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Kentville man found breaching conditions in shed has conditional sentence terminated

The Kentville law courts. - File
The Kentville law courts. - File

KENTVILLE, NS - A Kentville man who was found breaching conditions in a shed has had his conditional sentence terminated and will spend the remaining time in jail.

Mark Anthony Higdon, 38, was handed an eight-month conditional sentence order plus one year of probation in December for two counts of unlawful storage of a non-restricted firearm and failing to comply with probation.

According to court documents, on March 7, a member of the Kentville Police Service was conducting a curfew check on Higdon and learned that Higdon was not in his house but out in a small barn in the back yard. The officer knocked on the shed door and, after a bit of time, Higdon opened it.

The officer observed another man in the barn with Higdon who is known to have a criminal record and a Controlled Drugs and Substances Act (CDSA) record. Higdon was placed under arrest for breaching conditions.

The officer observed a used needle on a work bench along with a spoon and a filter used for drawing drugs up into a needle. The officer also observed approximately half a carton of unstamped cigarettes on the work bench and other items.

After searching Higdon, the officer located a glass pipe inside his pants pocket with “a pinkish residue.” Police also located a needle inside Higdon’s jean pocket with the tip taken off.

When another officer was placing Higdon inside the patrol vehicle, Higdon became upset, began cursing the first officer out and wanted to fight.

Higdon resisted the second officer by keeping his feet outside the police vehicle so the door couldn’t be shut. The officer had to go around to the other side of the vehicle and physically pull Higdon further into the car. The first officer assisted in pulling Higdon through the vehicle so the second officer could shut the door. It was noted that Higdon’s behaviour was “very erratic” from calm to wanting to fight the first officer.

Police procured and executed a CDSA search warrant. Police seized two bottles from Higdon’s room containing unknown pills. One bottle had the label torn off and the other label had only the name of the person the pills had been prescribed to.

Police seized several items from the shed where Higdon was found. These included a high-powered air rifle with a scope, a 9-mm steel “lookalike” hand gun wrapped in a bandana with the markings scratched off the side of the firearm, a new set of digital scales still in the box with white residue on it that field tested positive for cocaine and other items.

Higdon was present in provincial court in custody on March 12 for a conditional sentence breach hearing. He admitted to failing to keep the peace and to be of good behaviour and admitted to failing to comply with a condition not to associate with anyone with a criminal, youth or drug-related record. He did not admit to breaching conditions by possessing drugs.

Judge Alan Tufts terminated Higdon’s conditional sentence and ordered him to spend the remaining 147 days in custody.

Higdon was charged with several other offences following his March 7 arrest. During his March 12 court appearance, he pleaded guilty to resisting police, unlawfully selling, offering for sale or possessing illegal tobacco and possessing ammunition while prohibited.

Higdon was sentenced to one week in custody on each of the three charges, two weeks to be served consecutively and one to be served concurrently. A charge of unlawfully possessing methadone was adjourned to May 1 for plea.

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