UTTERING THREATS AND THEFT @ MAC’S

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(THUNDER BAY, ON) โ€“ Appearing in courtroom 103 on Thursday, May 31st, 2018 is 38-year-old Anthony Kaplanis. The Honourable Dino Digiuseppe presiding, along with Jane Ann McGill as Crown Attorney, and Ryan Green as defence lawyer.

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Kaplanis is sporting a black t-shirt, grey sweatpants, 2 black eyes, and sporty handcuffs, as he stands in the prisonerโ€™s box.

Anthony Kaplanis is facing charges of:

  • Failure to comply with bail conditions x2
  • Disobey court order
  • Threaten death/bodily harm
  • Theft under $5000

FACTS PRESENTED IN COURT

Kaplanis violated a court-order.

March 11th, 2018. 4:22 am at the Macโ€™s on Red River road, the police were called to what was initially called in as a robbery. Upon officers arrival, they spoke to the complainant, who was a store clerk who said that at approximately 4:15 am a male was in the store who is well-known from previous thefts.

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Kaplanis took two sub-sandwiches valued at $12.80 and began to approach the till, but then walked out of the store quickly without paying for them.

The store clerk went outside and told Kaplanis he needed to pay for those sandwiches, in which the suspect turned around and said โ€œI will kill youโ€, which caused the clerk to become fearful for their safety, and retreated back into the store to call the police.

May 16th, 2018, Kaplanis was supposed to remain at the John Howard Society during curfew, but upon a room check, he was not at that location.

Kaplanisโ€™ second breach, which the date was not mentioned, has Kaplanis out after his curfew. Defence counsel claims Kaplanis was at the hospital, but evidence in court says otherwise.

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DEFENCE SUBMISSIONS

Green suggests that a global sentence of 45-60 days in custody followed by 12 months probation is appropriate for his crimes. He has 23 days of pre-sentence custody, and given the notorious conditions at the district jail, that time should be enhanced by 1.5x. Kaplanis is a father of 2, aged 11 and 13. He is an active drug user which has ultimately lead him into trouble.

Kaplanis stated abusing serious drugs in his late 20โ€™s and has been to detox several times here in Thunder Bay. He has also been a resident in treatment that lasted 17 days.

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Kaplanis admits he stole the sub sandwiches because he wanted to eat, he does know there are other avenues to acquire food, but this is what he chose at the time.

As he left the store, the clerk approached him and he addressed the situation while being frustrated for being caught.

His breach at the John Howard was due to him abusing drugs, where he just did not return home.

The breach at the hospital, Kaplanis maintains he was at the hospital that evening.

Kaplanis admits he has done wrong and recognizes this. But he is not a bad person, but he has done bad things. His criminal activity has been underwritten by his drug addiction. Kaplanis is frustrated that he has not been able to do better lately. He seeโ€™s the value and benefit of being on probation.

At this point, he has no home or income. he comes to this court recognizing what he has done and knows he is not welcome back at the convenience store.

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CROWNS SUBMISSIONS

The Crown is seeking 90 days custody along with 12 months probation. The Crown presses that disobeying a court order is a serious matter.

Kaplanis is well known at the Red River road Macโ€™s for stealing. Macโ€™s employees are at risk of personal violence, the clerk had every reason to be afraid once Kaplanis uttered those words

Probation conditions recommended:

  • Not to attend Macโ€™s on Red River road
  • No Contact/communicatoin x2
  • Not to attend the work/school/home or anywhere that the complainant may be
  • Submit DNA to the DNA database
  • Attend counselling as directed by probation officer
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HIS HONOURS DECISION

Drug and alcohol addiction produces virtually all of what we deal with in court. Most people that suffer from serious addiction problems need lots of outside help, is honour suggests that his addiction issues are the root of his troubles in court.

His Honour tells Kaplanis how violating a court order is very serious. The seriousness of that violation cannot be overlooked. He sentences him to 30 days for this charge.

His Honour addresses the dangerous environment that convenience store employees have to navigate in Thunder Bay, and refers to it as โ€œThe convenience store reality in Thunder Bay is terribleโ€. He presses Kaplanis about how these employees are at risk. Kaplanis receives 45 days in jail for this offence.

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The threat that Kaplanis made to the store clerk is very alarmingly and His Honour is sending a message to not only Kaplanis but to the public that this behaviour will not be tolerated.

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His Honour sentences Kaplanis to time served +1 for each breach and the theft, he is further sentenced to 30 days for the restraining order breach, and an additionally 45 days for the utter death threats, which are to be served consecutively. His Honour hands down Kaplanisโ€™ probation order conditions:

  • Keep the peace and be of good behaviour
  • Report to probation within 2 days of release and when required thereafter
  • Attend/participate/complete any programs probation sends you to
  • Not contact/ communicate or attend home/work/school of complainant x2
  • Not attend Macโ€™s on Red River road
  • Victim surcharge fine $500 with 18 months to pay
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Kaplanis is lead back into the basement jail cells of the Thunder Bay Courthouse.

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