Woodstock Provincial Court: 18-year-old faces charges related to high school lockdown, Bath woman facing driving offences

by | Nov 4, 2023

Charges laid following lockdown at Tobique Valley High School

An 18-year-old from Plaster Rock appeared in provincial court in custody on Nov. 3 to answer charges related to a lockdown on Thursday at Tobique Valley High School.

David Fleming was released with conditions and returns to court for plea on Nov. 21 at 9:30 a.m. RCMP charged him with three counts of uttering threats against three female victims on Nov. 2 at Plaster Rock.

As part of his release, Associate Chief Judge Brian C. McLean ordered him to stay away from Tobique Valley High School and the residences of the three complainants. He must have no contact with any of the complainants and cannot have firearms or weapons in his possession.

Sheriffs escorted Fleming into court in handcuffs and shackles. He stood before Judge McLean and told the court he understood the charges and the conditions of his release. McLean advised Fleming an arrest warrant would be issued should he breach any of the terms of his release.

Charged with transmitting intimate images

Michael Anthony Allain, 52, of no fixed address (Alberta), will appear for trial in provincial on Aug. 15-16, 2024, at 9:30 a.m. on an indictable charge of knowingly transmitting intimate images without consent.

Defence Counsel Peter Crocco entered a not-guilty plea on Allain’s behalf during a court appearance on Oct. 31. Allain was charged by Woodstock Police in connection with incidents involving a female victim between April 3 and April 7 in Woodstock and Fredericton.

Woodstock woman facing new charges

Krista Lynn Turner, 43, of Woodstock, appeared in provincial court in custody by video on Nov. 3 after being arrested on two new charges laid by Woodstock Police.

Turner was charged with assault and breach of a release order following an incident on Nov. 2 in Woodstock. She was released with conditions and returns to court for plea on Nov. 21 at 9:30 a.m.

Turner was ordered to stay away from a Grover Street residence, must have no contact with the male complainant, and must report to the police weekly.

She will also appear for trial in provincial court on April 8, 2024, at 9:30 a.m. after pleading not guilty to two other charges laid by Woodstock Police. She entered her plea at a court appearance on June 13.

Turner was charged with assault with a weapon (shards of glass) and breach of an undertaking concerning incidents on April 29 and April 30 in Woodstock. 

Turner appeared in provincial court in custody by video on May 4 for a bail hearing and was released with conditions. She was taken back into custody this week.

Bath woman charged with driving offences

Delta Joy Bowmaster, 44, of Bath, will appear in provincial court on Nov. 28 at 9:30 a.m. for plea on charges laid by RCMP.

Bowmaster was charged with impaired driving, impaired driving causing bodily harm, and reckless endangerment involving a minor following an incident on May 11 at Odell. She made her first court appearance on Oct. 31, when the matter was adjourned to the new date.

Florenceville-Bristol man charged with assault

Jordan Ronald Broad, 29, of Florenceville-Bristol, will appear in provincial court on Nov. 28 at 9:30 a.m. for plea on three charges laid by RCMP.

Broad was charged with assault, uttering threats, and assault by choking involving a female victim concerning an incident on Oct. 8 in Florenceville-Bristol. He made his first court appearance on Oct. 31, when the matter was adjourned to the new date.

In custody awaiting plea

Wyatt DeLong, 28, of Cloverdale, appeared in provincial court in custody by video on Nov. 3 for 

plea on four charges. His matter was adjourned until Nov. 23 at 9:30 a.m. at the request of his defence counsel.

DeLong was charged with discharging a firearm with intent, flight from police, dangerous driving and breach of probation, in connection with an incident on July 14 at Florenceville-Bristol when shots were allegedly fired at a police officer.

Janis Buchanan, 28, of Perth-Andover, appeared in provincial court in custody by video on Sept. 26 and pleaded guilty to robbery with violence for an incident on May 29 at Florenceville-Bristol. She was sentenced to two years in federal prison on Oct. 24.

DeLong and Buchanan were arrested after a manhunt in Victoria County concerning a series of incidents in the upper river valley.

Drug trafficking charges withdrawn

Jamie Kyle Tomah, 38, of Woodstock First Nation, appeared in provincial court in custody on Nov. 3 after he failed to appear for his trial the day before. He was arrested on a warrant by sheriffs after turning himself in at the courthouse.

Tomah pleaded not guilty to two drug trafficking charges laid by RCMP. He was charged with possession of methamphetamine and possession of cocaine, both for the purpose of trafficking, in relation to an incident on June 3, 2022, in Hartland. His two-day trial was set for Nov. 2-3 at 9:30 a.m.

On Nov. 3, Federal Crown Prosecutor Jillian Jordan told the court via teleconference the crown would not be calling any evidence for the trial and the drug trafficking charges against Tomah were withdrawn. Tomah was released from custody.

