Clinton Boyd Herring, 41, of Murray Harbour was sentenced to 30 days in jail for uttering threats, resisting arrest and breach of a stay-away order. He had pled guilty to the charges on July 15.
On May 31, police were called to a residence in Murray Harbour to assist with an ambulance call. Police observed Mr Herring was intoxicated and not cooperating with paramedics, who wanted to give medical attention to a cut on his forehead.
Mr Herring was under a court order to stay away from the residence while intoxicated and was arrested.
He became combative with police after being arrested. Police subdued him while they waited for back-up to arrive, but during that time he threatened another individual.
When additional police arrived Mr Herring was taken to the provincial jail and resisted along the way by kicking the inside of the police car.
Crown prosecutor Chad McQuaid said Mr Herring has a long history of struggling with alcohol but has support from his family and is also a father. He said the man is a very different person when sober but while drunk he lacks the ability to control his emotions.
“There needs to be a strong message sent to him that this needs to stop,” Mr McQuaid said.
Defence lawyer Justin Milne said his client accepted responsibility and feels remorse over the incident, especially his behaviour toward the officers.
Mr Milne said Mr Herring was taking medication for his alcohol addiction, but ran out and did not immediately get a refill because he was working. The incident happened several days later and he has been taking the medication ever since.
The lawyer said the pre-sentence report shows some of the reasons why he became addicted, and paints a picture of a very resilient man.
“I still have hope for Clinton,” Mr Milne said.
Mr Herring apologized for his actions and said he realizes he can’t fight addiction by himself anymore.
Judge Nancy Orr said Mr Herring is “obnoxious, belligerent and abusive” while intoxicated.
“It’s quite clear this is going to be a long journey maintaining your sobriety,” she said.
She handed down a sentence of 30 days for each of the three charges, to be served concurrently. He remains on probation from March 11 when he was given a suspended sentence on other charges.
Kevin Joseph Hanlon, 43, of Montague was sentenced to three months of house arrest after previously pleading guilty to two counts of theft and one count of fraud.
On June 21, he was observed taking items from a Montague business without paying. Four days later at the same business, he stole more items. More than $800 in merchandise was taken but the store did not seek restitution.
The Crown and defence submitted a joint sentencing recommendation of two to four months at home. The sentence also includes 12 months’ probation and 25 hours of community service.
Mr McQuaid said he would have recommended time in custody if not for circumstances. He noted Mr Hanlon’s lengthy criminal record but there had been a gap of six years with no convictions.
Mr Milne said his client has underlying mental health issues but has taken steps to get help.
Mr Hanlon apologized for his actions, saying he wants to get the help he needs.
He was sentenced to three months each for theft and fraud, to be served concurrently. He is to remain at home except for medical appointments or to attend work, and is banned from the Montague business as well as any places that sell alcohol.