Crown is seeking a four year term for Angel Violet Dyck for her involvement in the October, 2015 kidnapping of Brett Riopel.
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March 07, 2017 - 7:30 PM
PENTICTON - A woman who was involved in a kidnapping could receive three years in jail for the crime, and another year for a second charge of being unlawfully in a dwelling house if a Penticton judge agrees with the Crown on the case.
Angel Violet Dyck entered guilty pleas to both offences in Penticton court yesterday.
The charges stem from an incident that took place on Oct. 27, 2015 when she and co-accused Scott Andrew Mcarthur forced Brett Riopel into an SUV and drove him around the city for around 25 minutes in an effort to collect money to pay Mcarthur a drug debt.
Mcarthur pleaded guilty and was sentenced in July 2016 to more than five years in jail for kidnapping and use of an imitation firearm.
Monday’s courtroom debate centred on the extent of Dyck’s involvement in both the kidnapping and the second charge of being unlawfully in a dwelling house, a separate incident that occurred on Nov. 11, 2015.
In that incident, Dyck, another woman and two men forced their way into an Eckhardt Avenue apartment armed with an imitation gun and a length of pipe.
Defence lawyer Norm Yates argued Dyck, 28, did not know Mcarthur’s intention was to kidnap Riopel, saying she was only told by Mcarthur to drive the SUV.
Yates said his client knew Riopel, who had come over to visit Dyck and take drugs. He was accosted by Mcarthur, who showed up at the door shortly after Riopel’s arrival.
He said his client did not appreciate that she was part of a kidnapping.
Yates also explained his client’s involvement in the Eckhardt Avenue incident came about in a bid to get $75 she said was owed to her after being evicted from the apartment, which she formerly lived in, a few days previous.
He said his client was unaware any of the three people with her had a weapon until the four entered the building.
No money was given, the four fled, and the police were called. They picked up the two men involved a short time later. A warrant was issued for Dyck’s arrest.
Crown Prosecutor Kurt Froehlich said Dyck’s pre-sentence report suggested she lacked insight into her offending behaviour. Froehlich said she was a necessary part of the kidnapping, as Mcarthur was confined to a wheelchair.
He also noted Dyck was on probation at the time of the offence, adding her bail performance was not good.
He asked Judge Gregory Koturbash to consider a three-year jail term on the kidnapping charge.
Crown Prosecutor Ann Lerechs, who argued the charge of being unlawfully in a dwelling house, asked the judge for a one-year term for that charge.
Yates called attention to his client’s initiatives while in jail, where she has been since Jan. 14, 2016.
He said his client was “doing exceptionally well," having taken on two jobs in prison, reconnected with the Christian faith and made efforts to avoid groups in prison that “would previously have attracted her.”
He argued for a sentence of time served.
Dyck also spoke to the court, offering Judge Koturbash a lengthy letter outlining her rehabilitative efforts and plans for the future.
“I’m very sorry. There’s not a day goes by I don’t feel horrible,” she told court.
The hearing was adjourned to allow Crown and defence to present submissions regarding whether Dyck should be allowed enhanced credit for her time served.
Judge Koturbash is expected to render his sentence at a later date.
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