90 days in jail for assaulting senior

Steven Frank Powers, 59, of Plaster Rock, appeared in court in custody on Nov. 2. He was sentenced to 90 days in jail, minus time served, after pleading guilty to two charges laid by RCMP. He was also placed on probation for 12 months.

RCMP charged Powers with assault and breach of probation for an incident on Oct. 9 in Plaster Rock. He was released from custody on Sept. 26 after serving time on other charges.

The court heard Powers assaulted an elderly woman by grabbing her wrist and slapping her face during an incident on Thanksgiving weekend. He was ordered to have no contact with the victim and to stay away from a residence in Plaster Rock, where the incident occurred.

Sentencing still delayed in case of child luring

Legal arguments about a Charter challenge before the Supreme Court of Canada led to another further delay in sentencing for a Meductic man on Nov. 1.

Brian Trevor Fox, 47, of Meductic, has been awaiting sentencing in provincial court for several months after pleading guilty to luring a minor online.

Judge Sebastian Michaud adjourned the matter again for monitoring until March 21, 2024, at 9:30 a.m. in anticipation of a decision from the Supreme Court.

Fox pleaded guilty to using a computer system to lure a child (female minor) in connection with incidents between Nov. 1 and Nov. 26, 2019, at Meductic. The crown withdrew three other charges laid by the RCMP.

The Supreme Court is currently examining the constitutionality of the minimum mandatory sentence of six months in jail on summary conviction for the offence of child luring. The appeal to the Supreme Court was filed as a result of another case of child luring in Quebec. The Supreme Court heard that matter on Feb. 15 and reserved its decision.

During a hearing in March, Defence Counsel Robert Digdon argued Fox’s sentencing should be set aside until the Supreme Court renders its decision, noting the appeal out of Quebec relates to the specific section of the Criminal Code under which Fox was charged. The defence lawyer said all provinces would apply the ruling once the Supreme Court decision was made.

Crown Prosecutor Karen Lee told the court in March the Charter challenge before the high court was moot because the crown was recommending a “fit and just” sentence above the mandatory minimum on summary conviction. She said every case of child luring should not have to wait for the Supreme Court decision; otherwise, victims are left waiting for justice, and an overloaded judicial system would be pressured with even greater delays. Lee argued that “waiting was convenient for the defence but unfair to the victim or the system.”

In December, Lee requested nine to 12 months in jail for the accused as well as an order for him to register with the federal DNA database and the national sex offender registry. She also recommended he undergo counselling and assessment for sex offenders. 

Lee said any materials used in committing the offence should be forfeited to the crown, including his cell phone.

Graphic evidence submitted by the crown included transcripts of several sexually explicit messages and photos exchanged between Fox and the victim during online conversations on Facebook over a two-month period.

Digdon asked for a conditional sentence of house arrest or an intermittent sentence to be served on weekends so his client could continue his employment and support his family. Fox has no prior criminal record, and he had no physical contact with the victim.

On Thursday, Fox told the judge he understood the minimum punishment required by law for his crime was being tested at the Supreme Court, and he agreed to another delay in sentencing.

Youth to stand trial in Ribfest incident

A 17-year-old male youth from Woodstock appeared in provincial court on Nov. 1 and pleaded not guilty to charges related to an incident during Ribfest at Connell Park. His trial date was set for May 22-23, 2024, at 9:30 a.m.

The youth was charged by Woodstock Police with assault, uttering threats, possession of weapons dangerous to the public peace (knives, swords and a firearm) and possession of break-in tools following an incident at Ribfest on July 21 at Connell Park.

He also pleaded not guilty to assault with a weapon, possession of a weapon dangerous to the public peace and concealing a weapon (a knife) concerning an earlier incident at Woodstock High School on March 28. Another trial date was set for Aug. 3, 2024, at 9:30 a.m.

The youth appeared in provincial court in custody by video on Aug. 29 for a fitness hearing following his 30-day mental health assessment. He was found fit to stand trial and was released with conditions.

Associate Chief Judge Brian C. McLean ordered the youth to seek counselling for mental health and addiction during his release. A publication ban protects the identity of the accused because he is under the age of 18.

Trial adjourned due to absence of accused

Harlie Dominique Scott, 23, of Fredericton, was scheduled to appear for trial in provincial court on Nov. 1 after pleading not guilty to three charges laid by Woodstock Police.

The court heard Scott was unable to attend court due to transportation problems. The trial was adjourned until July 26, 2024, at 1:30 p.m. at the request of her defence counsel.

Scott was charged with fleeing from police, dangerous driving, and driving while suspended concerning an incident on Feb. 6, 2021, in Woodstock. She entered her not-guilty pleas in April.

Remanded after bail hearing

Ryan James Smith, 35, of Woodstock, formerly of Perth, appeared in provincial court in custody for his bail hearing on Nov. 1 and was remanded to jail. He returns to court in custody for plea on Nov. 16 at 9:30 a.m.

