Bogus 911 calls 'serious offences', judge tells man
A 25-year-old man will be spending another two months in jail and serving 12 months' probation after he pleaded guilty in territorial court Friday to falsely reporting a fire, and public mischief.
A 25-year-old man will be spending another two months in jail and serving 12 months' probation after he pleaded guilty in territorial court Friday to falsely reporting a fire, and public mischief.
Arthur Kendi, a member of the Vuntut Gwitchin First Nation, received a 90-day jail sentence which was effectively reduced to 60 days due to time already spent in custody.
Kendi was charged in relation to three separate incidents that occurred last October.
Last Oct. 2, Kendi telephoned 911 to report a domestic disturbance at a residence in Whitehorse. He provided a false name to the 911 operator, said Crown prosecutor Jennifer Grandy.
On attending the scene, RCMP officers found a woman and her sister watching television, with no signs of any disturbance. No further action was taken, court heard.
A similar incident occurred last Oct.4, when Kendi placed a second 911 call, reporting a domestic assault under a false name.
Police went to the same residence as before and found the same woman present, without any signs of intoxication or disturbance, said Grandy.
The final incident occured last Oct. 8, when Kendi reported an oven fire to a 911 operator, again under a false name.
Fire trucks responded to the residence in question, but discovered nothing amiss at the location. There was no fire, said Grandy.
The female victim of the prank calls was a former partner of Kendi's. Their relationship had recently ended, said Grandy.
"Deterrence and denunciation has to be addressed here," said Grandy.
"Members of the community need to understand this boy-cry-wolf type of offence has serious consequences."
Grandy pointed out that Whitehorse's emergency services are "overstretched as they are" and that prank 911 calls could result in a delayed response to a serious emergency.
Grandy added that the female victim of the prank calls was "certainly inconvenienced."
The female positively identified the recorded voice making the calls as Kendi's, said Grandy.
Had she not been able to do so, the false names Kendi provided could have led to the arrest of an innocent person, said Grandy, as one of the false names he provided belongs to a real person.
Grandy said the offence was aggravated by the multiple occurrences, and by Kendi's "very lengthy" criminal record, which includes 29 prior convictions.
Grandy submitted that three to four months' incarceration would be appropriate in the case, followed by 12 months' probation.
Defence counsel David Christie said his client has been diagnosed with fetal alcohol spectrum disorder (FASD) and attention deficit hyperactivity disorder (ADHD) and is also a severe alcoholic.
"He admits he was drinking during these incidents," Christie said.
He submitted that two to three months' incarceration, followed by 12 months' probation, would be appropriate.
Christie said the period leading up these incidents was in fact the longest stretch of time his client has spent during his adult years without incurring any criminal charges.
"Being out of Old Crow has helped," said Christie, who noted there are "serious problems" in Old Crow even though it is officially a dry community.
Christie said his client is open to programming and treatment for his drinking problems, although he admitted it won't be easy.
"It's going to be hard. But at least he's willing."
Christie argued against including an abstension clause forbidding alcohol or controlled substances in his client's probation order, explaining that he didn't think it would be realistic for his client to adhere to such conditions.
"It's just not going to happen," said Christie.
But Judge Michael Cozens imposed an abstension clause anyway.
Grandy argued that including an abstension clause in the probation order would allow police to intervene as soon as any problems arise.
Cozens told Kendi that "these are not nuisance offences. These are very serious offences with very serious potential consequences."
Cozens noted that while most of Kendi's 29 prior conviction are for process breaches, several of them involve violent offences.
"He has significant problems with fighting," said Cozens.
Reading from a report filed by a trained FASD support worker, Cozens noted that Kendi "does not understand verbal jousting and banter" and interprets such interactions as confrontational.
Kendi said he would like to apologize for "these charges to the community.
"It won't happen again. I did it while I was drinking."
Kendi described himself as a quite, mellow, sociable guy when sober.
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