 and received a 60-day conditional sentence and 12 months of probation.

Charged with assault

Tusha Mae Sawyer of Perth-Andover appeared in provincial court on Aug. 15 for plea on two charges laid by RCMP. The court heard she was also subject to a release order on Aug. 3.

Sawyer was charged with aggravated assault against another woman and breach of probation in connection with an incident on July 29 at Gladwyn. She returns to court for plea on Sept. 12 at 9:30 a.m.

Florenceville-Bristol woman awaits sentencing

Brandi Bowmaster of Florenceville-Bristol will appear for sentencing in provincial court on Nov. 14 at 1:30 p.m. after pleading guilty to theft.

Bowmaster was charged by RCMP with possession of stolen property (a debit card) and theft of money under $5,000 following an incident on Feb. 13 at Florenceville-Bristol. She entered her guilty plea on Aug. 15.

Returning to court for plea

Hailey Vandijk of Woodstock will appear in provincial court on Sept. 12 at 9:30 a.m. for plea on two charges laid by RCMP.

Vandijk was charged with break, enter and theft at a garage, and committing mischief causing property damage to two vehicles in connection with an incident on May 6 at Holmesville. She made her first court appearance on Aug. 15. 

Bail hearing pending

Jesse Adam Shaw, 32, of Woodstock, appeared in provincial court in custody on Aug. 17 when his bail hearing was adjourned. He returns to court on Aug. 31 at 1:30 p.m. for the bail hearing.

Shaw was remanded to jail on June 26. He was charged by Woodstock Police with breach of a release order by violating an order to have no contact with a female victim.

He appeared in provincial court in custody by video for a bail hearing on June 19 and was released with conditions, including wearing an electronic monitoring device attached to his ankle. He was scheduled to return to court for plea on July 11 but was brought back into custody. 

At his previous court appearance, he was charged by Woodstock Police with several offences, including assault, uttering threats, and committing mischief concerning a series of incidents between April 20 and May 8, between May 1 and May 8, and between June 11 and June 14 in Woodstock.

Centreville men still in custody after police chase

Connell Ross McLean, 27, and Issak Tedford Thomas, 27, of Centreville, remain in custody to await their bail hearings on charges related to a series of incidents, including a police chase and shots fired.

Thomas will return to court in custody for his bail hearing on Aug. 23 at 10:30 a.m., while McLean’s bail hearing has been rescheduled for Aug. 23 at 1:30 p.m.

They were each charged by RCMP with possession of a firearm while prohibited, discharge of a firearm (a rifle) with intent, breach of probation, improper storage of a firearm, possession of a firearm without a licence, being an occupant of a vehicle knowing it carried a firearm, obstructing police, and possession of stolen property.

McLean also faces additional charges of flight from police, driving while suspended, and assaulting a police officer.

The two men were arrested following a collision between an off-road vehicle and a police cruiser on Route 105 in Lower Brighton, south of Harland, on July 17. The arrests were related to a Monday morning incident in Speerville, south of Woodstock, which included shots fired at a Speerville resident.

The suspects fled Speerville leading to an hours-long police search and investigation in several communities, including Lakeville, between Centreville and Woodstock, and Lower Brighton.

In custody awaiting plea

Brandon Cecil Armour, 34, of no fixed address, appeared in provincial court in custody by video on Aug. 18 for a bail hearing. He waived his bail until later and was remanded for plea on Sept. 6 at 1:30 p.m. 

Woodstock Police also laid new charges against him, including breach of an undertaking and failing to attend court on July 11, as well as theft of a vehicle and resisting arrest on Aug. 14.

Armour appeared in court in custody on Aug. 15 after being arrested on a warrant He was also charged by Woodstock Police with prowling at night and resisting arrest in connection with an incident on March 24 in Woodstock.

He is also scheduled to appear for trial in provincial court on Nov. 16 at 9:30 a.m. after pleading not guilty to three other charges laid by RCMP. He entered his plea at a court appearance on Feb. 21.

Armour was charged with break and enter at a dwelling house, committing mischief causing property damage to a door, and assault on a female victim, stemming from an incident on June 8, 2022, in Hartland.

Lower Kintore man agrees to peace bond

John Bartlett, 53, of Lower Kintore, appeared for trial in provincial court on Aug. 18 but the matter did not proceed after he agreed to sign a 12-month peace bond.

