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Lottery scammers fined $4.6 million

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A father and his daughter were each fined $2.3 million for their roles in an insider lottery scam.

Jun-Chul Chung, 68,  and his daughter, Kathleen Chung, 36, were handed the hefty fines last week by Justice Douglas Gray.

Chung was convicted of stealing a $12.5 million Super 7 ticket while his daughter falsely claimed the winnings and was convicted of possession of stolen property and defrauding the Ontario Lottery and Gaming Corporation.

Kathleen Chung

If the Chungs default, they’ll have to spend six more years in prison: The patriarch was sentenced to seven years in prison and his daughter was jailed for a four-year term last September.

“I see no reason why they should not be equally responsible for the outstanding amount ($4.6 million),” wrote Justice Gray.

“I  do not agree that all of the responsibility should be placed on Jun-Chul Chung,” added the judge. “The lottery funds were made out to Kathleen Chung and she was an active participant in securing the funds from the OLGC.”

The Crown already seized almost $8 million in assets in commercial properties and luxury vehicles from the father and daughter, so the prosecution sought  fines to make up for the $4.6 million balance.

 

Kathleen’s brother Kenneth Chung, 35, ran Variety Plus in Burlington where  his father worked part-time. Both father and son were found guilty in April of stealing lottery tickets during an eight-month period ending in February 2004.

Kenneth Chung only received a 10-month sentence because the judge concluded he played no role in the winning jackpot ticket theft.

The father and daughter, who are on bail, pending appeal, have seven years to pay the fines. The seven-year  period starts after the Chungs have been paroled.

spazzano@postmedia.com

 


Hit terrorist with 6-year prison sentence: Crown

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A Toronto man who tried to join Islamic State militants in Syria should be sentenced to six years behind bars, says a federal Crown attorney.

Pamir Hakimzadah, 29, pleaded guilty in early February to one count of leaving Canada to participate in a terrorist activity  and also admitted Tuesday to assaulting a Toronto woman in 2015 in an unrelated matter.

Crown attorney Chris Walsh told the sentencing hearing that no one knows how Hakimzadah became radicalized and expressed concerns over defence lawyer Luka Rados’s plan to deradicalize his client with psychiatric and spiritual counselling.

“This is new territory and it’s untested,” said Walsh.

Pamir Hakimzadah

Hakimzadah left Toronto in October 2014 and flew to Istanbul with the goal of finding a way into Syria to join the Islamic State of Iraq and the Levant.

A taxi driver in Turkey suspected Hakimzadah wanted to join the terrorist group and turned the Canadian into authourities.

Hakimzadah was returned to Canada where a family member implicated him.

Hakimzadah admitted he viewed Islamic State militant propaganda videos online and was sympathetic to their viewpoint.

Although higher courts have indicated that terrorists are worse than criminals “that doesn’t mean every terrorist deserves a higher sentence,” argued Rados. “We are asking for a lengthy sentence (of time served with three years and seven months of pretrial custody) for a remorseful, first-time offender for a fairly (unformed) offence.”

Justice John McMahon agreed with a Court of Appeal ruling that terrorists are worse then regular criminals and therefore deserve stiffer deterrent sentences.

“If you are going to join people who are going to kill, blow people up, rape children, have children execute other people, behead other people, I can understand why the Court of Appeal said what it said,” responded McMahon.

He’ll pass sentence  on Thursday.

spazzano@postmedia.com

Ex-husband terrorizes wife, strangling her in front of toddler

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Angel Payan Almendarez cannot remember strangling his estranged wife unconscious as their crying three-year-old child watched in horror.

And Anastasiya Payan Almendarez and their son cannot forget the terrifying ordeal — which she survived by “miraculous” luck, said Justice John McMahon.

He sentenced her abusive ex-husband to nine years in prison after convicting him Tuesday of attempted murder, breaking and entering  and unlawful  confinement for the Dec. 8, 2015 crimes.

“The young child is now constantly worried about losing his mom based on what he saw his dad do to his mom,” said McMahon.

“It was clearly by luck and not by design that the victim survived and he’s not charged with murder.”

The victim, 27, was twice strangled unconscious by Angel Payan Almendarez — the first time as their son, Aiden, watched and wept uncontrollably.

The husband, a 25-year-old Honduran immigrant, bullied his way into his wife’s Goldfinch Crt. apartment as Anastasiya, Aiden and her friend, Chrstine Rieck  tried to leave.

Rieck sent a previously-drafted text message to her husband before Angel “slapped the phone out of her hand” and crushed it.

Angel seized his wife’s cellphone, forced Rieck to the balcony and locked her outside.

He led his ex-spouse and child into the bedroom, where he hurled her on to the bed. He straddled and choked her. She offered no resistance to spare her child, court heard.

Once she was unconscious, he brought his son to the balcony and locked the boy and Rieck outside. Angel returned to the bedroom where his ex-wife regained consciousness.

He choked her again. She fiercely kicked him, but he subdued her.

While she was incapacitated, he tightly wrapped her face from chin to hairline in wide, clear plastic moving tape.

There were no breathing holes as he left her to die. He hid her body under a child’s bed and blanket.

Rieck’s husband and the building staffers searched the apartment twice before saving Anastasiya.

“Anastasiya’s face was completely flattened by the tightness of the packing tape. She was .  .  . unrecognizable. They thought she was dead,” court heard. “Once the tape was cut, she quickly regained consciousness.”

Anastasiya and Angel married on April 12, 2012 and on Aug 4, 2012, she gave birth to their son.

Their marriage deteriorated and by December 2015, the couple communicated through text messages in relation to their son. The  father had regular access each weekend and was returning the car seat when he attacked her, court heard.

spazzano@postmedia.com

 

 

 

Driver guilty of dangerous – but not drunk – driving in pal’s death

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A young driver who killed his pal in a Labour Day 2016 crash is guilty of dangerous driving causing death, a judge ruled on Wednesday.

