A man convicted of two break and enters earlier this year had community work service, and some harsh words from the judge, tacked on to his jail sentence after charges were brought forward by Crown.
Sheldon Edward Evans, 30, was convicted in May for break-ins at the Barley Mill Brew Pub and the Penticton and District Society for Community Living in April. His defence counsel Robert Maxwell said the charges of mischief related to events in January would have been included in his prior sentencing, but were only recently brought forward by Crown.
On Jan. 5 Evans was observed by the Penticton RCMP’s Targeted Enforcement Unit writing with a Sharpie felt marker on the wall of the Dollarama store. He pleaded guilty to mischief $5,000 or under Monday in Penticton Provincial Court.
“You’re 30 and you’re going around writing on walls,” said Judge Greg Koturbash before giving an extra 12 months of probation to Evans, with conditions that he not possess paint, dye, paint brushes or spray paint. Evans was also ordered to complete 50 hours of community work service.
Koturbash directed that, if possible, Evans spends time cleaning up graffiti in Penticton in what Crown agreed was a suggestion of “poetic justice” brought forward by
Evans’ defence counsel. Evans, who appeared at the sentencing hearing by video, tried to explain to Koturbash that he was just looking to see if there was any ink in the marker.
“It didn’t work, the pen, so I was seeing if it worked,” Evans said, but Koturbash wasn’t buying it.
“Seriously?” Koturbash said. “Don’t come into this courtroom and spin stories, we are not naive, sir,” Koturbash said. “This community is sick and tired of people like you going around spraying graffiti on places, you understand me? Sick and tired.”
Koturbash noted because the incident technically occurred prior to the thefts for which Evans is currently in custody for, it was his first offence, and he would have imposed a longer sentence if it wasn’t.
“Congratulations, you’re 30 years old and before me with a charge like this,” Koturbash said.
Evans’ extra probation will start upon his release from jail Nov. 2, 2017.
