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CHARLOTTETOWN, P.E.I. — A P.E.I. man who beforehand obtained federal jail time for impaired driving inflicting demise has averted jail for more moderen offences of preventing on the Charlottetown Neighborhood Outreach Centre and shoplifting.
Donald James Lutes, 34, appeared in provincial courtroom in Charlottetown on Sept. 28 and pleaded responsible to inflicting a disturbance by preventing, theft beneath $5,000 and lacking courtroom.
Crown lawyer Jeff MacDonald instructed the courtroom that on April 22, Lutes was on the Neighborhood Outreach Centre on Euston Avenue in Charlottetown at 8:15 a.m. and was concerned in a battle within the car parking zone. Lutes and two different males fought one other man. The sufferer declined to provide a press release to police, mentioned MacDonald.
Then on April 28, Lutes shoplifted a Garmin inReach Messenger Satellite tv for pc Communicator (hand-held machine) priced at $400 from Canadian Tire in Charlottetown. Lutes was confronted by a retailer supervisor and denied taking the machine. Lutes fled the scene and was later arrested by police. He gave the merchandise to police and it was returned to the shop.
MacDonald really helpful a suspended sentence involving probation for the theft, 10 days in jail for preventing and three days consecutive for lacking courtroom.
Lutes’ felony file contains 30 months in jail and a five-year driving ban for the impaired driving inflicting demise offence. That offence occurred on Oct. 24, 2015, in North Tryon. Lutes was driving a 1999 Honda Civic at an estimated 131 km/h in a 60 km/h building zone. Lutes misplaced management and hit a guardrail. The crash killed the opposite occupant within the car – Lutes’ pal Matthew Gallant, 31, an Amherst, N.S. resident. Lutes pleaded responsible to the impaired driving inflicting demise cost on Jan. 17, 2017, in provincial courtroom in Summerside. Along with being impaired by alcohol, Lutes had hashish in his system on the time of the offence.
Lutes breached the driving ban from that offence and was sentenced on Nov. 4, 2021, in provincial courtroom in Charlottetown to fifteen days in jail.
Authorized support lawyer Justin Milne requested a suspended sentence involving probation for the entire offences. Milne famous that the battle sufferer was additionally sentenced for his function within the incident. Lutes didn’t have a previous conviction for preventing or theft.
Milne defined that Lutes skilled a traumatic occasion and has been fighting homelessness for the previous 12 months. He has been utilizing the providers on the outreach centre since then and staying on the Park Avenue shelter. Lutes can be coping with psychological well being points and is concerned in a methadone program. Lutes can be employed, mentioned Milne.
Chief Decide Jeff Lantz sided with the defence and imposed a suspended sentence and 18 months of probation for the entire offences.
Terrence McEachern is a justice reporter with SaltWire in Prince Edward Island. He could be reached by e mail at [email protected] and could be adopted on X @terry_mcn.