Justice Jane Kelly said Warren Ferns, now 26, consumed three to four alcoholic beverages within a two-hour period before he lost control of his speeding 2004 Mazda 6 on Mount Pleasant Road in the early morning hours of Sept. 5, 2016, resulting in the death of his passenger, 28-year-old Akhil Sankeshwar.

But the judge acquitted Ferns of the more serious charge of impaired driving causing death.

Fern’s calculated Blood Alcohol Concentration (BAC) at the time of the crash was between 70 and 130 mg of alcohol in 100 millilitres of blood, Kelly said.

“The evidence regarding Mr. Ferns’ ability to drive while impaired is frail and insufficient to satisfy me beyond a reasonable doubt that his ability to operate a motor vehicle was impaired by alcohol,” the judge stated.

“The smell of alcohol on its own means that Ferns had consumed alcohol, but it is not proof that he was impaired at the time of driving.

“Further, bloodshot and glassy eyes as well as droopy eyelids and a red complexion could be a result of being involved in a traumatic collision,” noted Kelly. “Many of the ‘classic signs of impairment’ are absent here.”

Due to his G2 driver’s licence, Ferns was prohibited from having any alcohol when he got behind the wheel with three friends as passengers that night.

Ferns was working as a delivery driver at Marigold Indian Bistro. After his shift ended at 11:30 p.m., he and his pals had dropped into Crocodile Rock bar in the Entertainment District.

His vehicle was headed northbound near Roxborough Dr. shortly before 2:30 a.m. when it swerved, hit a light standard, rotated and crashed, court heard. Ferns was driving at least 76 km/h in a 60 km/h zone.

Sankeshwar had moved here from India three years earlier to study hospitality management at Lambton College. He worked as the night manager at the Courtyard Suites in Markham.

Kelly will sentence Ferns on May 6.

spazzano@postmedia.com

Strangled woman saved by sheer luck and friend’s quick thinking

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It was sheer luck — and the quick thinking of a friend — that saved a woman who was left to die after her three-year-old son witnessed unforgettable domestic violence.

Anastasiya Payan-Almendarez barred her estranged husband, Angel, from entering her North York apartment when he came to drop off a car seat for their, son, Aiden on the morning of Dec. 8, 2015.

Angel Payan-Almendarez, 25, was found guilty of attempted murder and other crimes this week by Justice John McMahon, who sentenced him to nine years in jail on Tuesday.

The story of how Anastasiya was saved by her friend, Christine Rieck’s resourcefulness was revealed in court.

Anastasiya invited Rieck for support that day because she didn’t feel comfortable letting her estranged husband  inside her apartment.

Rieck “texted her husband Ryan, to let him know where she was going and that she was concerned because Anastasiya’s ex-spouse Angel Payan-Almendarez, had been at her apartment,” court heard.

“She noticed the shadow of a person sitting in the stairwell. Both she and Anastasiya believed it was Angel,” court heard.

Rieck “drafted a text to her husband, asking him to come to the apartment and providing the buzzer code. She saved the draft,” court heard.

That move probably saved Anastasiya’s life.

When Anastasiya, Aiden and Rieck attempted to leave the apartment, Angel “very quickly” barged in, keeping them all inside, court heard.

Rieck quickly sent the drafted text to her husband before Payan-Almendarez knocked the phone out of her hand and stomped on it.

Payan-Almendarez forced Rieck onto the apartment’s balcony. He rushed his wife into the bedroom where he strangled her while their son watched and wept, court heard.

The victim was rendered unconscious. Payan-Almendarez took his son out to the balcony and locked him outside with Rieck.

The wife regained consciousness and Payan-Almendarez again choked her until she was unconscious, court heard.

Payan-Almendarez wrapped the woman’s head with plastic packing tape, covering her nose and mouth, court heard.

He then covered her body with a blanket and put a child’s bed on top of her before leaving, taking her keys and cellphone with him, court heard.

His son and Rieck remained locked out on the balcony until Rieck’s husband and the building superintendents arrived in time to save them all, court heard.

spazzano@postmedia.com

Alleged Mafia boss gets 10 years in historic case

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In a historic case, alleged ‘Ndrangheta “local crime boss” Giuseppe “Pino” Ursino was slammed with a 10-year penitentiary sentence for several charges linked to cocaine trafficking for a criminal organization.

Cosmin “Chris” Dracea, 42, of Toronto, who’s not a ‘Ndrangheta member,  received nine years as he was also convicted of charges related to drug trafficking, but acquitted on a charge of drug trafficking for a criminal organization.

“Their motive was greed. The product they trafficked and conspired to import is a blight on society,” said Justice Brian O’Marra.

“Those who traffick and conspire to import cocaine will face long definite jail terms. This is based on the dreadful toll of this drug on society.”

Cosmin “Chris” Dracea (Court exhibit)

The prosecution marked the first time in Canada the Calabrian-based ’Ndrangheta has been targeted as an organized crime group  since the criminal organization offence became law in 1997, said senior federal prosecutor Tom Andreopoulos.

The jury rejected both men’s testimony that they were “just talking” about a scheme to import cocaine and neither meant to execute the plans that “were so ludicrous that they couldn’t be taken seriously,” said O’Marra.

One of the unconsummated schemes involved importing hundreds of kilograms of cocaine in barrels of jerk sauce, in cardboard or in frozen fish.

Dracea said he concocted theses scenarios based on information from the Internet, movies and other sources.

The key Crown witness was an RCMP police agent, a career criminal who “surprisingly has no criminal record,” said O’Marra.

The agent, who’s in the Witness Protection Program, was in recorded conversations with both Ursino and Dracea in the sale of one kilogram of cocaine for $60,000 in December 2014.

Ursino, 65, moved from his native Italy to Canada in 1971 at age 18 and has been married for 40 years. His family described the Bradford resident as a “good-hearted, caring and gentle husband, father and grandfather.”

Ursino denied being a member, let alone, a boss of the ‘Ndrangheta.

