Whitehorse Daily Star

Man uttered death threats against officers

A man who threatened Whitehorse RCMP officers more than a year ago was sentenced in territorial court Tuesday to an 18-month probation term and time served.

By Whitehorse Star on March 27, 2007

A man who threatened Whitehorse RCMP officers more than a year ago was sentenced in territorial court Tuesday to an 18-month probation term and time served.

Tommy Gainz, 26, was sentenced by Judge John Faulkner for two counts of uttering threats against RCMP officers and one count of committing mischief.

While one of the threat charges goes back to Oct. 30, 2005, the other two convictions stem from Dec. 11, 2005.

Court documents state Gainz uttered threats to cause death or bodily harm to Whitehorse RCMP Const. Wayne Gork and auxiliary Const. Leah Greenway during the October '05 incident.

Last week, after finding Gainz guilty of that count and another charge of refusing to provide a breath sample when he was pulled over by police, Faulkner noted there were threats uttered repeatedly on the same evening.

It was noted in a transcript from last week's case that Gainz told the officers: 'I'll snap your neck like a f-ing twig' and 'I want to kill somebody tonight.'

On the refusing to provide a breath sample conviction, Gainz was fined $800 with a $120 surcharge he must pay in three months. He is also prohibited from driving for a year, though he can apply for the Interlock program after three months.

While Gainz was sentenced for the refusal offence last week, he was sentenced for the uttering threats charge from the same date on Tuesday along with the offences of Dec. 11, 2005.

It's noted in the Dec. 11 charges Gainz damaged one of the cells at the Whitehorse RCMP detachment and uttered threats of death or bodily harm to RCMP Constables Eyvi Smith and Gork.

At a credit of two to one for his pre-sentence custody, resulting in a time of four months, Gainz was given time served to be followed by the probation order.

Among the conditions of the order, Gainz must:

keep the peace and be of good behaviour;

report to a probation officer;

notify his probation officer in advance of any change in name or address, and promptly notify the probation officer of any change in employment or occupation;

reside as directed;

abstain from alcohol and controlled drugs, with the exception of prescriptions from a medical professional;

not attend any place where alcohol is sold except restaurants that may be licensed;

have no contact with six RCMP constables listed;

do 40 hours of community service within six months;

take reasonable steps to maintain himself in such a condition that mental illness isn't likely to cause him to conduct himself in a manner that's harmful to him or anyone else;

attend any treatment program or assessment as directed, though he's not required to submit to any treatment without consent;

if he refuses or neglects to go to a health professional recommended by his probation officer or doesn't remain in the care of a health professional, he must report that to his probation officer for monitoring purposes of potential breaches of the order;

if he doesn't consent to treatment, Gainz must report that to his probation officer for monitoring;

consent to have his treating doctor and other medical professionals provide information to his probation officer;

provide his health professionals with the probation order and the name and contact information of his probation officer;

instruct his health care workers that if he fails to take prescribed medication or fails to keep appointments then they are to let his probation officer know; and

abide by a five-year firearm prohibition order.

The probation orders come after a psychological assessment was done.

Further charges from the incidents were stayed and dismissed.

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