RCMP officers testify in pair's theft trial
Two Whitehorse men are on trial after being accused of several property crimes.
Two Whitehorse men are on trial after being accused of several property crimes.
A date was to be set later today for the trial of Christopher Cornell and John Silas to continue.
The proceeding began Thursday, with several Crown witnesses testifying in territorial court about the incidents that led to the two men's arrests last October.
Both are facing charges of break and enter, theft, theft/forgery of a credit card, and possession of stolen property. Silas also faces a charge of failure to comply with a probation order.
The court heard from RCMP officers involved in the Oct. 28 arrests, including Const. Eyvi Smith, Const. Marc Gabriel, Const. Jeff McGowan and Const. James Bell.
Court heard the two men were arrested outside 810 Wheeler St. downtown after the RCMP had received a report of a stolen white Dodge Dakota pickup truck.
Earlier in the day, McGowan told the court he had received a call from a woman who was upset about some items that had been dropped off at her house.
At that point, McGowan said, he was not aware of any recent break-ins.
The police were advised the suspects were headed downtown to a drug house in a white pickup. The police watch on duty was asked to patrol known drug areas.
McGowan noted it was later he realized there had recently been a complaint of a possibly stolen Dodge truck.
The truck was parked at 810 Wheeler St., with the watch then directed to set up a perimeter around the home. McGowan said he enlisted the aide of the drug unit to do this.
Attending the scene, McGowan said he saw the white pickup running out front with no one in it. Other officers backed up his testimony.
Bell reported that he, Jeff McGowan and Const. Jamie McGowan were allowed into the house by its occupant. He saw Cornell come out of a bedroom, and he was arrested in the kitchen by Jeff McGowan.
Jeff McGowan said he arrested Cornell for a warrant that was out on him as well as for allegedly stolen property, being the vehicle.
At that point, he said, he didn't tell Cornell of his right to a lawyer because if an officer feels he's in a volatile situation, he can simply give the reasons for arrest and have the rights read later.
McGowan noted that as soon as a suspect under arrest is in the cell block, he is told of his rights, such as the right to contact legal counsel.
Silas was placed under arrest after he was in the back of the police cruiser, Jeff McGowan reported.
Gabriel and Bell performed the initial search. Gabriel reported finding jewelry and Canadian Tire money on Cornell, while Bell told the court he found jewelry, tools and an old $10-bill.
A Visa Gold card signed to Richard Vanderkley and a $100-bill were also found after more extensive search after the two were lodged in cells.
McGowan brought in two paper bags that were sealed following the more thorough searches. They were opened in court.
Silas was found to have two Columbia boots, $48 in Canadian Tire money, $19.15 Cdn, a knife and an exacto knife.
Cornell's bag contained two Sorel boots and a gold-coloured necklace.
From the Dodge Dakota were four CDs and a set of baby cutlery. Following the arrests, the Dodge was towed to the RCMP's bay.
In the afternoon, following the morning's arrest, Jeff McGowan went to the home of the woman who had called in the morning about the items left at her house.
There a safe, jewelry, child's laundry hamper, two black bags one containing a hair dryer and the other containing a phone, two-way radios and some other items were turned over to police.
While McGowan had a box containing some of the items as evidence, he reported that other items had been turned back over to their original owners.
Rhonda Birston, a roommate of the woman who contacted police about the items at her home, told the court she had heard her roommate arguing with someone at around 4 a.m. in the kitchen asking them to leave the trailer. She later heard a vehicle screeching out of the driveway.
Because the situation seemed under control, Birston didn't get out of bed until she had to get up for work at around 6:30 a.m.
It was then she first saw a number of things near the kitchen leading into the living room that weren't there previously, including a silver box, black bags and other items.
Later in the afternoon, she returned home from work to find police outside the house, she said. When she went inside, the items that she had noticed in the morning were gone, she added.
Looking at photos that were submitted as evidence, Richard Vanderkley recognized some of the items as his family's.
He told the court that on Oct. 28, he discovered his house was broken into when he came home from work for lunch at around 1:30 p.m.
It appeared the back door had been kicked-in and there were marks of what looked like a pry tool, he said.
The house, mainly his and wife Juno's bedroom, appeared 'messed-up' when he began looking around. In the closet, the safe was missing as well as things from the night table in the bedroom. The safe had been locked.
Jewelry, coins, knives, money and his son's laundry hamper were among the list of missing items.
He said he contacted police immediately. He also called his wife.
Juno Vanderkley said when Richard contacted her at work, she started crying. She then left work to go home and find the many items missing.
The safe, she said, contained legal documents, passports, old bills kept as souvenirs, family keepsakes and some of her children's baby things.
She identified the baby cutlery and cup that was used as evidence as her son's, pointing to the engraving on the cup.
She noted while the family has many items back, there are still some things missing. Some jewelry has come back damaged, and though the family thought they had part of their two-way radio back, it turned out not to be theirs, she said.
The Vanderkley's neighbour, Elizabeth Triggs, also told the court that she had seen some people loading items into a white Dodge truck at around 9:50 a.m. last Oct. 28.
Though she hadn't seen the vehicle there before, she didn't do anything about it because there had already been some activity around the house earlier in the morning.
Another neighbour called later that day, telling her about the break-in at the Vanderkley's. It was then Triggs told the neighbour about what she saw.
The neighbour told police, who later took a statement from Triggs about the incident.
The court also heard about another break-in a couple of days prior to the arrest.
On Oct. 28, Larry and Chrystal Tupper each told the court their home had been broken into.
Larry Tupper said he had given his wallet to Chrystal to take home while he was staying at Whitehorse General Hospital. He said he had thought his wallet would be safer at home than at the hospital. However, when his house was broken into, everything in his wallet was taken, along with items from the house.
Chrystal said she was coming home from visiting her husband in the hospital when she noticed the lights were on in her house and the door was open. When she entered, she heard something start running, she said.
Crown counsel David McWhinnie asked her what the couple lost. She replied, 'Everything.'
Along with the items in her husband's wallet, she listed a TV, DVD player and stereo among the things that were taken.
The incident also meant replacing carpet in the home and having to rip out insulation due to water damage because the sinks were left plugged, with water running.
Under questioning from Cornell's defense counsel, Lynn MacDiarmid, Chrystal said she hadn't looked at the cards in Larry's wallet, but knew he kept the Canadian Tire card in it.
MacDiarmid asked if it was possible that Larry, who admitted to doing cocaine on occasion with Cornell, had permitted Cornell to use the card. Larry replied, 'Not a chance.'
He also told MacDiarmid he never owed money to Cornell.
A date for the trial to continue was to be decided in court this afternoon.
Be the first to comment