Windsor Court Report

Custody, lifetime firearm prohibition

The court has sentenced Arnold Clifton Messervey, 53, Upper Vaughan, to 40 months in custody for three counts of assault with a weapon, assault, unlawful confinement, uttering a threat to cause bodily harm, three counts of unlawful possession of a firearm, and three counts of unlawful storage of non-restricted firearms.

Messervey entered not guilty pleas to six of the 12 charges Feb. 18, 2008. The matters were adjourned to March 3, 2008 for trial.

Messervey changed his pleas to guilty on the six charges prior to the scheduled trial March 3. He entered guilty pleas to the remaining six charges at that time. The matters were adjourned to March 31, 2008 to allow time for a pre-sentence report to be prepared and for sentencing.

Judge Alan Tufts sentenced Messervey March 31to four years less eight months pre-sentence custody on the 12 charges for a total of 40 months in custody. The court granted a DNA order in relation to the three charges of assault with a weapon. The court imposed a lifetime firearm prohibition order against Messervey in relation to the three charges of assault with a weapon and the charge of unlawful confinement.

Messervey committed the offence of assault in Upper Vaughan Aug. 26, 2004. The three offences of assault using a weapon were committed in Upper Vaughan, Leminster and Lower Vaughan between Jan. 1, 2004 and July 13, 2007 and involved the use of a firearm, piece of board and baseball bat respectively.

The offence of uttering a threat to cause bodily harm to an individual, the three offences of unlawful possession of firearms and the three offences of unlawful storage of non-restricted firearms were committed in Upper Vaughan Nov. 10, 2007.

Impaired driving, assault with weapon

The court has sentenced Kenneth Cecil Swinamer, 37, Three Mile Plains, for using a weapon in committing an assault on an individual and for operating a motor vehicle having consumed alcohol in such a quantity that the concentration in his blood exceeded the legal limit.

Swinamer entered a guilty plea to the impaired driving charge Feb. 5, 2008. The matter was adjourned to March 31, 2008 to allow time for a pre-sentence report to be prepared and for sentencing. Swinamer entered a guilty plea March 31 to the charge of assault using a weapon.

The court sentenced Swinamer to 30 days in custody and 15 months’ probation on the two charges and imposed a 30-month, Canada-wide driving prohibition against him. The court granted a DNA order in relation to the charge of assault using a weapon.

Swinamer committed the offence of impaired driving at Highway 101 Exit 5A Sept. 7, 2007 when he operated a motor vehicle having consumed alcohol in such a quantity that the concentration in his blood exceeded 80 mg of alcohol in 100 ml of blood, the legal limit. Swinamer gave breathalyzer readings of 110 and 100.

Swinamer committed the offence of assault using a weapon in Windsor June 24, 2007 when he used a beer bottle to commit an assault on an individual.

Impaired driving

The court has fined Ian Neil Herrington, 54, Bridgetown, for operating a motor vehicle having consumed alcohol in such a quantity that the concentration in his blood exceeded the legal limit.

Herrington entered a not guilty plea to the charge Oct. 9, 2007 and the matter was adjourned to March 31, 2008 for trial. Herrington changed his plea to guilty prior to the scheduled trial March 31.

The court fined Herrington a total of $1,150 March 31. He has been given until Nov. 25, 2008 to pay or spend 18 days in custody on willful default. The court imposed a two-year, Canada-wide driving prohibition against him.

Herrington committed the offence in Windsor Aug. 14, 2007 when he operated a motor vehicle having consumed alcohol in such a quantity that the concentration in his blood exceeded 80 mg of alcohol in 100 ml of blood, the legal limit. Herrington gave breathalyzer readings of 190 and 190.

Breathalyzer offence

The court has fined Joey Roger Sanford, 25, Walton Woods Road, Walton, for operating a motor vehicle having consumed alcohol in such a quantity that the concentration in his blood exceeded the legal limit.

Sanford entered a guilty plea to the charge April 1, 2008. He was fined a total of $747.50 and has been given until Sept. 30, 2008 to pay or spend 12 days in custody on willful default. The court has imposed a one-year, Canada-wide driving prohibition against him.

Sanford committed the offence in Windsor Feb. 29, 2008 when he operated a motor vehicle having consumed alcohol in such a quantity that the concentration in his blood exceeded 80 mg of alcohol in 100 ml of blood, the legal limit. Sanford gave breathalyzer readings of 120 and 100.