Bartlett was charged by RCMP with uttering threats involving a female victim in relation to an incident on Aug. 25, 2021, near Perth-Andover. He pleaded not guilty to that offence.  As part of the peace bond, he must have no contact with the complainant. 

Back in custody to await bail hearing

Morgan Nicholas, 27, of Perth-Andover, appeared in provincial court in custody by video on Aug. 17 for a bail hearing. The hearing was adjourned until Aug. 28 at 11 a.m. at the request of his defence counsel.

Nicholas was charged by RCMP with breach of a release order, resisting arrest, uttering threats, assault, assault with a weapon, and assaulting a police officer. He was arrested on the New Brunswick Day weekend.

He also appeared in provincial court in April and pleaded not guilty to all charges laid by RCMP. Three trials were scheduled for early next year on Feb. 1, Feb. 5, and Feb. 9, 2024.

Nicholas pleaded not guilty to uttering threats on Oct. 18, 2022; assault and assaulting a female with a weapon on Nov. 25, 2022, breach of an undertaking and mischief causing damage to a police safety shield on Dec. 15, 2022; resisting arrest and assaulting a police officer on Jan. 6; breach of a no-contact order on March 5; breaching his curfew on March 16; uttering threats and assaulting a police officer on Jan. 7 in Woodstock; and committing mischief on Jan. 6. All but one of the alleged incidents occurred in Perth-Andover and Neqotkuk (Tobique First Nation).

Nicholas appeared in custody by video on March 7 and was released with conditions, including wearing an electronic monitoring device attached to his ankle.

Arrested for contempt of court

Jamie Donald Lessard, 35, of Stickney, appeared in provincial court on Aug. 18 to request a variation to release order regarding his curfew. When the crown refused to accept the variation, Lessard began cursing on his way out of the courtroom.

Associate Chief Judge Brian C. McLean ordered him arrested by sheriffs and jailed for contempt of court. Lessard returned to court an hour or so later and was released from custody. He explained to the judge he was currently living in a shed and was frustrated by his life circumstances.

Lessard returns to court on Aug. 22 at 9:30 a.m. for plea on five charges laid by RCMP. He appeared in provincial court on June 15 for a bail hearing and was released with conditions following his arrest. He was in tears when he first appeared in court in custody by video on June 5 and was sent to Restigouche hospital for a five-day mental health assessment. On June 12, he appeared in court in custody by video and was found fit to stand trial.

Lessard told the court he agreed with the medical report from the hospital. He was charged with two counts of uttering threats, refusing a breathalyzer, impaired driving, and committing mischief causing property damage in connection with incidents on June 2 in Stickney and in Glassville. The court also heard about an alleged smash-up of a police lockup related to Lessard’s arrest.

The post Fraud charges dropped after death of elderly complainant first appeared on River Valley Sun.

Sitansisk, also known as St. Mary’s First Nation, has called a state of local emergency effective immediately.

Zakkary Hyulett Reed, 31, will be back in court next month to get the date for a preliminary hearing on a charge of first-degree murder in the death of Alexander Bishop of 170 King Street East in Saint John.

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A Fredericton man who endangered the life of a tenant by setting a fire outside his bedroom door in March is headed to federal prison for his crimes.

Ryanne Joseph Pineda, 35, of McLeod Hill, appeared in person in custody Monday for his sentencing hearing in provincial court, clad in orange, jail-issued sweats as he sat in the courtroom prisoner’s dock.

He’s previously pleaded guilty to counts of arson and breach of a release order.

Crown prosecutor Brett Stanford told court Monday said emergency personnel were dispatched to Pineda’s home at 46 Sunset Blvd. the night of March 29 after receiving a report of a fire.

Upon arrival, he said, police and firefighters discovered there was someone in the home - Michael Sweeney, a tenant who was renting a room in the basement of Pineda’s home.

“Mr. Sweeney was trapped inside,” the prosecutor said.

The investigation revealed Sweeney had been asleep in his room that night but was awakened to the sound of wood being dropped on the floor just outside his bedroom door, court heard.

Pineda was piling wood in front of the door, Stanford said, and he lit it on fire.

The offender knew Sweeney was home because he’d been in the house using drugs and acting erratically and paranoid, he said.

Pineda was arrested that night, the prosecutor said, but after a bail hearing April 11, he was released on conditions and a $10,000 surety.

