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BARRHEAD – A local man was sentenced to 500 days in jail for a string of offences committed in Barrhead, Westlock and Fort Assiniboine over the past two years, though he will not serve any further time behind bars because he has already spent more than a year in custody.
In Barrhead Provincial Court June 28, Curtis Paul Powder pleaded guilty to dangerous operation of a vehicle, two counts of resisting a peace officer, possession of a controlled substance and failing to comply with the conditions of a release order and assault.
In line with the joint submission from the Crown and defence, Judge Michèle Collinson handed down a global sentence of 500 days and a three-year driving prohibition.
Broken down, Powder was sentenced to 365 days and a three-year driving prohibition on the dangerous operation charge; 90 days on the first resisting a peace officer charge; 30 days on the possession charge and 15 days on the second resisting charge, the failure to comply charge and the assault charge.
All of these sentences were to be served consecutively except for the 30 days on the possession charge, which was to be served concurrently. That adds up to 500 days.
Powder had already served about 100 days in custody, but Crown prosecutor Anthony Estephan noted that he had also served 372 days on matters that were either resolved or withdrawn.
“That was a substantial amount of time (Powder) was held in custody. That time went nowhere,” Estephan said.
As such, the Crown’s recommendation was to give Powder credit for the 372 days in custody, which on an enhanced credit basis totalled more than 500 days.
Collinson agreed with that recommendation and commended the Crown and defence for coming up with this sentence.
“I actually thank counsel for such a well-thought-out submission to the court in terms of resolving these matters,” she said.
Background of charges
The dangerous operation charge stemmed from events that occurred in Barrhead at around 3 p.m. on May 19, 2020.
Estephan said Powder was operating a motor vehicle when he was prohibited from doing so at the time.
While he was stopped at the intersection of 47th Street and 52nd Avenue, a local RCMP officer driving a marked vehicle drove past Powder’s vehicle and recognized him. The officer knew that Powder had several outstanding warrants for his arrest and that he didn’t have a driver’s licence.
Estephan said the officer stopped adjacent to Powder’s vehicle and said hello. Powder responded by accelerating away, so the RCMP officer turned on their emergency lights and turned around to follow.
Powder narrowly missed hitting a white SUV as he drove away along 53A Avenue and then blew through a red light at the intersection with 49th Street.
After turning south on 51st Street, Powder ran through three stop signs before coming to 50th Avenue and turning left. Estephan said the police officer discontinued their pursuit at that time for public safety reasons.
On June 24, 2020, RCMP attended a residence in Fort Assiniboine because they had information that Powder was located there.
A uniformed RCMP officer knocked on the front door, prompting Powder to exit through a rear window and begin running away.
Estephan said the officer yelled at Powder to stop and then chased after him. After a short foot pursuit, he was placed under arrest.
The possession charge was laid after a set of keys was found on Powder for a truck where a small amount of methamphetamine was found.
The second resisting charge and the breach charge stemmed from an incident in Westlock on July 16, 2021. At the time, Powder was bound by a release order requiring him to be at an approved residence between 10 p.m. and 7 a.m.
At around 2 a.m. that morning, Westlock RCMP observed Powder exiting the rear seat of a Ford Taurus stopped at an unspecified location. They recognized Powder and were aware of his curfew, so they approached him.
Powder responded by fleeing on foot into an alleyway where he managed to escape. However, he was later arrested on July 19, 2021.
Finally, the assault charge was laid after an incident in Westlock on March 4, 2022. Estephan said Powder’s partner was pushing a stroller in front of the Boston Pizza when Powder exited a nearby vehicle and struck her in the face after an argument.
Collinson later asked if there was a child in the stroller. Defence lawyer Michael Marcovitch could not say definitively but indicated that was probably the case, as Powder and his partner have a child together.
In any case, the complainant swung back at Powder and then later voluntarily got into the vehicle with him, which Marcovitch later pointed out as a mitigating factor.
Further comments
Estephan noted that Powder has a lengthy criminal record, including 14 previous convictions for resisting arrest or obstruction of a peace officer. The most recent such charge was in 2020, for which he received a 90-day sentence.
That criminal record was an aggravating factor, as was the fact that Powder could have hurt someone during his flight from Barrhead RCMP in May 2020.
"I think we’re very fortunate to say there wasn’t (any injuries). And certainly if there was, it could have been a completely different story,” Estephan said.
The fact that the assault occurred in the context of a domestic violence situation was also aggravating, the Crown noted.
On the mitigating side of the ledger, Powder’s acceptance of responsibility relieved the Crown of the need to prove these offences, with Estephan noting that Powder’s partner had been reluctant to go forward with the matter.
Thanking the Crown for agreeing to have Powder sentenced to time served, Marcovitch noted to the judge that Powder had previously been bitten by a police dog during a previous encounter with the police, which had made him inclined to run during encounters with the RCMP.
“Their dogs are not like yours. When they bite, they hurt you really, really bad,” Marcovitch said.
When asked if he wished to say anything, Powder said his life over the past year has been very hectic, but he had changed his ways and was eager to get this matter dealt with.
“I just want to move forward and be a better person,” Powder said.
Collinson took into account Powder’s expression of remorse and his guilty plea, though she admitted his criminal record shows “a certain persistence ... in terms of committing criminal offences.”
In the end, after passing sentence and declining to add a victim fine surcharge, Collison wished Powder “courage and strength” in raising his child and staying out of jail. In response, he thanked her for her judgement.
