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Downtown bullwhipper gets suspended sentence

Justice tells Barrhead man he needs to think of people other than himself
Barrhead Provincial Court (VM)

BARRHEAD - A Barrhead man known for cracking a bullwhip in public received an 18-month conditional sentence after being found guilty of causing a disturbance.

Justice Karl Wilberg handed down the sentence to David James Knicely after a 45-minute trial in Barrhead Court of Justice on May 24. As part of his sentence, he also ordered Knicely to undergo a mental-health assessment to be arranged by his probation officer and undergo treatment and counselling as directed.

He is also prohibited from possessing, carrying or using a bullwhip or other similar device in a public place in the Town of Barrhead or from having contact with any of the witnesses.

Crown prosecutor Ashlee Kirby had been seeking an 18-month conditional sentence. She also withdrew an additional causing a disturbance charge, citing its similarity to the first charge.

Knicely, who represented himself, did not dispute that he has practiced bullwhipping in public but denied he impeded anyone from conducting their business.

"At the heart of this is that Mr. Knicely has some mental-health difficulties, which is not surprising given how strange and potentially dangerous this behaviour is," Justice Wilberg said.

Kirby said that Knicely on multiple occasions used a bullwhip in public areas, including downtown, which has "repeatedly caused a disturbance of the municipality."

However, she noted the specific incident in which the charge occurred on Jan. 25. The Crown called three witnesses, the first being Const. David Serdobinstsev.

He testified that at roughly 4:30 p.m., he responded to complaints from two different residents who witnessed Knicely snapping a bullwhip on Main Street, and through their description, he was able to locate them quickly.

Kirby asked Serdobinstsev if Knicely had the bullwhip on his person.

Serdobinstsev said no, but noted both complainants had seen him using the item.

Justice Wilberg interrupted, arguing that repeating what other people saw is inadmissible unless they are available for cross-examination, and directed Kirby to ask questions about what Serdobinstsev personally saw or did.

She then asked Serdobinstsev about how active Main Street was when Knicely was allegedly cracking his bullwhip.

"It was busy. There were many pedestrians and vehicles on the road," he said. "It is a very quick and loud whipping noise, so loud that it echoes, and the sound can travel for many blocks. Other people have described the sound to be similar to a gunshot."

In his cross-examination, Knicely asked the constable if he had ever witnessed himself "acting aggressively or with intent to harm people."

Justice Wilberg interrupted Knicely, asking him to limit his questions to the charge.

"They are not alleging that you threatened anyone or that the whip was being used as a weapon and were trying to hurt someone. What they are alleging is that you were causing a disturbance and stopping people from going where they wanted to go," he said.

Kirby then called a woman who witnessed Knicely three times, the first time at about 3:45 p.m. on Highway 18 near the KFC. At that time, she noted he was walking but that he had a whip draped over his shoulder.

The second time was about 20 minutes later when she was on Main Street and 50th Avenue.

"I heard the whip, so I turned and saw Mr. Knicely, but I did not see the whip as his back was to me," she said. "But I did see people dodging out of the way."

At this point, the woman decided to call the RCMP, as she was concerned for people's safety.

The woman's final encounter with Knicely was when she was exiting the Barrhead Legion on 51 St Street at about 8:30 p.m. She testified that although she did not see him, she heard the whip.

"I couldn't tell where it was coming from as the sound was ricocheting off buildings, but it was very loud and relentless," she said, adding she heard a loud crack every 20 to 25 seconds.

The third witness said she had just picked up one of her children from school at about 3:30 p.m. and was driving on Highway 18 near the Bethel Pentecostal Church when Knicely jumped in front of her car.

"I almost hit him," she said. "He had his whip and was flicking it back and forth, cracking, and he was yelling at the window."

She added it wasn't too long later when she saw Knicely on Main Street near the dance studio, adding he was again cracking his whip.

"My kids, who were two and six, were sobbing, and so were many of the kids in the dance studio. They were just terrified," she said, adding she also witnessed a man that had to move out of the way that was walking on the sidewalk to avoid being struck by the whip.

Justice Wilberg then asked Knicely if he had any evidence to present or any witnesses, including himself, that he would like to testify on his behalf.

Knicely replied that he had no witnesses but wanted to submit a newspaper article in which the Barrhead RCMP Detachment Commander Sgt. Bob Dodds noted that he had not hurt anyone.

Justice Wilberg stopped Knicely, stating the newspaper articles were not evidence.

"You need to call the people who wrote them as witnesses," he explained.

Knicely took issue that he had impeded anyone with his activities and called the witnesses' testimonies hearsay.

"She saw it. It is not hearsay. And how is some person that had to move out of your way because you are cracking your whip not impeding? Can you explain that?"

Knicely did not have an explanation.

However, he said the reason he whips is to help his "mental state", which has deteriorated since he injured his shoulder and went on worker's compensation.

Justice Wilberg noted the Crown proved its case "beyond any reasonable doubt," adding the testimony from the witnesses was very clear.

"You have disturbed a lot of people and been an incredible nuisance to this community for no good reason," he said. "You need to think about your fellow townspeople. You got problems to deal with, and so does everyone else. Mr. Knicely, you blame everyone but yourself. It is time to start taking responsibility."

Justice Wilberg also questioned the Crown why they were not asking for the forfeiture of the bullwhip, saying that he did not believe they had made a strong argument for allowing Knicely to keep the item, but he would go with their submission.

Barry Kerton, TownandCountryToday.com

 


Barry Kerton

About the Author: Barry Kerton

Barry Kerton is the managing editor of the Barrhead Leader, joining the paper in 2014. He covers news, municipal politics and sports.
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