But on April 17, Stanford said, city police responded to 230 Main St., the location of East Coast Vape, a business owned by Pineda.

Staff at the store told police Pineda had shown up, locked them out and was taking items from the shelves, court heard. 

One of the conditions of Pineda’s release was for him to remain at his home save for limited exceptions, the prosecutor said, and when officers checked there for him, he wasn’t there.

They found him that same night at about 8 p.m. at the Days Inn, Stanford said, and he was arrested and has remained in custody since then.

Pineda agreed he committed those offences, but he denied that he locked his employees out of his store.

Stanford noted Pineda has a prior criminal record, but not for related offences.

He said the aggravating factors in the case - the decision to set a fire right outside an occupied bedroom, especially when the intended victim was asleep - merited a prison sentence.

The prosecutor asked the court to impose 31 months in prison for the arson, but an additional month for the breach, less credit time spent on remand.

Defence lawyer Emily Cochrane emphasized the mitigating factors in the case: Pineda’s expressions of remorse, the fact he accepts responsibility and his guilty pleas.

In his pre-sentence report interview, she noted, Pineda said, “I’m grateful no one got hurt.”

At the root of her client’s behaviour, Cochrane said, was his addiction issues. He was using crack cocaine repeatedly in the time leading up to his initial arrest, she said.

“He’s sober now and he knows he can’t be going down this path,” the defence counsel said, noting his plan is to pursue treatment for his drug issue upon his release

“There is rehabilitative potential here, your honour.”

However, Cochrane said, prison offers programs that will help Pineda in that goal, so the defence was recommending a prison sentence as well: two years plus a day on a go-forward basis - the minimum length of a federal-prison term.

Essentially, the defence lawyer asked the court to impose a 31-month sentence, which would end up as a two-year sentence after a remand credit is applied.

Pineda tried to read a prepared statement to the court, but became overwhelmed with emotion, so Cochrane read it for him.

“I’m an addict and I regret my actions,” he wrote. “My downward spiral is no one’s fault but my own.”

His issues flowed from the end of his marriage and separation from his young son, who remains in his mother’s care, the statement said.

“Your honour, I have learned my lesson.”

Pineda said his sobriety is now his top priority, as he doesn’t want to miss any more milestones in his young son’s life.

Judge Anne Dugas-Horsman said Pineda had normally been a contributing member of society, but his actions the night of March 29 “could have had fatal consequences.”

The Crown and defence didn’t present a joint recommendation on sentence, she said, but they were close. Ultimately, the judge imposed a total sentence of 32 months. After the remand credit, that makes Pineda’s remaining sentence 25 months.

Dugas-Horsman also imposed a 10-year prohibition against possessing firearms and other weapons.

Don MacPherson can be contacted at [email protected].

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Almost two years after a new bridge replaced a portion of the causeway linking Moncton and Riverview, it remains nameless. The province won't say why.

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A volatile situation involving a large crowd on Fredericton’s north side required officers from the city police force and the RCMP to contain the situation, the Fredericton police report.

“At approximately 1915 on Aug. 20, members of the Fredericton Police Force (FPF), along with NB RCMP, Fredericton Fire Department and EMS, responded to a report of a disturbance on Fredericton’s north side,” Fredericton police spokesperson Sonya Gilks wrote in an email to the Fredericton Independent on Monday.

“Upon arrival, members observed a large crowd gathered in an area that required immediate containment.”

She said “a co-ordinated response” involving the police force’s emergency response team, RCMP officers and members from the city police’s patrol division, managed the crowd while ensuring public safety.

Officers arrested on male suspect at the scene, Gilks said, but he was later released on conditions. It’s expected he’ll face a charge of assault with a weapon, she said.

Though online chatter - which indicated the incident occurred in the area of Bear Lane, on the grounds of the Sitansisk (St. Mary’s) First Nation - suggested numerous people at the scene were taken to hospital with injuries.

Gilks didn’t confirm if people were taken to hospital.

“There were no reports of serious injuries,” she wrote.

Gilks didn’t say what prompted the incident or the gathering of the crowd, but she noted the matter remains under investigation.

Don MacPherson can be contacted at [email protected].

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A Woodstock man was busted for drugged driving after he and his two passengers were found passed out in a car at a gas station in downtown Fredericton earlier this year.

