Man who tried to stab police with sword freed
19-year-old avoids more jail, credited with time served after six-month crime spree
Northern News Services
Wednesday, June 29, 2016
SOMBA K'E/YELLOWKNIFE
A man who thrust a sword through a door while police officers were attempting a drug raid at a downtown apartment building is a free man after a judge credited him with time served while awaiting his sentence.
Tevin McNeely of Fort Good Hope has been in and out of jail since the Aug. 5 incident at Lanky Court when he rammed the blade through a slightly ajar door that had been barricaded by a couch. An RCMP news release at the time stated McNeely was purposely trying to stab officers with it.
The 19 year old was sentenced in territorial court Monday after previously pleading guilty to seven charges laid over a six-month period starting with last year's sword incident. They include two thefts, three counts of breaching court orders, which included twice getting caught drinking alcohol, failure to appear in court and assaulting a peace officer with a weapon.
"A strong message needs to be sent," said Crown prosecutor Brendan Green during sentencing, although he later told Yellowknifer the Crown doesn't believe McNeely intentionally tried to injure police but only scare them away from the door.
The court heard that the sword missed Const. Christopher Watson's stomach by mere centimetres.
Green described the sword to Yellowknifer as larger than a knife but said he didn't know much about it beyond that. He also wasn't sure if McNeely was a resident of the building.
Police found a small amount of marijuana during the raid.
McNeely also admitted he and two others went through the self-checkout at Canadian Tire carrying a number of items but didn't pay for them. He was arrested for that crime on Oct. 1.
On Oct. 15, RCMP were called to respond to a report of an erratic driver. Police located the vehicle on 54 Street and found McNeely and another person walking away from it.
It was later discovered the car belonged to McNeely's mother. The officer could smell alcohol on McNeely and he was subsequently charged with breaching a court order not to drink handed down during a previous court appearance.
Not long after, McNeely was charged yet again with theft, this time for stealing a bottle of vodka from the downtown liquor store.
On the Jan. 26, after responding to a report of a stolen vehicle, McNeely was found with bloodshot eyes and smelling of alcohol. He was once again charged with breaching the order not to drink alcohol.
In February, McNeely was ordered to live with a resident in Fort Good Hope and report regularly with a police officer. He was charged with breaching the court order after Fort Good Hope RCMP told the Yellowknife detachment that McNeely never reported to them.
McNeely was also charged with a failure to appear in court after his case was adjourned to March 2.
"He was given multiple chances," said Green, when it came time for sentencing.
The Crown asked for eight to 10 month in jail, followed by a year's probation and fines totalling $1,500.
McNeely's lawyer Gary Wool cited the man's difficult childhood, which included violence at home as a child, his early alcohol abuses and lack of education.
Judge Robert Gorin said he wouldn't sentence McNeely for what might have happened with the sword but also couldn't ignore his reckless behavior. He did note McNeely's lack of criminal history prior to the sword incident as a mitigating factor.
Gorin subsequently sentenced McNeely to six months in jail but granted him time and a half for the 120 days he spent in pre-trial custody - meaning he was free to go.
The judge did sentence him to one year of probation effective immediately and ordered him to undergo any counselling or treatment advised by his probation officer. He also banned from possessing firearms for five years and must pay $900 in fines.
Gorin also banned him from entering either the liquor store and Canadian Tire.
"Sorry for what I done," McNeely said before the judge sentenced him.
