ATHABASCA – A Bigstone Cree Nation man spent 19 days behind bars after he failed to follow a release order related to allegations of domestic violence.
In Athabasca Court of Justice Aug. 28, Delbert Gambler pleaded guilty the single charge of failing to comply with a release order as part of a joint submission between Crown prosecutor Ashlee Kirby and defence lawyer Andrew Zebak, receiving a 20-day sentence. His 19 days in pre-trial custody, when credited at a one to 1.5 rate, meant that he was in a time served situation.
Justice Clifton Purvis accepted the joint submission, waiving the victim-fine surcharge noting that it would be “undue hardship” given Gambler’s recent incarceration.
Gambler, who appeared from the Edmonton Remand Centre via CCTV, waived his right to a Gladue Report.
The facts
Kirby told court that Gambler was under a release order May 20, 2023, that included conditions to not be in contact with a woman because of domestic violence allegations. On July 9, Athabasca RCMP received a call from another man saying the woman had come home crying after Gambler had shown up to a residence that she was at and began harassing her and accusing her of infidelity.
Kirby told court that Gambler had a related criminal record, which included a Jan. 9, 2023, conviction for breaching an undertaking, and a 2003 conviction for failure to appear — all the other convictions on the two-page report were unrelated.