Jonathan Edward Feeney, 51, of Mountain Road in Woodstock, previously pleaded not guilty to a count of driving while impaired by a drug and was back in Fredericton provincial court Monday to schedule a trial date.

However, he told Judge Anne Dugas-Horsman he wanted to admit to the offence instead - though he seemed to do so reluctantly.

“I’ll just change my plea to guilty,” he said. “I can’t afford a lawyer.”

Feeney declined to speak with duty counsel to get legal advice ahead of his change of plea. “I had a prescription for morphine. I forgot to tell them that,” he said Monday.

Dugas-Horsman told him she wasn’t looking for explanations and asked him again if he wanted to plead guilty.

“Yeah, whatever,” Feeney said.

“I don’t need a whatever,” the judge said.

Feeney reiterated his wish to plead guilty.

Crown prosecutor Rebecca Butler said Fredericton police officers responded to the Irving station on King Street on Feb. 23 after receiving a report of an impaired driver.

She said officers were met by two witnesses who directed them to a Toyota Corolla at the pumps.

Feeney was at the wheel, court heard, and there were two passengers in the back seat.

“All parties were unconscious,” the prosecutor said, noting that officers noticed drug paraphernalia throughout the vehicle, including a drug pipe.

The investigation revealed station staff and bystanders took note of the situation, she said, and someone had removed the keys from the ignition before police arrived.

When officers woke Feeney, Butler said, he was slurring his words and exhibiting other signs of intoxication.

He was given the drug-recognition examination demand, court heard, and it was determined he was impaired by a drug.

Feeney admitted to those facts as relayed by the Crown.

“I recollect all of it,” he said.

He reiterated his assertion that he had a prescription for morphine due to injuries sustained in an accident but acknowledged that doesn’t mean he should’ve been driving.

“I should’ve stayed home,” Feeney said. “This is my first impaired … I regret going on the road that day.”

Butler filed a prior criminal history with the court but agreed there were no previous convictions for impaired driving. She noted there were past entries for flight from police and dangerous driving.

Judge Anne Dugas-Horsman imposed the mandatory minimum fine of $1,000 plus a $300 victim-fine surcharge.

She also prohibited Feeney from driving for 15 months anywhere in Canada.

Don MacPherson can be contacted at [email protected].

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A Fredericton man facing a long list of charges - including counts alleging involvement in drug trafficking - denied those counts Monday.

Kyle MacKenzie Ingraham, 28, of Capitol Manor, appeared in Fredericton provincial court by telephone from custody Monday.

His defence counsel, Michael Mallory, said his client was electing to be tried in provincial court and pleading not guilty to all of the criminal charges against him.

Those charges include the following:

- possession of fentanyl, cocaine and methamphetamine for the purpose of trafficking; possession of a stolen Honda Civic; possession of less than $5,000 in cash believed to be the proceeds of crime; and careless storage of shotgun shells, all on April 12 in Fredericton;

- obstruction of a police officer engaged in his/her duty and probation violation March 5;

- possession of a firearm or imitation thereof for a purpose dangerous to the public peace, possession of a firearm (a pellet gun) while prohibited by a court order, and breaches of his release order and probation, all in Fredericton on May 2.

- and possession of meth and breach of a release order May 14 in Welsford.

Though he was initially detained on the March and April counts after his arrest for the latter counts, the Crown consented to his release on conditions.

He remained free on that release order despite the arrest for alleged offences May 2, but he was remanded after the events of May 14.

Crown prosecutor Rebecca Butler said significant court time will be required for the trials, given the number of charges and separate events giving rise to them, so she suggested scheduling a case-management conference for the parties to discuss particulars and settle on trial dates.

Judge Anne Dugas-Horsman scheduled that case-management conference for Sept. 14, at which time Ingraham’s trials will be set.

Don MacPherson can be contacted at [email protected].

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Moncton's Salvus Clinic, which serves the city's growing homeless population, has to vacate its downtown premises by Sept. 30. Although the board of directors and internal staff have been searching for a new location since February, they have yet to find a place to call home.

Eric Tremblay was cycling in the southern New Brunswick countryside last month when he was thrown into a driveway after a crash with a car and left seriously injured. Since then, he and his wife haven't been able to get answers from police.

