April 29, 2015 - 2:29 PM
VERNON - The Vernon man police and three Search and Rescue organizations scoured the Commonage for last week was afraid to go home because he didn’t want to get arrested, court heard today, April 29.
Kyle Macinnes, 25, was reported missing by his worried family after he went for a dirt bike ride in the Commonage area April 21 and didn’t come back. Police, Canadian Air Search and Rescue and search and rescue groups from around the Okanagan mobilized a full scale search for Macinnes, who turned up at home 36 hours later.
At the time, Macinnes was already on a curfew and other conditions related to a domestic assault, uttering threats and breaches. After speaking with police, Macinnes was arrested for breaching his bail conditions and appeared in Vernon Provincial Court today for that and other charges.
Macinnes’ lawyer Nick Jacob said his client went for a ride April 21, but his dirt bike broke down down in the Commonage. He walked back, Jacob said, but didn’t want to go home right away because “he was fearful he would get arrested” so he went to a friend’s house instead.
Macinnes struggled with a drug and alcohol addiction, but has been clean and sober since undergoing treatment last year, Jacob said, adding he’s eager to get a fresh start with his family.
Jacob and with Crown counsel Margaret Cissell recommended Judge James Threlfall sentence him to a 90-day conditional sentence order served in the community plus one year probation.
Judge Threlfall questioned the community-based sentence when Macinnes has “not seen fit to comply” with any of his previous court orders.
“Essentially that’s saying to the court, 'stick it in your ear,'” Threlfall said.
Cissell said the community-based sentence is appropriate given Macinnes’ good results in recovery.
Macinnes pleaded guilty to breaching his court orders, and to common assault instead of assault causing bodily harm. Several individual counts were stayed by the Crown.
Threlfall ordered a 90-day conditional sentence order, and one year probation with conditions.
The Crown also seeks forfeiture Macinnes’ bail, a matter which will be heard before the courts at a future date.
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News from © InfoTel News Ltd, 2015