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Serving time on weekends

A 53-year-old Bloomfield man is serving nine days in jail for moose hunting last year without a licence.

Richard Wayne Travis was found guilty Nov. 10 of hunting moose without a licence Sept. 27, 2007 at Saddleback Mountain. Judge Henrik Tonning delivered his verdict after considering evidence from Travis' Nov. 4 trial.

Tonning said he was satisfied beyond a reasonable doubt that Travis, who didn't have a moose licence and isn't allowed to own or use firearms, shot two bull moose that day while accompanying his ex-girlfriend Margaret Goodwin, who did have a licence.

During the trial, the judge heard testimony that Travis had applied for the moose licence in Goodwin's name and when her name was drawn, he was the one who made arrangements for a hunting camp and transportation. His son Adam Travis was named as the legal second hunter on Goodwin's licence.

Although Travis and Goodwin had parted ways a couple of weeks before moose hunting season, Travis accompanied her and his son to the hunting camp and was up early calling moose.

"Mr. Travis is considered to be one of the best moose callers in the county," Tonning said, adding that even that action would be considered illegal participation in the hunt.

Goodwin had testified Travis accompanied her on the hunt while his son went off in another direction and that it was Travis who actually shot both moose. Tonning said other evidence supported her version, including that from a Department of Natural Resources dog handler who investigated the scene and found shell casings from the same rifle beside both piles of entrails.

Travis used Goodwin's tag for the larger moose and brought in Michael Long, a licenced hunting guide, to use his licence to tag the smaller animal.

Witnesses at the post-hunt camp party told of Goodwin "swigging Fireball whiskey, exposing her breasts, swinging a machete and behaving in a rather bizarre fashion," said Tonning.

"I accept her evidence he was the one who shot the moose. I don't accept her evidence she doesn't drink and wasn't drinking, but that's not the point. He shot the moose and she was just along for the ride and got taken. Her bizarre behaviour that day doesn't change my perception.

"All she has to say in terms of who shot and who didn't is accepted by me without any doubt."

He also remarked that, "everyone involved, including Mr. Long, was doing the wrong thing."

The sentence requires Travis to report to the Saint John Correctional Centre by 7 p.m. each Friday and remain there until 7 p.m. each Sunday until his full nine-day sentence is served.

Remarking that illegally shooting two moose was "absolutely scandalous," Tonning fined Travis $4,000, which must be paid by March 10, and ordered the forfeiture of the Winchester rifle involved in the hunt.

He ordered Travis to keep the peace and be of good behaviour and have no contact with Margaret Goodwin.

Sentenced to five months

Hartley Gordon Garland received an additional five-month sentence in Hampton Provincial Court Nov. 10, to be served concurrent with the 39-month jail sentence he had already received in a Saint John courtroom. Scheduled for trial in Hampton, the 46-year-old Saint John man changed his plea to guilty on all five charges.

"I got mixed up with drugs and that took me down the wrong road," Garland told the judge.

The charges to which he pleaded guilty, possession of a stolen 1997 Mercury Sable station wagon, cocaine possession, obstructing justice by providing false identification, impersonating someone else to RCMP in an attempt to avoid charges, and driving a vehicle while suspended, all occurred Aug. 8 in Hampton.

Crown prosecutor Kelly Winchester said the vehicle was stolen in Saint John by Tina Roy. She hooked up with Garland and the pair were headed toward Sussex with Garland driving when a RCMP officer spotted the stolen car, pulled them over and arrested them for theft. A search of the vehicle produced drug paraphernalia and a bag of cocaine, which Garland said was his.

Garland told police his name was Kevin Damon and produced a driver's licence bearing that name. However, the licence had expired in 2001. Winchester said Garland was actually booked into jail as Kevin Damon and his actual identity didn't come to light until weeks later.

"We did lay charges against Kevin Damon in court a few weeks ago but we withdrew them," she said, noting the charges were then laid against Garland.

Duty counsel Brian Ferguson said the Kevin Damon the defendant was trying to impersonate was Garland's stepfather. Garland, who has worked in roofing for 12 years, admitted to having a drug problem. He's currently serving 39 months in jail for breaking into a Saint John home, unaware two occupants were at home. Garland appeared in Hampton court in the prisoner's box, in leg shackles.

Judge Henrik Tonning sentenced Garland to five months in jail one month for each of the Hampton charges to be served concurrent to the time being served for the Saint John break-in.

Admitted to theft

A 45-year-old Saint John man who tried to return stolen roofing supplies to get cash admitted his guilt in Hampton Provincial Court Nov. 10.

Edward Kenneth Lee was scheduled for trial on the theft charge but had a change of heart and pleaded guilty. The charge stemmed from an incident Oct. 17, 2007 in Quispamsis.

Crown prosecutor Kelly Winchester said Lee was hired to do a roofing job for a Quispamsis client for $5,000, with the client supplying the roofing materials and equipment.

She said Lee didn't show up until two days after the start date and wasn't there on the Friday, with only two men on the job instead of the four he said he would have. When Lee failed to show up the following Monday, the client hired a new roofing contractor, who informed him all the shingles the client had purchased for the job were gone.

The client went back to the Kent store where he had bought the shingles and found Lee was trying to return them and get the money back. Winchester said the client was still out about $900. Lee told police he had a substance abuse problem and had spent 42 days at the Ridgewood addiction treatment centre.

Duty counsel Brian Ferguson said the defendant told him the client had gone off to Boston and Lee was returning the materials to get some money to pay his workers.

Judge Henrik Tonning set a Dec. 16 sentencing date and Ferguson requested a pre-sentence report.

"Obviously, the issue here for Mr. Lee is a substance abuse problem," he said.

Two assault charges

Kathleen Crawford, 20, of Sussex pleaded guilty here in Provincial Court on Nov. 12 to two charges of assault on her first appearance. Crawford assaulted a woman in two occasions, on Sept. 2 and on Sept. 7 outside a local sandwich shop. Judge Henrik Tonning asked for a pre-sentence report. Crawford is on a conditional release and ordered no-contact with the victim. Sentencing will take place on Jan.15, 2009.

Guilty of theft

Kevin Daniel Osmond, 32, of Browns Flat appeared in Sussex Provincial Court on Nov. 14 to face charges of theft and unlawful use of stolen property. Osmond was brought to court under a warrant issued Sept. 9 for failing to appear in court for the matters described. Osmond stole a credit card in Public Landing on July 8 and used it twice on July 9. He changed his plead to guilty and Judge Henrik Tonning imposed a 12-month suspended sentence and ordered him to pay restitution in the amount of $200 by March 24, 2009.

Theft at flea market

Chad Truchon, 19, of Sussex changed his plead to guilty in Sussex Provincial Court on Nov. 14. Truchon had been charged for theft of property under $5,000. Crown prosecutor Jim McAvity explained the young man stole a vaporizer from a vendor's booth at the Sussex flea market on Aug. 15.

The victim said Truchon was with another two subjects looking at a display and later went through the back of the tent and reached in to remove the vaporizer. The victim chased Truchon, who was later taken by the RCMP and charged with theft.

Duty counsel John King said Truchon had dropped out of school two years ago and that he may have too much time on his hands, but he is aware of the consequences of his actions.

King said Truchon needs to find something to do in order to keep himself out of trouble and indicated he does not have a previous record. Judge Henrik Tonning asked the young man and his mother about the situation and warned Truchon.

"You have to do something because you cannot expect to live off your parents when you're 19, it's either work or school," he said.

Truchon was given a conditional discharge, probation for 12 months and ordered to pay $100 restitution.