The Romanian-born Dracea came to Canada in 2001 as a 25-year-old working for a cruise ship who claimed refugee status when it docked in Vancouver. The Canadian citizen married in 2009 and has two  children, ages six and three. His wife praised him as a wonderful father and husband.

Neither man had any prior criminal record.

spazzano@postmedia.com

ISIS terrorist hit with prison, deradicalization program

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A former engineering student who wanted to join ISIS could be paroled in as few as three months to start a “deradicalization” plan, a judge ruled Thursday.

Justice John McMahon sentenced Pamir Hakimzadah to four years and one month in prison –plus three years probation —  for  his terrorism crime. Once credit for time served is subtracted, Hakimzadah has six months remaining and could be paroled in three months.

Under a deradicalization plan, Hakimzadah will begin spiritual and psychiatric counselling during his probation.

McMahon noted Hakimzadah “never encouraged others to join ISIS” and accepted responsibility for his crimes,  agreeing to participate in the deradicalization process.

Pamir Hakimzadah

“I hope this is a pattern for the future,” said defence lawyer Luka Rados.

“There  is a need for deradicalization. We need to find a way for these people to be converted to law-abiding, normal Muslims.”

Hakimzadah, who worked as a math and science tutor for kids in Grades 8-10, never espoused his radical, terrorist views to his pupils, who branded him a good role model.

Documents obtained by Global News from his bail hearing indicated that in wishing to join ISIS, Hakimzadah, 29, said he wanted “four wives and several female slaves” and “he would be fulfilling the wishes of God to kill non-Muslims.“

On Oct. 22, 2014, Hakimzadah left Toronto on a flight to Amsterdam and then flew to Istanbul, reports Stewart Bell of Global News.

He was busted after a cabbie suspected he was attempting to join ISIS in Syria and turned him over to police, court heard.

Hakimzadah was not arrested by the RCMP until 2016, when he tried to board another flight to Istanbul.Hakimzadah pleaded guilty on Feb. 1 to leaving Canada to participate in terrorist activity.

spazzano@postmedia.com

Jailhouse beating lawsuit involving Rob Ford now settled

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The former common-law spouse of late-mayor Rob Ford’s sister has settled a $1.5- million lawsuit stemming from a jailhouse attack that left him badly injured.

MacIntyre alleged in a lawsuit filed in 2014 that while he was in custody at the Metro West Detention Centre in March 2012 for threatening the poltician, former Don Bosco football player Aedan Petros beat him after issuing a warning earlier for him “to keep his mouth shut.”

The lawsuit against Ford’s estate was dismissed last July with the consent of the parties, but it continued against the Ministry of Correctional Services. The  settlement’s terms are confidential.

Ford, who died of cancer in March, 2016, was a long-time football coach at Don Bosco. MacIntyre claimed Ford and Payman Aboodowleh, who helped him coach for several years, ordered the March 22, 2012, attack, which, he said, left him with a fractured left leg, facial cuts and dental damage.

Then-mayor Rob Ford laughs during a vote at city council on April 3, 2014. (Craig Robertson/Toronto Sun)

Four or more of his teeth were sheared at the gum line, the lawsuit alleged.

MacIntyre, then 46, was being held on allegations he uttered threats against the mayor while trying to recover a debt owed by Ford’s sister, Kathy. MacIntyre was sentenced to five months in jail on top of 197 days of pre-trial custody .

The lawsuit alleged two of Ford’s former players threatened MacIntyre after he threatened to expose Ford’s drug use and association with criminals.

MacIntyre was later attacked by one player and other unknown inmates outside the showers, according to the allegations.

The lawsuit claimed that despite while correctional officers normally monitor the showers, “nobody came to MacIntyre’s aid.”

He also wasn’t transported to hospital until 36 hours after he sustained his serious injuries, the lawsuit alleges.

He didn’t receive dental care for almost two months after the attack, according to the claims.

It also says the Ministry failed to protect MacIntyre and respond promptly to his medical needs after he was severely injured.

The ministry’s defence stated MacIntyre told the physician “he slipped and fell in the shower” and never mentioned any injury to his face or teeth.

Later, MacIntyre told guards there was a dispute over the use of a newspaper and a fight ensured in the washroom where he sustained injuries. MacIntyre refused to identity his assailant and press charges, stating he “wasn’t a rat” and  refused  protective custody, the  ministry alleged.

MacIntyre, a chronic drug user, had severely-decayed teeth and required a molar extraction and four root extractions by a dentist on Feb. 2, 2012 , six weeks before the alleged beating, the ministry alleged.

Rob Ford denies conspiring to beat his sister’s ex-spouse

Former mayor Rob Ford denied conspiring with ex-football players to attack Scott MacIntyre in a jail-house beating, court documents stated.

When MacIntyre broke into the Ford’s Etobicoke home, MacIntyre screamed: “You owe me money, your sister owes me money. If I don’t get it, they will kill me,” Ford alleged in a statement of defence filed in response to a lawsuit launched by MacIntyre.

MacIntyre’s own statements admitted others — not Ford, who died of cancer in 2016 — “apparently wished” to harm him in 2012. After MacIntyre left Ford’s house, he told a police officer he would kill the politician “either by decapitating him with a machete or by shooting him.”

That comment led to MacIntyre later pleading guilty to the threatening charge. But before that, he wrote a letter to the mayor’s sister and his ex-common-law spouse, Kathy Ford.

“Well, I sit in the can because your brother (THE RAT) picked up the phone and LIED!,” MacIntyre wrote in this letter. He threatened a “s—storm”  on Ford and vowed to make “claims against him if the charges weren’t dropped and would go to the media with exaggerated, embellished, fictitious or fabricated claims about Ford,” the documents alleged.

spazzano@postmedia.com

 

 


Police hunting alleged fake Uber driving rapist

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An Etobicoke man accused of posing as an Uber driver and raping a female passenger is now wanted by Toronto Police after he allegedly absconded on Family Day weekend.

