One of two brothers who stole excavators in Kamloops sentenced | iNFOnews | Thompson-Okanagan's News Source

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One of two brothers who stole excavators in Kamloops sentenced

July 28, 2020 - 6:30 PM

One of the brothers responsible for stealing excavators and leading police on a hunt between Kamloops, Merritt and Ashcroft was sentenced today in Kamloops Provincial Court.

On Jan. 17 of this year, a Kamloops RCMP officer noticed a stolen Ford F350 and excavator and attempted to pull it over. The driver evaded police, and the officer notified RCMP in Merritt and Ashcroft that he may be coming their way. David Nicholson was arrested in Ashcroft, and his older brother was arrested the next day with a different stolen excavator.

David faced charges of dangerous operation of a motor vehicle, theft over $5,000, flight from police and more.

David Nicholson, born in 1989, was sentenced to 485 days in jail by Justice Raymond Phillips but with time already served, he has another 194 days. In addition, he faces a 12-month probation order starting immediately which prohibits him from driving or being in the driver’s seat of any vehicle. He will have to avoid the workplace and residence of one of the men he stole from and is prohibited from owning any tools such as slim jims, pliers, grinders, lock picks and more. He will also have to do routine check-ins with a probation officer and abstain from drugs and alcohol among other conditions.

Nicholson will also have to pay restitution to the owners of the trailer and excavator he stole and damaged. The owner of the trailer will be paid $1,500 for the damages, while the owner of the excavator will receive $2,500 to cover the cost of his insurance deductible.

Phillips explained why he would not give Nicholson a requested conditional sentence.

“I deny the conditional sentence order on the basis of the driving and the significant risk that was posed to the public in those activities and I found that if I allowed a conditional sentence order, that that would endanger the public, that it would put the public in danger given your record of past breaches and the fact that you were on a release order prohibiting you from sitting in or occupying the driver’s seat of a motor vehicle, and you were a prohibited driver at that time. … essentially, that is the specific reason with respect to the conditional sentence,” Phillips says.

According to Court Services Online, his brother Sean Patrick Nicholson, born in 1987, has not yet been sentenced.


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