Smith was charged by RCMP with possession of a firearm while prohibited, possession of a stolen vehicle, being an occupant of a vehicle knowing it carried a firearm, obstructing police, carelessly transporting a firearm, and possession of a firearm without a licence, stemming from an incident on Sept. 30 in Hartland. He was also charged with possessing a stolen car, committing mischief and driving while suspended for another incident in Meductic.

Woodstock Police also charged him with trespassing on private property on Aug. 3 and Aug. 29 in Woodstock.

Sentenced to time served and released

Matthew McGrath, 30, of no fixed address, appeared for trial in provincial court in custody on Nov. 2 and changed his plea to guilty on two charges laid by RCMP. He was sentenced to time served and released from custody. He was also placed on probation for 12 months.

RCMP charged McGrath with assaulting a female victim and breach of probation concerning an incident at Plaster Rock. He was arrested on May 5 and denied bail.

Not guilty of sexual assault

Arshdeep Singh Khasria, 24, of Bedell, appeared in provincial court on Nov. 1 for a verdict following his trial for sexual assault. He was found not guilty.

Khasria was charged by RCMP with sexual assault involving a female victim in connection with an incident on June 16, 2022, near Woodstock. He pleaded not guilty to the charge at a court appearance last fall. The trial involved a day and a half of testimony.

In custody awaiting plea

Christopher Elliott, 33, of Weaver, appeared in provincial court in custody on Nov. 2 for a bail hearing. He waived his bail until later and returns to court in custody for plea on Nov. 14 at 11 a.m. A new date for his bail hearing will be set at that time.

Elliott was arrested on a warrant after he failed to appear for trial. He appeared in court in custody on Oct. 24 and was remanded.

RCMP charged Elliott with resisting arrest and possession of ammunition while prohibited for an incident on Oct. 23. He was also charged with failing to appear in court for his trial in Woodstock on Aug. 23.

Elliott pleaded not guilty to firearm charges on April 18, and his trial date was set. He was charged with possessing a prohibited weapon without a licence concerning an incident on November 4, 2020, at Gladwyn. He was also charged under the Fish and Wildlife Act with having a loaded firearm in a vehicle, possession of a firearm without a licence, and hunting without a license on Nov. 4, 2020.

Elliott and Amber Holt, 32, of Bluebell, are jointly charged by RCMP with possession of a firearm without a licence (.22 Magnum rifle) and careless use of a firearm for another incident on June 22, 2022, in Weaver. Elliott was also charged with possession of a firearm while prohibited from having it in connection with the same incident in Weaver. Holt is currently in custody, awaiting sentencing on numerous charges.

Sentencing adjourned for Moncton man

Kyle Roy MacDonald, 35, of Moncton, appeared for sentencing in provincial court in custody by video on Nov. 3 after changing his plea to guilty on charges laid by RCMP. His sentencing was adjourned until Jan. 30, 2024, at 1:30 p.m.

On Friday, MacDonald was released with conditions until his sentencing. The court heard his charges were being transferred to Moncton, and an adjournment would also allow for completing a victim impact statement.

MacDonald appeared in court in custody by video on Oct. 16 for a bail hearing and waived his bail. He appeared in provincial court in custody via teleconference on Oct. 13 after being arrested on a warrant.

RCMP charged MacDonald with failing to appear for trial and breach of a release order. He was released from custody with conditions on Feb. 24, 2022, but failed to appear for his trial on Aug. 12, 2022.

MacDonald was charged with assaulting a female victim, uttering threats, committing mischief causing property damage to her vehicle following an incident on March 19, 2021, at Hartley Settlement.

Sentence pending on one set of charges

Brandon Jeffrey Cote, 28, of no fixed address, will appear in court in custody on Nov. 16 at 9:30 a.m. for sentencing. He pleaded guilty to one set of charges while his remaining charges were set over for trial on Dec. 22 at 9:30 a.m.

On Nov. 2, his sentencing was adjourned to the new date.

Cote appeared in court in custody on Aug. 30 and waived his bail. Woodstock Police charged him with assault involving a female victim, assault with a weapon, and breach of probation for a recent incident in Woodstock.

RCMP also charged him with uttering threats on Aug. 18 in Woodstock and breach of an undertaking by failing to report to police between Oct. 3, 2022, and Aug. 28, 2023, in Woodstock. 

Cote also faces charges of possession of a weapon dangerous to the public peace and possession of a firearm without a licence.

On Oct. 17, he appeared in court in custody and pleaded guilty to mischief causing property damage at the Madawaska jail on Jan. 29.

Greenfield man to stand trial

Marty Andrew Pangburn, 23, of Greenfield, will appear for trial in provincial court on Sept. 4, 2024, at 9:30 a.m. after pleading not guilty to one charge laid by Woodstock Police.

Pangburn was charged with breach of probation by failing to report between Sept. 8, 2022, and Jan. 17, 2023, in Woodstock. He entered his not-guilty plea at a court appearance on Oct. 31.

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