In 40 pages of records turned over by the Department of Justice and Public Safety after an eight-month access-to-information battle, there’s no report assessing the business case for building a new Fredericton-region jail, including how much it might cost to operate, or any assessment of how much space the correctional system might need in the future.

Dominion Park in Saint John reopened on Saturday, about four years after its facilities were damaged by floods.

Saint John Police Force were called about a possible shooting victim in the 100 block of King Street East around 5:30 a.m.

A bat house is a structure usually made of wood that is built to attract bats so that during the day, while the bats are sleeping, they are safely away from predators, according to Karen Vanderwolf, a New Brunswick museum research associate.

Walking into Jim Allison’s workshop, you might wonder whether he’s a woodworker or a piano repair man. It turns out he's both — but he doesn't repair pianos so much as reinvent them.

While visiting Cyndi Nash’s artist-in-residence display at the New Brunswick Museum, Ann Paul found the vibrant, playful colours reminded her of finding her inner child.

Guy Gilchrist, who made the Muppets and Fraggle Rock with Jim Henson, came to the Freddy Beach Fan Fest to sketch for fans. He says he loves being part of their lives with his art.

Some cottage owners on Miramichi Lake say a group that's been using a pesticide to kill invasive smallmouth bass has not properly communicated their plans with them.

Chats Canada Cats, which hosts shows across Canada, made its New Brunswick debut this month in Riverview.

Fredericton residents may soon see some upgrades beginning on the trail system around the city.

Several members of the Peters family will be speaking at an event Saturday, hosted by the New Brunswick Black History Society, celebrating their contributions to history.

Unions representing thousands of New Brunswick nursing home workers are going to court to challenge a provincial law they say unfairly restricts their ability to strike.

Some district education councils in New Brunswick are moving to accept an alternative gender-identity school policy and say the best way forward is for the province to heed legal warnings.

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A Fredericton man remanded this summer after he was a no-show in court to answer to assault and sexual-assault charges has denied the allegations against him.

Robert Quondam, 51, of Union Street, appeared in Fredericton provincial court from custody Friday to elect mode of trial and enter pleas.

He opted for trial in provincial court and pleaded not guilty to indictable counts of sexual assault and assault causing bodily harm.

Both charges allege events in Fredericton on April 8 involving the same complainant.

Judge Cameron Gunn scheduled his trial for Jan. 2.

Quondam was originally scheduled to make his initial appearance on the charges May 5, and police filed an affidavit with the court indicating it was believed he was either evading service or had left the jurisdiction.

A warrant was issued for his arrest as a result, and he was located and arrested the following month. He was denied release from custody following a bail hearing, though the reasons for his detention are subject to a court-ordered publication ban until the case concludes.

Don MacPherson can be contacted at [email protected].

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A 70-year old man was pronounced dead at the scene after a single-vehicle crash Thursday night.

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A judge said Thursday systemic issues in the justice system and jails called for a community-based sentence for an Indigenous gay man involved in a violent home invasion this spring.

Gabriel Green, 33, of Hiawatha Court in Oromocto, appeared in Fredericton provincial court in custody and in person Thursday for a sentencing hearing.

He previously pleaded guilty to attempting to break into the Welomukotuk (Oromocto) First Nation home of Mitchell Vienneau-Polchies and assaulting him with a weapon - namely, a crowbar.

Crown prosecutor Gwynne Hearn said shortly after 6 p.m. on April 16, the RCMP were notified of a home invasion in progress on the Welomukotuk First Nation.

Vienneau-Polchies told police three individuals - two men and one woman - showed up at his home. One of the men was identified as Green, court heard, and he was armed with a crowbar, while the other man was brandishing a knife.

The prosecutor said Green was there apparently in an effort to collect on some kind of debt from the victim.

The incident was caught on security cameras at Vienneau-Polchies’ home, she said, and the two men were seen trying to force their way into the home.

The intruders never gained access to the home, Hearn said, but the victim was fearful. Vienneau-Polchies wasn’t harmed, she said, but the fact that Green was menacing him with a crowbar amounted to assault with a weapon.

The prosecutor said Green has a prior criminal record, but it doesn’t include any related convictions.

She also noted the offender presents with a positive pre-sentence report, which indicates this incident is out of character for him.

Hearn recommended a total jail term of 10 to 12 months, less credit for time spent on remand. She calculated the straight remand time at 124 days, which makes for a remand credit of 186 days, just over six months, after the customary 1.5-to-one credit formula is applied.

