STOLEN VEHICLE, STOLEN PROPERTY AND ASSAULT

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(THUNDER BAY, ON) โ€“ On November 20th, 2018, Thunder Bay Police Service arrested a 19-year-old Colton Hernushuhta and held him for bail court the following morning.

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Herneshuhta is alleged to have been in possession of a stolen motor vehicle.

His Worship, Justice of the Peace Bruce Leaman was presiding along with Crown Attorney Gordon Fillmore and a duty counsel lawyer.

He is facing the following new charge:

  • Possession of stolen property (motor vehicle)

Herneshuhta also has charges from May the 5th, 2018 which are still going through court. Those charges are:

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  • Possession of stolen property x2
  • Theft under $5000 (Shoppers Drug Mart)
  • Assault

The Crown indicates that Herneshuhta was already released on his own recognizance and that any release crafted would need to be a step up the โ€œbail ladderโ€. The next step up the โ€œbail ladderโ€ would mean a recognizance with a surety, which is the final rung on the ladder before detention is ordered.

Herneshuhta is in a โ€œreverse-onusโ€ situation, and Crown Attorney Fillmore tells the court that he intends to put him to that onus. Fillmore also says that a release is possible, but he would need to see an appropriate bail plan, which has not been presented at this time. The Crown Attorney is not consenting to the accusedโ€™s release based on secondary ground concerns.

A โ€œreverse-onusโ€ situation means that the accused must show the court why they should be released. It is often due to having been released on bail already and is now alleged to have breached that bail.

Secondary ground concerns tell us that the Crown believes that the accused may either re-offend if released, become a public safety issue, interfere with the administration of justice, or a combination of those.

Duty counsel requests that Herneshuhta be remanded into custody until tomorrow. She further states that she has receivedย information about a potentialย surety, and will send the information to the accusedโ€™s lawyer of choice as well as contact the surety.

The Justice of the Peace grants the request, and orders Herneshuhta to spend at least the night in jail until his court date tomorrow where he will have another crack at getting released.

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Herneshuhta is escorted back to his jail cell at the Thunder Bay Police Service station, where he will wait to be transported to the Thunder Bay District Jail.

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