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Mischief charge nets Westlock man $1,000 fine and probation

Edwin Graf pleaded guilty to breaking neighbour's window
WES provincial court

WESTLOCK — A Westlock man was recently sentenced to a $1,000 fine and 12 months of probation for breaking a neighbour’s window with a rock. 

At Westlock Court of Justice on Feb. 28, Edwin Graf pleaded guilty to a single count of mischief causing damage under $5,000. 

Justice Jordan Stuffco sentenced Graf to the $1,000 fine and year of probation in accordance with the joint submission from the Crown and defence, though he noted that the fine seemed “a lttle bit harsh.” 

The probation came with a simple condition not to have any contact with Graf’s neighbour or to attend his residence, place of work or place of worship. 

Crown prosecutor Andrew Dirgo said that on Oct. 14, 2023, RCMP received a report of mischief at a residence in Westlock. 

The mischief was reported by the property-owner, who had been informed in turn by the current tenant. 

Upon attending the scene, Dirgo said the RCMP observed that Graf and the tenant were neighbours. The tenant’s front window had been smashed and Graf was standing outside, having thrown a rock through it. 

Defence lawyer Richard Forbes noted that Graf had two recent counts of mischief on his record from 2021 and 2022 and had received smaller fines as a result of those incidents. 

Forbes noted that Graf had a Gladue pre-sentencing report prepared during a previous court appearance, adding that Graf’s grandfather was a residential school survivor and he had been subject to physical abuse and drug use from a young age. 

“His criminal record is reflective of a man who has struggled with the use of drugs,” Forbes said. 

He said Graf was joined in court by a support worker from Healthy Families Healthy Futures, which marked a “recent addition” to his life. 

Forbes noted that Graf was subject to a conditional sentence order and had been working closely with probation. When Justice Stuffco asked how Graf could pay the fine, Forbes said Graf had a good relationship with his probation officer and would work it off through the Alberta Fine Options Program. 

After speaking with the support worker, Forbes said, “They like it when an individual comes to them with projects in mind, so that’s something she’s going to help Mr. Graf with. They can present a plan for what kind of work he can do” 

After passing down his sentence, Stuffco urged the accused to find ways of dealing with his issues other than committing mischief, adding, “I wish you the best, Mr. Graf.”

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