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(STEVE ARSTAD / iNFOnews.ca)

A Penticton man who pulled a knife on a female bylaw officer and threatened to kill her was sentenced to 10 months in jail and placed on probation for two years following an emotional sentencing hearing at the Penticton courthouse Monday.

Joshua Penner, 35, was found guilty after a trial that wrapped up in late May of assaulting a peace officer with a weapon, possessing a dangerous weapon and uttering threats.

Justice Lynett Jung said the circumstances in this case were so serious that she could not consider the imposition of a conditional sentence to be served in the community.

After Jung sentenced Penner to the 10-month jail sentence, he and his girlfriend hugged each other and sobbed uncontrollably as the judge continued to read the strict conditions Penner will face once he’s released from custody.

The court heard Penner was a hardcore opioid and crystal methamphetamine addict on the morning of Aug. 5, 2023 when two Penticton bylaw officers were conducting a wellness check in a local park.

Penner, who was homeless, was told to wake up by the officers and leave. When he did wake up, he immediately tried to get high.

When he stood up, he was brandishing a knife and he uttered threats “that he would kill or stab them” to both bylaw officers, said Jung.

Police were called and arrived quickly and placed Penner under arrest and found a knife with a five-inch blade in his possession, court heard.

Crown attorney Andrew Vandersluys had asked the court to impose a 12-month jail sentence, followed by a lengthy period of probation, while defence counsel Nelson Selamaj asked Jung to impose a conditional sentence of 12 to 16 months to be served in the community, followed by probation with very strict conditions.

Vandersluys told the court the female bylaw officer who was threatened suffers from post-traumatic stress disorder, anxiety and nightmares as the result of this incident and she eventually resigned from a job she enjoyed.

She’s returned to the workforce, but in a position that pays far less and has suffered emotional, psychological and economic harm as the result of Penner’s actions, he said.

Penner has a record of breaching court orders and petty theft, but this is his first conviction involving violence, said Vandersluys.

A pre-sentence report and psychiatric assessment indicate Penner has shown remorse for his actions and that he has long suffered from addiction to opioids and crystal meth, said Vandersluys.

While he’s made multiple attempts to deal with his drug addiction and has had some success, including spending time at Discovery House in Penticton, he enrols in treatment but has left more than once before completing programs, he said.

A psychiatrist concluded Penner is of low risk to reoffend if he completes treatment programs, but that risk rises to moderate if he goes back to abusing hard drugs, said Vandersluys.

Canadian case law makes it clear that people who assault or threaten peace officers such as police and bylaw officers in the course of their duties almost always results in lengthy jail sentences, even for offenders like Penner who don’t have any history of violent crime, said Vandersluys.

“They should be allowed to perform their duties without fear of harm,” he said. “They don’t sign up to be on the receiving end of threats of violence.”

Selemaj said Penner grew up in a difficult family environment where his parents split when he was age 8.

Both of his parents became addicted to drugs and eventually addiction cost his mother her life three years ago, said Selemaj. Penner moved to Penticton in 2018 in order to be closer to his mother.

His client has a good relationship with his father and has spent a lot of time taking care of him as he’s suffering from multiple serious health issues as the result of his long-time drug addiction, he said.

He felt abandoned as a child and at one point had to take care of a sister for nine days when he was a child himself, he said.

Penner is the father of a 13-year old son and has been in a loving relationship with his current girlfriend for over a year, said Selemaj.

His girlfriend has shown tremendous support and been a very positive influence in his life, including keeping him clean and sober over the past several months, he said.

Penner “has good insight into his addiction problems” and, despite failing in the past to remain clean, is again making efforts to address them with the support of his girlfriend, he said.

Before Jung imposed her sentence, Penner told the court he accepts full responsibility for his actions the day in question.

He said he was very sorry for the pain and suffering he caused to the two bylaw officers he threatened with the knife.

The victim said in a statement read in court by Jung that she misses working with her fellow bylaw officers and one of her greatest joys was working with homeless addicts and seeing them beat their addictions and becoming productive members of society.

“I’m a different person now ... I miss helping people,” she said in her statement.

During two years of probation, Penner was ordered to not have any contact with the two bylaw officers, seek treatment and counselling as recommended, not possess any prohibited weapons, including firearms and knives, and he must submit a DNA sample to a national crime data bank.

— This story was originally published by the Penticton Herald

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