Muhammad Fahad, 35, who faces sexual assault and theft under $5,000 charges, had been free on a $10,000 bail since he was arrested on Aug. 21, 2017.

Police are now searching for Fahad, who has family in Pakistan.

Police alleged a man impersonated an Uber driver and picked up a woman waiting for a ride outside The Rebel night club on Aug. 20, 2017.

The fake Uber driver brought her to a secluded  location where he sexually assaulted the 25-year-old terrified woman, police alleged.

The  man then dropped her off at her east GTA-area home but first he took her debit card from her purse and charged her ride.

Police found items consistent with a rape kit inside the vehicle of the alleged assailant when it was searched.

Fahad was released on bail conditions, including never working or holding himself out to be a driver or chauffeur. He is banned from The Rebel night club property on 11 Polson St. and was ordered to stay away from the alleged victim. He was supposed to deposit his passport and travel documents.

Fahad had previously worked as an Uber driver and a taxi driver, sources told the Toronto Sun.

His bail conditions also ordered him to stay at his Dixon Rd. home between 8 p.m. and 8 a.m. unless he was accompanied by one of  his four sureties.

Fahad never showed up at his Dixon Rd. apartment home on Family Day weekend, which violated his curfew condition. His four sureties – three  of whom lived with him – withdrew  a few days later.

Fahad had a trial date set for  February 2020.

spazzano@postmedia.com

Accused rapist wins new immigration hearing

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An Etobicoke man accused of posing as an Uber driver and raping a female passenger is a refugee claimant who alleges the Taliban marked him for death and terrified his family after he donated $700 to a Christian church in Pakistan.

Muhammad Fahad, whose refugee claim was denied last January, will have a new hearing — if  he  shows up.

Fahad’s appeal lawyer, Christina Gural, and Department of Justice counsel agreed adjudicator Rose Andrachuk made some mistakes in her judgment last January and both consented to a new hearing.

Fahad is on the lam after he allegedly absconded on Family Day weekend from sexual assault and theft charges stemming from an August 2017 incident.

Fahad, 35, a self-described liberal Sunni Muslim, wanted to marry a Lithuanian Christian woman. He fled his native Pakistan in January 2012 for Canada on a visitor’s visa. Within a week, Fahad pursued a refugee claim.

Earlier, Fahad upset his uncle by rejecting an arranged a marriage to his daughter, so his uncle spread false rumours that Fahad converted to Christianity, immigration documents revealed.

Fahad was subsequently fired from his job by his “fanatic Muslim” employer in United Arab Emirates, Fahad’s affidavit stated.

In January 2012, Taliban terrorists attacked his parents’ home by “forcefully trying to enter” and “shooting off gunfire” outside.

The next day, the Taliban threatened to “behead” Fahad as soon as they saw him, stated Fahad. Taliban gangsters kept terrorizing his  family to turn him over.

“The extremists demanded $4,000 Canadian from his family for the  unpardonable sin of donating funds to a Christian church, accusing him of  being an agent  of Christianity and threatening death,” Fahad said in his affidavit.

The family paid the ransom but the terror never stopped. In September 2013, four masked men invaded the parents’ home.

A fatwa — death sentence imposed by religious decree — was  imposed in April 2014. Fahad’s family posted a notice of disinheritance, but their Taliban tormentors never quit.

Two  masked home invaders struck in  October 2015, assaulting them and setting his house on fire, the documents stated.

Last January, the Immigration Refugee Board ruled that Fahad was not credible and denied his refugee claim.

Fahad has been free on a $10,000 bail since he was arrested on Aug. 21, 2017. Police alleged a man impersonated an Uber driver, picking up a woman waiting for a ride outside The Rebel night club on Aug. 20, 2017.

The fake Uber driver brought her to a secluded spot where the woman was sexually assaulted, according to police.

spazzano@postmedia.com

Toronto cop ‘hiding behind PTSD’ faces new charges, fellow cops want him out

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A troubled Toronto cop faces three new Police Act allegations of discreditable conduct, including shooting an illegal weapon in his neighbourhood and pepper spraying a handcuffed assault suspect in the back of his cruiser.

Matt Brewer, a downtown Toronto constable , is accused of Pepper spraying a suspect on Sept. 25, 2016 and profanely threatening to assault Staff Sgt. David Zebeski at 54 Division in July 2018.

Brewer accused Zebeski of having sex with Brewer’s wife.

Brewer was also accused on the same day of screaming “abusive and insulting” language at a woman inside the LA Fitness Club on Taunton Rd. in Whitby before making a mess while exiting the gym.

A Toronto Police officer wrote an anonymous letter to the Sun, urging TPS to fire Brewer.

“Unfortunately there are a few bad apples on the job who hide behind PTSD to justify their bad behaviour,” wrote the 15-year veteran cop.

“Matt Brewer is one of those officers who’s unfit to serve. We fellow cops are fed up with the deals he had been getting and don’t like that we all look bad because of what he did and does.”

In Nov. 2018, a police tribunal docked Brewer 40 hours pay for shooting his gun and having an illegal gun.

The police tribunal prosecution acknowledged Brewer “has an excellent work record with glowing evaluations, but has experienced a troubled personal life the past few years.”

In criminal court in 2017, Brewer — who joined the force in 2002 — pleaded guilty to common nuisance and possession of an unauthorised firearm and received a suspended sentence plus two years probation.

Justice Richard Blouin said Brewer brought a handgun into his bedroom where his spouse, a 51 Division cop, was sleeping.

Brewer then put the gun in his mouth and went outside, firing the weapon eight times into the sky, said Blouin.

Brewer was suffering from depression, alcoholism and PTSD at the time, court heard.

Beside his criminal record, Brewer admitted to drinking on the job and being disciplined for it in Nov. 2016, said Blouin.

Brewer’s fellow cops were outraged by his lenient treatment.

