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Window breaker high on drugs banned from Churchill Plaza
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Window breaker high on drugs banned from Churchill Plaza

“He suffers from drug addiction and homelessness, the only reasons that bring him to justice today”: a 35-year-old man sentenced to 140 days in prison after pleading guilty

Kenneth Fisher is banned from all businesses at Churchill Plaza for two years following a window-breaking spree this summer.

On July 25, he caused more than $5,000 in damage to a window and door at Partsource, as well as breaking windows at The Beer Store and A&W.

Fisher, 35, pleaded guilty last Thursday to three counts of mischief and a single count of violating a probation order.

He was also found guilty of four offenses – theft, obstructing police, possession of an explosive device while prohibited and another probation violation – which occurred on July 27.

Ontario Court Justice Melanie Dunn heard city police arrested the accused after responding to a call about a man breaking windows at an east-end shopping centre.

He was taken to bail court, where he was released after a hearing, prosecutor Blair Hagan said.

Two days later, cops were called to Winners & HomeSense on Northern Avenue East, where security officers took Fisher into custody.

The accused, who falsely identified himself to police, was arrested for theft, said the assistant Crown attorney.

Fisher has a “pretty extensive” three-and-a-half-page criminal record that includes assault, property offenses and court order violations, she told Dunn.

Hagan and defense attorney Jessica Belisle jointly proposed a sentence of 140 days in jail, followed by 24 months of probation.

Fisher, a member of a Lake Superior reservation, has struggled and been involved in the justice system since he was young, his attorney said.

His family attended residential school and several of them had addiction issues, Belisle told the court.

Fisher suffered abuse and trauma as a young child.

“He suffers from drug addiction and homelessness, the only reasons that bring him to justice today,” Belisle said.

She described her client as remorseful for his actions, adding that he had “little memory of what happened”.

The police indicated that “he was under the significant influence of drugs”.

Dunn accepted the attorneys’ argument, citing Fisher’s background, the Gladue factors, his guilty pleas — an indication of remorse — and his addiction.

She described her recent criminal record as “most aggravating” and her actions call for a lengthy sentence.

Fisher was sentenced to 140 days in jail. With the increased credit of 1.5 days for each day spent in pretrial detention, he has 41 days left to serve.

Dunn also placed him on probation for two years, with conditions prohibiting him from going to any business in Churchill Plaza or Winners & HomeSense, and from possessing weapons.

She also ordered the confiscation of the weapon seized by police.