BOYLE – A Manitoba man earned 150 days in jail after leading police officers on a multiple-hour pursuit through six kilometres of swamp and muskeg.
In Boyle Court of Justice April 25, Christopher Michael Holhauser, 38, pleaded guilty to flight from a peace officer before the start of his trial. Single charges of possession of a prohibited firearm and possession of a firearm while knowing possession was unauthorized were withdrawn by Crown prosecutor Barry Loutit.
Justice Thomas Achtymichuk accepted the guilty plea, and outlined his reasoning behind the 150 days, which fell in the middle of the 180 suggested by Loutit, and the 120 put forward by defence lawyer David Keyes.
Justice Achtymichuk said he agreed with Keyes’ assertion that the guilty plea was a mitigating factor, despite coming on the day of the trial, but also referenced to Holhauser’s criminal record, as well as the peril he placed police officers in.
“The other thing that I take into account that supports the decision at the lower end is your background as an Indigenous person,” said the Justice. “There’s been a waiver of a Gladue Report, but I can take into account systemic issues about colonialism, residential school systems, and the over incarceration of Indigenous people. These would all justify a sentence at the lower end.”
Holhauser, who had been in jail since his arrest June 22, 2022, and was appearing from the prisoner’s box, was credited with 100 “real” days in custody, which will turn his 150-day sentence into a time served situation. The victim-fine surcharge was also waived, as Holhauser stated that he hadn’t held a steady job or income since 2019.
Keyes told court that Holhauser, who hails from Peguis First Nation in Manitoba, had had a hard life, but recognized the need to make some changes.
“He’s not young anymore and is coming of age to the point where he needs to make some significant rehabilitative steps, to better himself and get himself out of the criminal justice system,” said Keyes. “I’ve acted for Holhauser before, and am aware of some of the challenges he’s faced in life, and the deck of cards he’s been given.”
The crime
Loutit told court that, on June 22, 2022, while attending an unrelated matter at Buffalo Lake Métis Settlement, police witnessed Holhauser driving by — he was known to the officers and was also known to have outstanding warrants.
“Police activated their emergency lights and sirens and attempted to conduct a traffic stop. The accused refused to stop, and instead accelerated down a dead-end road,” said Loutit. “At the end of that road, the accused abandoned the vehicle that he was with.”
Loutit also established that three police officers, as well as a police tracking dog waited some length of time due to safety concerns, before continuing after Holhauser on foot. The tracking dog was able to follow the trail for six kilometres or so through terrain that Loutit referred to as “quite bushy muskeg/swampy.” After multiple hours, the police located Holhauser hiding out in the same area, at which point he was placed under arrest.
