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Appearing handcuffed in Courtroom 304 on Monday, April 30, 2018, before the Honourable Justice Marc Bode is 39-year old JOHNATHON MCKAY. The Crown Attorney is Andrew Sadler and Defence lawyer is Tyler Woods.

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MCKAY stands about 5’9” with a heavy build, wearing a blue sweater and grey track pants.

He’s pleading guilty to 3 charges. A break & enter to commit theft, a mischief, and a fail to comply probation. The Crown is withdrawing the rest.

ADMITTED FACTS

On November 21, 2017, MCKAY was put on a probation order for other crimes by Her Honour Justice Pelletier. MCKAY did not report to probation officer between Dec 14, 2017, and January 19, 2018.

On March 23, 2017, at approximately 6:15 am in the 900 block of Oliver Road, a man & woman were awoken by the sound of a door closing in their home. They went downstairs to the kitchen to discover that both their wallets were stolen, the keys to their 2013 Volkswagen Golf were gone. Also stolen were steaks, ribs and chicken breasts out of the freezer. However, a Tupperware container containing stir fry was removed from the fridge. The stirfry was consumed and the fork used was left on the floor with the container.

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TBPS CALLED TO INVESTIGATE.

TBPS Officers arrived and collected the fork for DNA testing. Further investigation revealed fresh footprints in the snow to the patio door and about 10 other patio doors. The thief had attempted all doors until he found one unlocked

The fork was swabbed and sent for DNA testing.

JOHNATHON MCKAY WAS ALREADY IN DNA DATABANK.

Testing revealed that it was his DNA. An arrest warrant was issued in January 2018 for his arrest.

NO WANTED WEDNESDAY POSTER BY DIRECTOR OF COMMUNICATIONS AT TBPS. ONLY 4 WANTED A WEEK IS ALL HE CAN DO. AND SOME WEEKS THAT’S NOT POSSIBLE.

The Director of Communications at TBPS NEVER put out a WANTED notice to the public about MCKAY. The public could have helped to catch him.

Because on February 11, 2018, at a residence on Hodder Street, a female was startled when a window in her home was smashed from the outside. She ran out of her residence to nearby Robin’s Donuts to phone police. Police arrived to find MCKAY passed out on the couch.

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HE’S ARRESTED AGAIN AND HELD IN JAIL.

GLADUE FACTORS

The Court hears that MCKAY is from Big Trout Lake. A community of substance abuse and poverty. It’s also stated that a Conditional Sentence Order (CSO or house arrest) was explored to be served in Big Trout Lake. But there is no one at the reserve willing to help MCKAY.

A JOINT SUBMISSION FOR JUSTICE BODE.

Defence and Crown have agreed that with MCKAY’S lengthy record that a 9-month sentence for the break and enter to commit theft is acceptable. 12 months probation concurrent for the other charges.

His Honour Bode asks MCKAY if he has anything to say.

“I committed a B&E, I was blacked out….whatever” MCKAY replied. He says something about his father passing away but it becomes very unclear.

JUSTICE BODE READY TO PASS SENTENCE.

His Honour tells MCKAY that it’s one thing to break and enter to eat, but quite another to steal.
MCKAY has a criminal record several pages long. His last B&E got him 6 months.

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He’s spent 80 days in jail and that gets enhanced to 120 days. So, he’s handed an additional 5 months of jail time. But due to Statutory Release requirements, MCKAY will be released in 2 months.  He gets 12 months probation with very simple conditions including staying away from his victims. His Honour warns MCKAY that if he breaks the law again, his sentences will get longer.

He’s given a 300$ victim surcharge fine and given 18 months to pay.

TBPS Special Constables lead MCKAY out of Courtroom.

GOOD JOB BY TBPS.

TOO BAD THE DIRECTOR OF COMMUNICATIONS DOESN’T WARN THE PUBLIC.

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