The prosecutor also recommended a one-year term of probation to follow the custodial sentence.

Defence lawyer Wanda Severns asked the court to allow Green to serve his jail time in the community under a conditional-sentence order.

She said he takes responsibility and has expressed the desire to straighten out his life.

“Clearly from the pre-sentence report, he’s embarrassed by his actions,” the defence lawyer said.

“He knows he can do better.”

A conditional sentence would allow Green to continue the positive steps he’s taken to address his substance-abuse issues, to care for his mother and to pursue potential avenues of employment, Severns said.

Hearn said the Crown didn’t oppose a conditional sentence in Green’s case.

Addiction issues are at the heart of what happened, Severns said, and it’s important for the court to consider that and the need to address them in crafting a fit sentence.

Court heard Green had been using cocaine and crystal meth regularly.

“It’s not an excuse, but it’s sad that it’s what led us to be there,” the defence lawyer said.

She also emphasized that time on remand, in atrocious and challenging conditions, were even more trying for her client as an Indigenous gay man.

Green apologized for his actions, and said he would follow through with any counselling or treatment included as a condition of a probation order.

Judge Natalie LeBlanc accepted the conditional-sentence recommendation.

She said courts have been directed to consider the overrepresentation of Indigenous offenders in jail and prison populations when sentencing such offenders, because that overrepresentation flows directly from historical and systemic racist elements in the justice system.

As such, the judge said, she felt the best way to address the various issues with which Green struggles is a sentence served in the community rather than in custody.

LeBlanc imposed a four-month conditional sentence, during which Green is to remain inside his Hiawatha Court home and on the property at all times except for medical emergencies, followup care, treatment and counselling programs, court, appointments with legal counsel and Thursdays from 1-4 p.m. to conduct personal affairs weekly.

Green is to have no contact with Vienneau-Polchies during that time, participate in counselling and treatment programs as directed by his sentence supervisor, and abstain from alcohol and other intoxicants.

That will be followed by 12 months of probation, during which the counselling and no-contact conditions will continue to apply.

The judge also ordered Green to submit a DNA sample for inclusion in a criminal database and to refrain from possessing firearms and other weapons for 10 years.

Hearn withdrew a related charge of attempted robbery at the conclusion of the sentencing hearing Thursday.

Also charged in the case is Jacob Gautreau, 25, of Canterbury Drive in Fredericton.

Similarly, he’s charged with breaking into Vienneau-Polchies’ home, attempting to rob him and assaulting him with a knife.

Gautreau, who was released from custody on conditions shortly after his arrest, previously denied those charges, and his trial is scheduled for May 15.

Despite the description of a female suspect’s participation in the events of April 16 during Green’s sentencing hearing, no woman has been charged as a result of the investigation.

Don MacPherson can be contacted at [email protected].

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The post Stay tuned – New stories coming soon! first appeared on River Valley Sun.

It survived the Great Fire of 1877 and weathered nearly 200 years of upheaval and change in the Port City. Now, Stone Church is in the midst of a major restoration.

Cannabis N.B. is ready for a new era. Besides loosening its grip on who can sell marijuana — five of nine private stores have opened this summer, a sixth is about to open and the Crown corporation is planning another round of requests for proposals to open even more stores next year — store shelves now burst with colour.

Shawn Rouse and his transgender son, Levi, consulted with New Brunswick’s child and youth advocate about the province's controversial gender identity policy in schools.

A controversial housing proposal to build more than 800 new apartment units has gotten the blessings of Fredericton city staff, but the city's planning advisory committee has recommended against it.

A body that has since been identified as that of Aldéric Thibodeau was found early Wednesday, according to New Brunswick RCMP.

The parents of a woman stabbed to death in Moncton last month are expressing frustration after being told the family couldn't wear shirts with the woman's image into a courtroom Thursday during an appearance for three people charged with murder.

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A Lincoln man accused of having sexual intercourse with his own son remains in custody after he asked to postpone his bail hearing Thursday for a couple of weeks.

The 28-year-old man was charged earlier this week with several offences alleged to involve his own child as a complainant.

While no mention was made of a publication ban in the case during Thursday’s court proceedings, the Fredericton Independent is opting not to name the defendant in anticipation of such a ban and in the interest of protecting the identity of the child.