“That is SHOCKING and a DISGRACE,” the letter stated, adding that city cops are “disgusted with Brewer’s punishment and are disgusted” that he’s still on the job, working a soft TPS desk job.

Brewer’s use of pepper spray against handcuffed assailant Tyrone Hines was “excessive force and unjustified,” said Justice Blouin.

spazzano@postmedia.com

PTSD cop’s lawyer blasts anonymous critic for ignorance

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The lawyer for a troubled Toronto cop who faces three new Police Act allegations of discreditable conduct took aim at an anonymous critic who accused Const. Matt Brewer of hiding behind his PTSD.

“This outdated and discriminatory thinking is highly destructive because it silences those suffering from mental health challenges,” said Brewer’s lawyer David Butt.

“This comes at a time when everyone truly informed about the serious problem of first responders and PTSD  is encouraging those suffering to speak  up and seek help.”

He was responding to an anonymous Toronto police officer’s letter to the Toronto Sun, urging TPS to fire Brewer and suggesting he’s hiding “behind PTSD to justify their bad behaviour.” The letter also said Brewer has received lenient sentences by both  criminal courts and police  tribunals.

Butt said Brewer’s diagnosis of PTSD “was fully accepted” by both the TPS prosecutor and the adjudicator in Brewer’s previous discipline proceedings.

“This is the typical behaviour pattern of a bully, hiding like coward behind anonymity, and kicking a professional colleague when he is down,” said Butt. “The  public should not be deeply concerned about officers who suffer from, and seek help, for PTSD.”

In Nov. 2018, a police tribunal docked Brewer 40 hours pay for shooting his gun and having an illegal firearm.

Brewer is accused  of pepper spraying a handcuffed assault suspect in his cruiser on Sept. 25, 2016 and threatening to assault a senior officer at 54 Division in July 2018 after accusing him of having sex with Brewer’s wife.

Brewer was also accused on the same day of screaming “abusive and insulting” language at a woman inside the LA Fitness Club in Whitby.

In criminal court in 2017, Brewer — who joined the force in 2002 — pleaded guilty to common nuisance and possession of an unauthorized firearm and received a suspended sentence, plus probation.

Justice Richard Blouin said Brewer lied that handcuffed suspect Tyrone Hines was resisting and trying to escape from the cruiser to justify his excessive use of force by pepperspraying him.

spazzano@postmedia.com

‘HER SOUL WAS CAPTURED’: Pimp gets five years for trafficking 16-year-old girl

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A 16-year-old human trafficking victim says her ordeal left her so depressed it felt as if “her soul was captured,” a court has heard.

Henry Borrego was sentenced to a mandatory minimum of five years in prison Wednesday for coercing the school girl into the sex trade for an 18-day period.

The victim says the degrading experience squandered her “innocence.”

Borrego, 25,  pleaded guilty last fall to one count of human trafficking of a minor in March 2016. Given credit for time he has already served behind bars since his arrest, Borrego has 20 1/2 months left to go of his sentence.

Justice John McMahon said the victim — whose identity is covered by a publication ban — was a “high school student whom Borrego coerced into the sexual trade.

“It’s extremely aggravating the degree of planning used to get the victim by having her girlfriend set up a phone call,” said McMahon.  Borrego picked her up in his vehicle under the ruse of  giving her a lift to her friend’s home, but he seized control of her, court heard.

Borrego took the victim’s cellphone, created and posted ads, set the rates and restrictions and ordered the teen to accept clients that wanted anal sex, said Crown attorney Corie Langdon in reading an agreed statement of facts.

“You’re pretty, you can make a lot of  money, as long as you don’t  disobey me,” Langdon quoted Borrego as telling the victim. “She told the accused she wasn’t interested.”

The career criminal, who has convictions for assault, drug trafficking and robbery, wouldn’t take no for an answer.

“I was isolated from my friends and family, which gave me a feeling of depression like my soul was captured,” the teen stated in a victim-impact statement which was submitted to court.

She serviced an elderly man at a retirement home for $120 and slept with 10 clients at a low-end downtown Toronto hotel over one five-day period, earning Borrego $1,000, said Langdon. The victim escaped by e-mailing her  boyfriend  from the  hotel  computer.

Borrego, who  emigrated with his  single  mom from Chile as a five-year-old, earned his high school  diploma in jail and vowed to become a law-abiding lifestyle.

“Mr. Borrego is very remorseful for his role and has been doing everything in his power to distance  himself from the man he used to be,” said his lawyer Gavin Holder.

spazzano@postmedia.com

Accused in Hells Angel slaying linked to Montreal gang with HA ties

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Two Montrealers with lengthy criminal records and gang ties are among three suspects implicated in this week’s gangland execution of an Ontario-based Hells Angel member in Mississauga.

Michael “Diaz” Deabaitua-Schulde, 32, a “well-entrenched member” of the Niagara chapter of Hells Angels, was gunned down in a targeted strike Monday at 11:20 a.m. in the parking lot at HUF Boxing Gym on Dundas St. E. near  Cawthra Rd.

Two suspects arrested in Montreal were transported to the GTA on Friday. A third suspect is wanted on a Canada-wide warrant.

Marckens Vilme, 28, is charged with first-degree in the brazen daytime killing.

According to La Presse in Montreal, Vilme has had ties with the Ruffriders, a street gang based in the West Island that has worked under the Hells Angels.

Vilme pleaded guilty in Montreal in June 2011 to several charges, including cocaine trafficking and firearms offences, landing him a 21-month prison term.

He was out on parole from those crimes when he was pulled over on Nov. 23, 2012, by Montreal-area police who noticed the car he was in was driving erratically in St-Zotique.

While cops dealt with the two other occupants, Vilme drove off and crashed the vehicle after a police chase.

Vilme pleaded guilty again and was tagged with a 40-month prison term. He has also been on probation since November for threatening a man in Montreal last July.

Brandon Reyes, 24, is charged with accessory after the fact to murder.