Failed to comply

The court has handed Nathaniel Kevin Theriault, 18, West Brooklyn, a conditional discharge with a period of probation for failing without reasonable excuse to comply with a condition of a probation order.

Theriault entered a guilty plea to the charge Dec. 11, 2007. The matter was adjourned to April 1, 2008 to allow time for a pre-sentence report to be prepared and for sentencing. The court handed Theriault a conditional discharge with six months of reporting probation April 1.

Theriault committed the offence in Hantsport Nov. 26, 2007 when he failed to comply with a condition of a probation order by which he was bound, to abstain absolutely from the use, consumption and possession of alcoholic beverages.

Sentenced on multiple charges

The court has sentenced David Andrew Corey Zwicker, 18, Garland’s Crossing, to one day in custody deemed served and a period of probation for defrauding a bank; stealing the property of an individual of a value not exceeding $5,000; three counts of failing to comply with conditions of a probation order by which he was bound; and for failing to comply with the conditions of that recognizance by which he was bound while being at large on the recognizance.

Zwicker entered guilty pleas Feb. 15, 2008 to the fraud charge and one count of failing to comply with a condition of a probation order. The matters were adjourned to March 28, 2008 to allow time for a pre-sentence report to be prepared and for sentencing.

Zwicker entered guilty pleas March 28to the other two charges of failing to comply with conditions of a probation order, stealing property and the charge of failing to comply with conditions of a recognizance.

The court sentenced Zwicker March 28 to one day in custody deemed served by his appearance in court and one year of probation on the six charges.

Zwicker committed the offence of, by deceit, falsehood or other fraudulent means, defrauding the Bank of Nova Scotia of a sum of money not exceeding $5,000 in Windsor Jan. 8, 2008.

He committed the offences of failing without reasonable excuse to comply with conditions of probation orders by which he was bound in Windsor March 2, 2007, March 8, 2008 and March 14, 2008.

He committed the offence of failing to comply with the conditions of a recognizance by which he was bound in Windsor March 23, 2008. He committed the offence of stealing the property of a value not exceeding $5,000 in Windsor March 28, 2008.

Took vehicle without consent

The court has fined Rodney Joseph Barkhouse, 29, Falmouth, for taking a motor vehicle of a value not exceeding $5,000 without the consent of the owner, with intent to drive it.

Barkhouse entered a guilty plea to the charge April 1, 2008.

The court handed Barkhouse a conditional discharge with one month of non-reporting probation April 1. The court ordered Barkhouse to make a $100 charitable donation to Avon View School and provide the receipt to the court through counsel by May 1, 2008.

Barkhouse committed the offence in Falmouth Aug. 29, 2007.

In other court matters…

The court has fined Robert Lee MacConnell, 22, Mount Uniacke, for operating a motor vehicle without a valid driver’s license and for driving a motor vehicle without a valid liability policy.

MacConnell entered not guilty pleas to the charges Dec. 12, 2007. The matters were adjourned to April 1, 2008 for trial.

However, MacConnell was not present in court April 1 and automatic convictions were entered against him on the two charges.

The court fined MacConnell a total of $279.50 for driving without a license. He has been given until Oct. 25, 2008 to pay with no default. The court fined MacConnell a total of $1,257 for driving a motor vehicle without a valid liability policy. He has been given until Oct. 28, 2008 to pay with no default.

MacConnell committed the offences on Highway 1 July 30, 2007. ---

The court has fined Robert G. Leopold, 29, Upper Vaughan, for driving a motor vehicle while his privilege of obtaining a driver’s license was suspended.

Leopold was not present for court April 1, 2008 and the Crown sought the minimum fine. The court entered an automatic conviction against Leopold and fined him a total of $682. He has been given until May 27, 2008 to pay with no default.

Leopold committed the offence in Martock Jan. 31, 2008. ---

The court has fined Johnathan Michael Purcell, 21, Ellershouse, for being intoxicated in a public place.

The accused was not present for court April 1, 2008 and an automatic conviction was entered against him. Purcell has been fined a total of $118.50 and has been given until May 27, 2008 to pay with no default.

Purcell committed the offence on Water Street, Windsor Feb. 17, 2008.