The four charges - laid by the RCMP earlier this week - allege offences in Lincoln between July 26, 2019, and Aug. 13, 2023.

The first count alleges incest, that the defendant had intercourse with a child “knowing that [the child] was his son by blood relationship.”

The remaining three counts allege the man sexually assaulted the boy, touched him for a sexual purpose and invited the child to touch him for a sexual purpose.

The defendant - who appeared in Fredericton provincial court Thursday by telephone from jail - was scheduled to go through a bail hearing, but duty counsel Edward Derrah said he was seeking to adjourn the bail hearing to develop a release plan for the court’s consideration.

Derrah said he’d also advised the accused to apply to legal aid for defence counsel.

Judge Lucie Mathurin adjourned the bail hearing to Aug. 31 and remanded the defendant again until that time.

Don MacPherson can be contacted at [email protected].

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There's been an increase in reported shark sightings in Atlantic Canada recently. A shark researcher say it may be the result of protection laws, more seals for them to eat, and people being able to easily grab their cell phones and record what they're seeing.

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A Fredericton man will be sentenced in November after admitting Thursday he impersonated a disabled man in a scheme that saw him defraud the federal government of thousands.

Joshua Lee Best, 37, of George Street, was scheduled to stand trial Thursday in Fredericton provincial court on charges of personating Kelly Lee Moses fraudulently for monetary gain and defrauding the Canada Revenue Agency (CRA) of more than $5,000.

The charges arise from events in Fredericton between Dec. 3, 2020, and July 22, 2021.

Best, who represented himself in court Thursday, told Judge Scott Brittain the trial wasn’t proceeding, as he was changing his pleas to guilty on both counts.

Crown prosecutor Rodney Jordan asked for victim-impact statements from both Moses and the CRA. However, he noted Moses would require some assistance.

“Mr. Moses has an intellectual disability,” Jordan said, noting his caretaker, Jodi Millett, would help to facilitate the victim-impact statement.

Best also asked for a pre-sentence report.

Brittain ordered the preparation of that report and the victim-impact statements, and he scheduled Best’s sentencing hearing for Nov. 14.

Don MacPherson can be contacted at [email protected].

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At its core, Kelly Lamrock's report on Policy 713 is an offer to help rescue Premier Blaine Higgs from legal peril over Policy 713 — and another example of how Lamrock has sought to put himself at the centre of the political action for decades.

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Warning: This article features graphic descriptions of a sexual act involving a minor.

An underage girl definitely gave Noah Paul Lavergne a handjob in a grocery-store parking lot, a judge said Wednesday, but when it happened and who instigated it wasn’t so clear.

Fredericton provincial court Judge Scott Brittain acquitted Lavergne, 20, of Christine Street in Oromocto, on Wednesday of a charge of inviting a minor to touch him for a sexual purpose Nov. 23, 2020.

During Lavergne’s trial last month, court heard Lavergne and the complainant - a teenage girl whose identity is protected by a court-ordered publication ban - met through the Cadets Canada program at Base Gagetown in 2019.

While they weren’t friends, Lavergne and the girl started chatting through Snapchat, initially about the Cadets program, but later about other things.

At one point, Lavergne picked her up in a vehicle and they drove together to Sobeys in Oromocto.

As they sat in the car in the parking lot, testimony showed, the girl stroked Lavergne’s penis, giving him a handjob to the point that he achieved climax.

The defendant’s and complainant’s stories agree on that, Brittain said Wednesday, but they differ dramatically on how it came to pass.

Lavergne told the court he was going through a rough patch at the time, fighting with his girlfriend, having conflict with his parents and getting grief from his boss at work for lacking performance.

He ended up turning to the complainant as a sounding board, court heard.

The judge recounted the girl testified that as they chatted on Snapchat, Lavergne asked her for a handjob and said he was coming to pick her up. She said she refused, but ended up accompanying Lavergne anyway.

Her testimony indicated Lavergne renewed his request for the sexual contact, and she capitulated.

Lavergne testified he was overwhelmed with emotion and just needed a friendly ear on the date in question. He denied ever asking for a handjob, and said it was the girl who instigated on her own after he’d broken down crying and she consoled him.

The defendant told police in the summer of 2021 when he was arrested that he thought the girl was 15 years old at the time of the handjob, Brittain said, but he also told them he thought she was 15 years old when they first met in 2019.