He was initially misidentified as Jonathan Martinez Reyes, 26, based on the name and age he provided at the time of his arrest, but Peel Regional Police corrected that information Friday.

A Brandon Reyes, 24, was busted last June on human trafficking charges in Brampton while still serving the last few months of a six-year sentence for a slew of armed robberies in the Montreal area imposed in June 2017.

A Brandon Reyes, of Montreal was arrested in Mississauga as a 23-year-old on charges of assault, trafficking in persons and unauthorized possession of a firearm on Friday, June 8, 2018. But Peel Regional Police refuse to confirm it’s the same Brandon Reyes, now 24, who faces accessory after the fact to murder in connection with the killing of Hells Angels member Michael “Diaz” Deabaitua-Schulde, 32, on Monday, March 11, 2019. (police handout)

Reyes, who received credit for time already served and had only 14 months remaining in his sentence, is scheduled to appear in Brampton court on April 16 for the human trafficking and gun charges.

Peel cops refused to confirm he is the same Brandon Reyes now charged in connection with the outlaw biker’s murder.

The third suspect — Joseph Pallotta, 38, also from the Montreal area — is wanted for first-degree murder and is considered armed and dangerous.

Police have refused to say if all three suspects were at the murder scene Monday.

But cops have said both Vilme and Reyes “are believed to be members of organized crime.”

A GoFundMe page set up in an effort to help Deabaitua-Schulde’s grief-stricken spouse and two young kids has so far raised more than $17,000.

“Diaz was taken from us suddenly and tragically,” the GoFundMe states. “We would like to try and raise some money for his children. Any help would be appreciated.”

Hells Angels’ symbols adorn the page with the victim’s photo.

— With files by Montreal Gazette

spazzano@postmedia.com

Chair thrower tossed out of dental hygienist school: Lawyer

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A 19-year-old woman who allegedly hurled a chair over a highrise balcony down to Maple Leaf Square has been expelled from her dental hygienist course.

Marcella Christianna Zoia, 19, never appeared for her case at Old City Hall but her lawyer Gregory Leslie said his client has suffered consequences since last month when Toronto Police charged her with mischief endangering life, mischief damage to property valued under $5,000 and being a common nuisance.

“She was expelled from her course and that’s very unfair,” Leslie told reporters Friday.

Greg Leslie, lawyer for Marcella Zoia, 19, speaks outside Old City Hall court about his client, aka Chair Girl, on Friday, March 22, 2019. (Jack Boland/Toronto Sun/Postmedia Network)

“Where’s the presumption of innocence for a young lady who made a mistake”  when she pitched a chair over the 55 Bremner Blvd. balcony, said Leslie.

“She’s upset and very remorseful. She wants this matter to be over with. It will be resolved in a way that benefits her and society,” said Leslie. “It has been extremely embarrassing for her and she has lost a lot of friends.”

“If the Crown is expecting my client to go to jail, then we will absolutely go to trial. We don’t want  to go to trial,” said Leslie.

He added that Zoia, who works as a bottle server at high-end bars, was under strong pressure from others to launch the chair.

A person of interest is being pursued by the police in the ongoing investigation, but that man is not forthcoming at this stage, said Leslie.

Video of the notorious chair toss went viral.

Police issued a call for public help identifying the woman shown throwing the chair, which missed the Gardiner Expressway and crashed to the street below.

Leslie said his client just turned 19 in November and her outwardly-happy exterior after the bail hearing doesn’t show the emotional turmoil and distress she has experienced since last month.

Zoia was released on a consent bail of $2,000 and was ordered to live with her mother.

Her case returns to court April 26.

spazzano@postmedia.com


Paralegal’s representative calls corruption charges ‘preposterous’

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Criminal charges of ticket-fixing against a York Region prosecutor are “meritless and preposterous” and should never have been laid, a Law Society of Ontario discipline tribunal heard Friday.

Frank Alfano, who represents former provincial prosecutor Catherine Petrolo, was opposing the temporary suspension of her paralegal licence at the tribunal after his client was charged criminally for allegedly fixing tickets in exchange for a computer, tablet and a Yorkdale gift card.

“Prominent, experienced criminal defence lawyer Alan Gold stated that the criminal allegations are meritless and should never have been laid,” said  Alfano. “Gold also stated that he believes the Crown will be unable to prove these allegations beyond a reasonable doubt.”

“What do you expect from a defence lawyer?” asked tribunal chair Barbara Murchie.

Alfano responded that Gold “goes much deeper than that” analyzing how Petrolo dealt with four individuals, reviewed their statements, concluding “these charges as alleged simply cannot be made out.”

Petrolo, 36, has been a licensed paralegal since 2011 and was earning more than $100,000 a year when she was fired by the regional prosecutor’s office in October after being snared in an 10-month investigation called Project Tadeu that also landed York Regional Police Const. Richard Senior in trouble.

Petrolo was charged with breach of trust and obstructing justice for fixing tickets. Senior, 44, is facing 30 criminal charges, including trafficking cocaine.

In one case, Petrolo was messaged by Senior and allegedly agreed to lower a speeding ticket down to 15 km/hr over. Petrolo was terminated and the case was given to another prosecutor who also trimmed the ticket to 15 over, the tribunal  heard.

“The resolution for the speeding was exactly the same. It was the same as those done, day in and day out,” said Alfano. “Either they (all prosecutors) are in on it, or these are just average everyday deals that prosecutors make.”

There was no evidence that Petrolo received any benefit. She agreed not to practice as a paralegal until the tribunal gives a decision.

Law Society discipline paralegal Kristina MacDonald wanted to suspend or restrict Petrolo’s practise to prevent “significant harm to the public and the administration of justice.”

“Are you telling us if you do a favour for a friend, you can lose your licence?” asked Murchie.

“When you are doing it in this fashion, you are circumventing justice, ” said MacDonald.

“You’re looking for the professional equivalent of capital punishment,” Murchie told MacDonald.

