Time served for flight from police, theft
By Delon Shurtz - Lethbridge Herald on March 5, 2022.
LETHBRIDGE HERALDdshurtz@lethbridgeherald.com A southern Alberta man who tried to flee from police three times in the same day before he was finally arrested, won’t have to spend anymore time behind bars.Mitchell Jeffrey Brandon was sentenced Thursday in Lethbridge provincial court to nine months in jail, but after being granted full credit for time he already spent in remand custody waiting to resolve his charges, his sentence is over.
Brandon pleaded guilty to single counts of flight from police and theft under $5,000 stemming from incidents in 2020 and 2021. On March 17, 2020 Brandon walked into a Lethbridge sports store, browsed around, then walked out with a $3,800 Rocky Mountain bike.
A year later, on March 24, 2021, RCMP were called to a single-vehicle collision in which the vehicle ended up in a ditch. When police arrived the vehicle was gone, and it was later reported to be travelling southbound on a rural road. Police found the vehicle and noticed the licence did not match the vehicle, but when they attempted to stop the vehicle, Brandon sped away, prompting police to end the pursuit shortly after.
About 15 minutes later RCMP officers in two other vehicles attempted to stop Brandon, who was stopped on the road experiencing what appeared to be engine trouble. The officers prepared for a high-risk takedown and drew their guns, then ordered Brandon from his vehicle, but he sped off again. Five minutes later Brandon was spotted again on another road, where he was attempting to open the hood of the vehicle. When police approached he attempted to drive away, but officers opened his door and grabbed him by the arm. After a brief struggle he was taken to the ground and arrested.
Once in custody at the Lethbridge Correctional Centre, Brandon, who at the time was wanted on six warrants, overdosed several times, and had to be treated. He admitted he had swallowed drugs. Brandon’s vehicle was towed to the Taber RCMP detachment where officers found 2.6 grams of fentanyl.
Crown Prosecutor Shane Morrison pointed out Brandon’s criminal record includes a previous flight conviction in 2006, resisting arrest in 2014, and 10 convictions for property related offences.
Morrison recommended Brandon receive a jail sentence of nine months for the flight charge and one month consecutive for the theft charge, but Calgary lawyer Jeanine Zahara recommended sentences of six months and five days, respectively.
Zahara said Brandon, who is also serving a jail sentence on unrelated matters, had received a five-day sentence in 2018 for theft, and suggested a jump to 30 days is too much. She also suggested a lower sentence for flight would be appropriate, given Brandon’s personal circumstances, including his diagnosis of fetal alcohol spectrum disorder, low IQ, difficult childhood and addiction to drugs. She noted her client began using drugs when he was nine years old, and was on hard drugs by the time he was 13.
Judge Gregory Maxwell agreed with the Crown and said Brandon’s offences warrant longer sentences, but he reduced the sentence for flight to eight months, even though he noted the circumstances of the offence are particularly aggravating.
“He was given three opportunities to stop,” Maxwell reminded counsel. He said Brandon decided to run even at gunpoint, and then resisted when he had no other options.
Brandon was also fined a total of $8,000 for several violations of the Traffic Safety Act, but he was allowed to serve the default time in custody, instead. However, he was also given full credit for time already served, leaving no additional time in custody on the tickets. Follow @DShurtzHerald on Twitter 4
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