Furthermore, court heard Lavergne knew the complainant was in the same grade as his younger sister in middle school at the time.

During the trial, Lavergne was confronted with a text message he’d sent to another participant in the Cadets program in 2021 in which he vehemently denied any sexual incident between him and the complainant, insisting he’d never do something that like with someone so young, even though he admitted at trial the handjob did happen.

“He explained he did so ‘because I was scared,’” Brittain said Wednesday. “He says he made a mistake.”

The judge said the defendant’s story on the witness stand was troublesome.

“There is no doubt that Mr. Lavergne’s testimony lacked credibility,” he said.

Conversely, Brittain said, he found the complainant to be straightforward in presenting her evidence and didn’t exaggerate the events.

However, he added, there were gaps in her recollection that diminished how reliable that evidence was.

The girl couldn’t remember what the weather was like on the day in question, the judge said, nor how busy the parking lot was, for example.

A question of age

An even more significant issue plaguing the case, Brittain said, was the matter of the girl’s age at the time of the alleged incident.

Initially, she testified she was 13 years old when the encounter with Lavergne occurred.

“I turned 14 a little bit after all this happened,” the complainant said during her testimony.

But later on in her evidence, the judge said, the girl pivoted and said he was 14 when it happened.

“She was specifically challenged with how that didn’t align with the date of the alleged offence,” Brittain said.

She became adamant she was 14 years old when it happened, the judge said, despite the fact she was definitely 13 years old Nov. 23, 2020.

“Both of these things cannot be true,” Brittain said.

That was important for a couple of reasons, he said. First of all, the Crown is obliged to prove several elements of an offence beyond a reasonable doubt, he said, and one of those elements when an offence occurred.

Secondly, the girl’s age at the time is pertinent when it comes to consent, the judge said.

The Criminal Code of Canada notes that anyone under the age of 16 can’t consent to sexual contact, even if a court hears he or she was a willing participant. Minors are deemed to be incapable of providing such consent.

However, Brittain noted there is an exception to that rule. The Code also notes that if a minor is within five years of age of the older party with whom he or she has sexual contact, consent is legally possible.

The judge said if the complainant was 13 years old when the handjob, that five-year exception isn’t in play, but if she was 14, it is a relevant factor.

Furthermore, he said, how the handjob occurred is a key element. The charge is invitation to sexual touching, Brittain said, which means the Crown must also prove beyond a reasonable doubt that Lavergne did or said something to prompt the complainant to act.

As the judge noted earlier in his decision, the complainant’s evidence was that Lavergne asked for the handjob, but his was that the girl chose to touch him spontaneously.

Ultimately, Brittain said, the timeline of events wasn’t established beyond a reasonable doubt, and he was unable to decide who initiated the sexual contact and if Lavergne arranged to meet the girl for the purpose of a handjob.

As such, the judge found Lavergne not guilty.

Don MacPherson can be contacted at [email protected].

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After decades of using the traditional Pap test to detect early signs of cervical cancer, New Brunswick plans to transition to using HPV tests instead and will eventually introduce self-sampling, the Department of Health has confirmed.

Faced with an overall decline in enrolment, eight New Brunswick post-secondary schools have joined in a one-website-serves-all resource for students thinking about studying in the province.

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A Keswick Ridge woman will be sentenced this fall after admitting Wednesday to committing a serious assault at the outset of the year. 

Cyndi Lofstrom, 21, of Tripp Settlement Road, appeared in Fredericton provincial court to face an indictable charge of aggravated assault on Jordan McIntyre, alleged to have occurred Jan. 7 in Keswick Ridge.

Defence lawyer Charlotte Cowley said her client was electing to be tried in provincial court and maintaining a not-guilty plea on that count, but she was offering a guilty plea to the lesser, included offence of assault causing bodily harm.

In general terms, an aggravated assault is one in which a victim is wounded, maimed or disfigured in some way, or in which the victim’s life is endangered. Bodily harm is some sort of lasting physical injury.

The defence asked for a pre-sentence report, and prosecutor Brett Standord requested the preparation of a victim-impact statement as well.

Judge Scott Brittain ordered both documents be prepared for the court’s consideration at sentencing, which he scheduled for Nov. 10.

Don MacPherson can be contacted at [email protected].

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