2017-10-18

The Court Report: October 18 edition

by Keith Corcoran

Over the limit. A Bridgewater man was sentenced $2,600 in fines and is banned from driving in Canada for one year after admitting to operating a motor vehicle with a blood alcohol level over the legal limit. Kerry Douglas Himmelman, 61, was behind the wheel of a vehicle in July when police pulled over the auto. Himmelman registered breathalyser readings of 210 and 200 milligrams of alcohol in 100 millilitres of blood. The legal limit is 80. He pleaded guilty October 4 to failing the breathalyser. A First South resident registered breathalyser readings of 200 and 190 milligrams of alcohol in 100 millilitres of blood after police encountered his vehicle in July following a call reporting Russell Rogers was fighting with another individual. Rogers received the one year Canada-wide driving ban and was fined $2,340. He also admitted to an impaired driving-related charge October 4. A 66 year old Elmwood man was fined $1,300 and prohibited from driving in Canada for a year after failing the breathalyser in July. Terry Clell Joudrey registered breath readings of 110 and 100 milligrams of alcohol in 100 millilitres of blood following a traffic stop. Joudrey accepted responsibility October 4 to failing the breathalyser. Kevin Joseph Belyea, 34, admitted to registering breathalyser readings of 210 and 200 milligrams of alcohol in 100 millilitres of blood after his vehicle encountered a checkpoint in December 2013. He also failed to adhere to court orders the next year when he didn't show up for court or participate in fingerprinting. Belyea's fines exceed $3,000 and he was also ordered to serve 30 days of probation. He's also subject to a one year Canada-wide driving prohibition. Belyea admitted to the offences October 4.

Judicial reprimand. A provincial court judge handed down a judicial reprimand to a teenage boy on a Liquor Control Act offence connected to a September 2016 house party in Chester Basin that saw another teen sent to hospital. The boy who was 15 years old at the time of the charge, was intoxicated, had issues maintaining consciousness and was argumentative with police at the Borgels Point Road, court heard. The boy's defence lawyer, Bob Chipman, said a co-accused also received a judicial reprimand in connection with same occurrence. Chipman said the owners of the property where the party took place were never charged. About 30 people, mostly youths, were seen under the influence of alcohol or drugs at the party when police and paramedics arrived to deal with a boy in medical distress. The boy charged with the liquor offence was sentenced October 4.

Store break-in allegations go to preliminary inquiry. One of three South Shore men accused of breaking into a Queens County store earlier this year is testing the charges against him next year in a preliminary inquiry. Austin James Douglas Bruhm, 24, of Pinehurst elected to have his Supreme Court matter heard by judge alone. The preliminary inquiry, slated for next April, will determine whether or not there's enough evidence to warrant a trial. Bruhm is charged with charged with disguise with intent along with break and enter with intent to commit an indictable offence. Two Liverpool men, Cody Alan Moore, 25, and Austin Joseph Schnare, 18, also face the same charges as Bruhm. Moore faces an additional charge of assault. Schnare's matter is in front of a judge again this month, while Moore's next appearance is scheduled for November. Charges were laid after Queens District RCMP responded on May 1 to an alarm activation and determined a rock was used to break a window of an Old Port Mouton Rd. convenience store. Police don't believe anyone gained entry into the store.

Woman nets probation for drug charge, breach. A Bridgewater resident who got caught with marijuana in her apartment and for breaching a court order is on probation for the next year and fined $650. Alissa Megan Corkum pleaded guilty recently in Bridgewater provincial court to drug possession and breaching an undertaking. The 22-year-old and her 20-year-old boyfriend were in her Dufferin Street apartment in Bridgewater when police arrived in February to conduct a search. Authorities found 100 grams of cannabis marijuana, along with cannabis resin. Syringes and other items of interest to police were also discovered, court heard. Corkum was subject to a court order at the time of which one of the conditions was to keep the peace and be of good behaviour. Other drug and weapons allegations against Corkum were withdrawn by the Crown following sentencing. Her boyfriend, a Hemford resident, was sentenced in August on charges of possessing cannabis resin, possessing marijuana for the purposes of trafficking, possessing a weapon for a dangerous purpose and breaching a recognizance. Court heard at the time a can of bear spray was found in the apartment, in addition to marijuana oil and a syringe pre-loaded with under a gram of shatter (a derivative of cannabis resin).

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