The tribunal has reserved its decision.

spazzano@postmedia.com

PRISONER OF LOVE: Guard allegedly drove getaway car for jailbird boyfriend

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Corrections officer Sukhpreet Singh became a prisoner of love after falling for brawny bandit Tatum Ogden — an inmate at Toronto South Detention Centre where she worked.

Now, she’s just a prisoner.

The suspended jail guard is living on the wrong side of the bars as an inmate at Vanier Centre for Women in Milton.

Singh is accused of two counts of robbery for allegedly using her mom’s black Jeep Wrangler and acting as Ogden’s getaway driver in two — one an armed holdup at a Brampton subway shop on March 13, the other a violent robbery at a Huntsville business on March 16.

Singh, who was working as an exotic dancer, lost her bid for freedom on Thursday. Justice Joseph Bovard denied her bail at College Park saying the Crown’s case against her wasn’t “overwhelming, but was close to it.”

There was no publication ban to the proceedings.

Her lawyer Gurbir Singh said he’ll vigorously defend her against the allegations and will likely appeal the bail decision to a higher court.

“She has an impeccably clean record, as all jail guards must have. She should be granted bail,” her lawyer maintained.

Ogden befriended the 24-year-old beauty while serving time last year, said Bovard. She reported to her superiors that Ogden was calling her cellphone.

Suspended Toronto jail guard Sukhpreet Singh, 24, faces charges for allegedly acting as her 32-year-old boyfriend Tatum Ogden’s getaway driver during robberies.

She was suspended from duty last fall for fraternizing with the career criminal, who has a lengthy record and five firearms prohibitions. She’s grieving that suspension.

Ogden, 32, is charged with a dozen robberies — including a break-and-enter at Singh’s father’s Tandoori restaurant in Brampton where he allegedly snatched $100 while an unidentified blonde woman kept watch.

He allegedly used her mom’s vehicle in many of his holdups, but Singh is only accused of involvement in two robberies.

When Peel Regional Police tried to arrest Ogden on Rainforest Dr. — where he and Singh were living — after he allegedly stole $200 from a sandwich shop on Kennedy Rd. S. on March 13, cops claim he smashed the car into their cruisers.

He broke free, sped away in a dangerous and reckless manner and evaded his pursuers. But Ogden was later captured and remains in custody.

Singh, who sports blonde and black streaked hair, is a former teenage boxing champion.

She once aspired to become a cop, enrolling in the Police Foundations college course and working several security jobs before starting at Toronto South in October 2017.

In November 2018, police allegedly found Ogden beside the Wrangler, which was the suspected getaway car from a recent LCBO theft. Singh allegedly identified herself as a correctional officer from Toronto South and flashed her badge.

Ogden allegedly identified himself as “Andrew Tynes,” but two weeks later, cops determined he was a suspect wanted on a warrant.

“She shielded him from the police using her status as a correctional officer when he gave a false name,” said Justice Bovard.

Suspended Toronto jail guard Sukhpreet Singh, 24, faces charges for allegedly acting as her 32-year-old boyfriend Tatum Ogden’s getaway driver during robberies.

Singh allegedly told police that while she was waiting as Ogden’s driver, expecting him to pick up drugs. But when she allegedly saw him run out carrying a cash drawer and screaming, “Drive, drive,” she quickly changed her mind, said Bovard

After the March 13 Brampton subway shop robbery, Singh travelled with Ogden to Huntsville but she never attempted to flee or notify police, added Bovard.

In Huntsville, it’s alleged Ogden and another suspect inflicted serious but not life-threatening injuries on a robbery victim on March 16. The victim’s face had impressions of his assailants’ footwear.

Singh was granted bail in Huntsville but was held on her GTA charges for a bail hearing on Wednesday. She separated last year from her husband — the father of her three-year-old daughter and the son of her boxing coach.

As she was being led in handcuffs out of the downtown Toronto courtroom Thursday, she turned and sobbed to her family: “I didn’t do anything.  I didn’t do anything.”

spazzano@postmedia.com

McArthur’s penitentiary life will be bleak, dangerous: Prison expert

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When he was free, sadistic serial killer Bruce McArthur was a chameleon who concealed his murderous life with an outwardly jovial personality as both a landscaper and a Santa Claus.

As he enters his new life as a federal inmate, the 67-year-old will find few places to hide for the rest of his life — or, at best the next 24 years.

That is, if he lives that long in the dangerous prison world.

He has hidden his sick motives for his despicable crimes, but he may have to reveal that in prison — if he ever hopes to keep his wafer-slim hopes of parole alive.

McArthur recently finished his first month at Millhaven prison, where he has been undergoing a complete assessment since Feb. 8 — the day he was sentenced for eight counts of first-degree murder for killing innocent men he lured with sex.

He strangled then systematically dismembered his victims before performing further indignities, said Justice John McMahon.

The assessment will analyze McArthur’s needs and risks for up to 90 days before Correctional  Services of Canada creates a Correctional Plan for him, said CSC spokeswoman Lesley Kenyon.

Most likely, McArthur will be placed in solitary confinement — or administrative segregation as CSC calls it.

Millhaven Institution in Bath, Ont.

And there he will remain until CSC determines it’s safe for him in regular population, but that may require a move outside Ontario where he’s not so notorious.

If McArthur “cascades” to regular population, he’ll have a better chance of receiving programming and enhance his minuscule chances of parole.

There, he’ll undergo group counselling to understand his “aberrant behaviour,” said Kenyon.

“We look at their pattern of behaviour linked to their crimes and try to change the cycle of their thinking. We teach them coping skills to break the cycle.”

Inmates and civilians equally loathe McArthur, says Lee Chapelle — a Toronto-based consultant who founded Canadian Prison Consulting, which provides public safety training for the Ministry of the Attorney General and counsels inmates on improving their chances of obtaining parole.

He served 20 years, 11 months and 13 days in prison — mostly for property crimes, doing what he called “life imprisonment on the instalment plan.”

