MAN INVOLVED IN NEW YEARS GUN INCIDENT RELEASED ON BAIL, LOCAL NEWS WON’T REPORT THIS
A 23-year-old BRYTON-LEE JOHN JOSEPH PATAYASH appeared handcuffed in Bail Courtroom 103 on Wednesday, May 2, 2018. He’s about 5’10” tall and heavy build.
Her Worship, Zelda Kitchekeesik is presiding with Justice of the Peace Anna Gibbon observing. Provincial Crown Derrick Silvestro is here along with defence lawyer Kevin Matthews.
It’s a Crown onus case and Silvestro presents the allegations against the accused.
RINGING IN THE NEW YEAR’S WITH VIOLENCE
On January 1, 2018, shortly after midnight, a 911 call was received where women could be heard screaming in the background. Police arrived at 288 Windsor Street to find several females fleeing the scene and others were assaulted. Witnesses indicated that PATAYASH had become extremely violent during an argument over alcohol and repeatedly began punching a woman in the face. Another female allegedly attempted to intervene and stop the violence by telling PATAYASH that she would tell his step-dad about this.
PATAYASH allegedly pulled out a handgun of his waistband, pointed it at the woman’s head and stated “If you tell him, I’ll shoot you”
When arrested by police he allegedly stated he was “Bright As The Sun”. He allegedly refused to identify himself and became aggressive.
A Crossman .357 replica pellet gun with handle grips missing was discovered. The pellet gun shoots .177 pellets. There was no pellets in gun but it did have fresh CO2 cartridge.
PATAYASH HAS SPENT EVERYDAY IN JAIL SINCE
Crown Attorney Silvestro presents the criminal record of PATAYASH to the court as an exhibit.
- 2011-fail to comply undertaking, break & enter with intent
- 2012- fail to comply with disposition
- 2013-assault with a weapon, fail to comply X 2
- 2014-assault, fail to comply
- 2015-breach of probation.
- 2016-assault causing bodily harm
- 2017-assault, fail to comply with recognizance
DEFENCE CALLS TWO POTENTIAL SURETIES
First up is PATAYASH’S Aunt. She testifies that she lives in a hotel on Monroe Street because it’s hard to find affordable housing on welfare. She’s willing to pledge 250$ towards bail if her nephew breaches. Gladue factors are that she went to residential school and there was alcohol abuse, violence and poverty on Weagamow Lake 87 Indian Reserve.
On cross-examination by Crown Silvestro, she testifies that she is aware of some of his criminal record and really hasn’t seen him too much over the years.
NEXT UP IS PATAYASH’S MOTHER
Defence lawyer Matthews elicits testimony regarding Gladue factors. BRYTON witnessed lots of violence and alcohol growing up. The court hears that she went to residential school and BRYTON has FASD & ADHD. He completed Grade 8 and has 2 children. 1 in foster care and the other in Dilico. She’s willing to pledge 500$ to no deposit bail. She’s the Chairperson of a Community Action Group in Windsor St area to help people access programs
On cross-examination by Crown Attorney Silvestro, she concedes that her son didn’t listen to her before when she was his surety and was criminally charged. She says he sought out help before for alcohol problems but never followed through.
“He breached then and his alcohol issues are worse now, but you don’t think he’s going to breach now?” Silvestro asks.
The mother doesn’t think so.
“He’s been convicted of all these assaults but you don’t think he has anger management issues?” the Crown inquires.
Crown Silvestro submits that PATAYASH doesn’t have any convictions on failing to appear. So there are no primary ground concerns. But he had numerous convictions of assault & failing to comply with court orders, so there are concerns on secondary grounds.
“It doesn’t matter what type of orders the court puts out, PATAYASH shows manifest disregard for them”.
The Crown further submits that there are tertiary grounds for detaining PATAYASH in custody. “Would the public be outraged and appalled if the accused were released?” Silvestro asks. He submits that due to the violent nature of the offence that they would be.
Tertiary grounds refers to whether detention is necessary to maintain confidence in the administration of justice, and is generally reserved for very serious offences.
Defence attorney Matthews concedes that other than one break and enter, his client’s criminal record is not good. But he is focusing on the Gladue factors as part of the submission as well as the strength of the Crown’s case. There are several triable issues and that will need to be resolved before a Judge. In Bail Court his client has a presumption of innocence on the allegations. He’s been in custody for 4 months and is sober now. Matthews submits that the handgun found was not a real handgun and had no ammunition in it.
Crown Silvestro replies that the gun was used to incite fear.
COURT STANDS DOWN FOR JUSTICE OF THE PEACE TO MAKE DECISION
Almost 2 hours later at approximately 6:40pm this evening, Bail Hearing Court resumes. Her Worship Kitchekeesic decides that the primary, secondary and tertiary grounds are not concerns. She rules he can be released on 750$ no deposit with conditions to 2 sureties.
- He must keep peace and be of good behaviour.
- No weapons
- No contact with victims
- No alcohol
- 7pm to 7am curfew. If he’s out during those hours, he must be with surety.
PATAYASH has his handcuffs removed and goes to greet his family members in the court. It’s almost 7pm. He’ll be going to live with his Aunt at the Monroe Hotel
NO OTHER LOCAL MEDIA IS PRESENT.
NO OTHER MEDIA REPORTED THIS INITIAL INCIDENT.