He founded his firm upon his release in 2010.

McArthur is  heading to solitary confinement due to the enormous publicity on his horrific crimes, says Chapelle.

“He’d be killed in the general population,” he said, who served time in Archambault (Que.), Millhaven, Collins Bay, Joyceville and Beaver Creek.

“His crimes are so heinous that regular bandits and burglars who have wives and children would be outraged that he murdered and dismembered desperate men.

“He’s a perfect case for why they cannot abolish solitary.”

Prisons are harsh, depressing and toxic environments, said Chapelle.

Lifers generally die in their 50s and 60s after having spent 30-plus years behind bars.

His grim description is borne out by the shocking murder and suicide states for federal inmates.

The homicide rate on the inside was about 14.3 per 100,000 between 2006 and 2016, according to CSC documents.

That’s compared to Canada’s federal homicide rate, about 1.7 per 100,000 — the prison rate is more than seven times higher.

And the prison suicide rate was a staggering 18.1% over the same decade.

spazzano@postmedia.com

PRISON FACTS

• One quarter of all federal inmates are lifers or dangerous offenders

• There are 22 inmates serving a life sentence (usually for murder) and an indeterminate sentence for being a Dangerous Offender (DO) — the most notorious being Paul Bernardo, who consented to dangerous offender status after being convicted of two counts of first-degree murder in 1995

• There are also 113 DOs serving determinate sentences

• Almost one-quarter (23.8% or 5,492) of all 23,405 federal inmates are serving either life or indeterminate sentences

• Of that total, 3,621 (66%) are in prison while 279 (5%) are on day parole, and 1,592 (29%) are on full parole

• A life sentence lasts the offender’s entire natural life, ending only at their death

• There are no such thing as consecutive life sentences in Canada

Tattoo client admits role in murdering owner in home invasion

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A Toronto-area man admitted Tuesday he assaulted and restrained a mortally-wounded tattoo parlour owner during a deadly home invasion robbery.

Kyle Schindermann, 34, pleaded guilty to second-degree murder in the greed-fuelled, fatal stabbing of Wasfi Ghalban, 47, on Dec. 1, 2014 at the Palestinian immigrant’s home at 200 Wellesley St. E.

His co-accused Lance Burkhard was convicted of first-degree murder last December and is serving a life sentence without parole for 25 years for the slaying of the unarmed man.

Ghalban lived alone and kept large sums of cash at home from his illegal activities which included selling phony IDs to underaged teens, court heard.

Court heard Schindermann owed money to drug dealers, and his tattoo artist, Philip Frauts — who worked at Ghalban’s Ultimate Tattoo parlour — said Ghalban had previously been robbed but never reported it to police.

Justice John McMahon will give the killer a life sentence on Wednesday and impose parole ineligibility between 10 and 15 years.

In an agreed statement of facts read in court on Tuesday, the Crown said Burkhard stabbed Ghalban while both were outside on the balcony while Schindermann was inside the apartment, trying to retrieve zip-tie handcuffs to restrain Ghalban.

“(Ghalban) is covered in blood and I said, “What the f–k did you just do? Like, I’m about to leave, and (Burkhard said), ‘you leave me I’m gonna f–king kill you,’ so I just held the guy down while he searched and grabbed everything and then we left,” Schindermann told an undercover cop who posed as a shady businessman, court heard.

The confession came when Schindermann discussed his role in the murder with undercover police officers, including one posing as Ghalban’s Russian girlfriend.

Schindermann spent his share of the robbery windfall by paying off his drug debts and credit card bills, giving Frauts $27,000 and taking a holiday in Jamaica, court heard.

“Schindermann knew, after the stabbing … but while Ghalfan was still alive … bleeding profusely, grievously injured. Schindermann’s actions (assaulting and preventing his escape) contributed to his death,” court heard.

When Ghalban arrived home, Burkhard and Schindermann ambushed him and forced him inside where they beat him, court heard.

Ghalban was stabbed once in the neck and bled to death on his living-room floor.

Burkhard and Schindermann made off with $162,000 but left $240,000 behind because the victim tried to escape and was killed in the ensuing struggle.

spazzano@postmedia.com

 

Tattooist’s killer must wait 11 years for parole: Judge

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A Toronto-area man who assaulted and confined a mortally-wounded tattoo parlour operator during a deadly home invasion robbery must wait 11 years before he can seek his freedom.

Justice John McMahon said victim Wasfi Ghalban died a slow and agonizing death after he was stabbed in the neck by Lance Burkhard and  held captive and roughed up by Kyle Schindermann on Dec. 1, 2014.

Schindermann, 34, had previoulsy pleaded guilty to second-degree murder, leaving McMahon to determine Wednesday how much time he must spend in prison before applying for parole. Burkhard was convicted by a jury last December of first-degree murder and was automatically sentenced to life with no chance of parole for at least 25 years.

“He was attacked, beaten, stabbed by Burkhard and then held by Schindermann as the lifeblood was drained out of his body,” said McMahon. “The accused and others showed callous disregard for the deceased who was left to die and be discovered two days later.

“Mr. Ghalban didn’t die an easy or painless death. He was robbed and killed in the sanctity of his own home, an extremely aggravating feature, since the sanctity of one’s home is important to everyone,” said McMahon.

The judge upped Schindermann’s parole ineligibility by a year over the minimum of 10 years sought by his lawyer, Brian Ross, and one year less than the 12 years to 15 years requested by Crown attorney Mary Humphrey.

Ghalban lived alone and kept large sums of money at his Wellesley St. E. apartment, including cash obtained by selling phony IDs to underage teens, court heard.

McMahon said the violent home invasion was motivated by greed as Schindermann, who had no previous criminal convictions and a stable, steady work record, owed heavy debts to drug dealers.

Schindermann spent his share of the robbery proceeds — $81,000 — paying off drug and credit card debts, giving another co-accused $27,000, and enjoying a Jamaican holiday.

spazzano@postmedia.com

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