(THUNDER BAY, ONT) – Appearing in the prisoner’s box of courtroom 102 today is 27-year-old Brittany Angel Kis. His Honour Dino DiGiuseppe presiding, along with Crown Attorney Pasloski, P, and David Young as Kis’ defence lawyer.
Kis looks a bit healthier than the last time we saw her in court, she has obtained a healthy weight and appears to be more aware and responsive to her surroundings. She has dyed blonde hair, with the roots grown out roughly 6 inches and reveal a light brunette colour.
Kis failed to appear in court in February and April 2017 as required by probation.
April 7th, 2017, Kis removed over $1100 worth of cell phones from Marnic’s located at the corner of May and Victoria, these items were not returned and failed to appear in court for this matter in June 2017 and again in August 2017.
In 2017, Kis was observed by staff at an Old Navy location in Thunder Bay and removed $200-$300 of merchandise from the store without paying. Police were called and she was observed on video surveillance in which police were able to identify. Kis was on probation at the time with a condition to “keep the peace”, in which she was not doing.
November 27th, 2018 police were called to the Victoria Inn for a female that had barricaded herself in a maintenance room within the hotel. Police entered the room and found Kis hiding behind a piece of equipment with a stack of tools next to the door, which was being made ready to steal.
December 11th, 2017 Kis was observed at a Memorial ave Wal- Mart store placing items into her cart valued at over $1473 of both food and clothes. She left the store without paying for these items, and when she was approached outside the store, she ran off into a waiting car. Some of the items were recoverable, some were not. The value of the items that were not recoverable was $75.91. She was also on probation at this time, with the condition to “keep the peace”, in which she was not.
Kis has spent much of her adult life with a substance abuse condition which has led to her activity with a need to supply her habit. While overcoming her addiction, she acknowledges that she has to get professional help.
She has 43 days of custody. She recognizes because of her record, that a custodial sentence will be handed down, but is hopeful that it will be of a rehabilitative nature.
Kis has suffered a serious leg infection that she has had to get treated at the Thunder Bay Regional Health Sciences Centre, which wasn’t related to her drug abuse. She also suffered from carbon monoxide poisoning at a residence here in Thunder Bay due to a furnace.
Young recommends that Kis be sent to the Algoma Remand Treatment Centre, in which she can seek the treatment she requires.
Kis is said to need 2 years to pay the victim surcharge fine.
HIS HONOURS DECISION
His Honour asks Kis if she wants to say anything, she declines politely with “uhmm no”. He indicates that he is aware of her circumstance which has driven her to her criminal conduct. He notes that there would have been a much more lenient sentence if she had shown up to court and began her rehabilitative plan.
Further, he states that this is the nature of drug addiction, indicating that poor decisions are apart of that. He notes that she is “out of control”, and emphasizes that he does not mean that in a mean-spirited nature. “But you are out of control”.
“You will do anything you have to do to get money to feed your habit, and that needs to stop for a variety of reasons. But not the least of which is not for your own protection, but for the protection of the public” His Honour tells Kis
He says the sentence that is recommended will address that, and he will recommend that she go to a facility where she can get help with her addiction. His Honour accepts the joint submission in its entirety.
For the charge of breaching probation by not reporting, he sentences her to 1 month in custody which will be followed by probation.
The charge of failing to attend court, he hands down 1 month in custody consecutive, with probation also to follow.
As for the theft from Marnic’s, her pre-sentence custody of 40 days enhanced to 2 months has been noted, and he sentences Kis to 1 month in jail to be served consecutively, with 12 months probation to follow.
Failing to attend court in June 27th lands her 1 month concurrently, with probation of 12 months to follow.
August 25th’s failure to attend court will cost her 1 month in custody concurrently, 12 months probation to follow.
For the theft from Old Navy, His Honour sentences Kis to 2 months consecutively, with 12 months probation. The breach of probation for not keeping the peace due to the Old Navy incident, Kis gets sentenced to 2 days concurrently, with 12 months probation.
The attempted theft at the Victoria Inn, His Honour hands down 2 months consecutively along with 12 months of probation to follow.
The Wal-Mart theft lands her 2 months, to be served consecutively with 12 months of probation to follow. The breach of probation that occurred during this incident tacks on 2 months to be served concurrently, with 12 months of probation.
His Honour grants 24 months to pay the victim surcharge fine and also orders restitution in the amount of $1104.88 to Marnic’s.
Kis’ probation conditions consist of the following:
- Report to probation within 2 working days after her release from custody and as required
- Keep the peace and be of good behaviour
- Co-operate with your probation officer and sign any consents needed
- Attend counselling for substance abuse
- Sign releases to allow your probation officer to monitor your counselling
- Not attend Marnic’s Store 524 Victoria Ave East
- Not attend Wal-Mart 777 Memorial Ave
- Not Attend Old Navy 389 Main St
- Not Attend Victoria Inn 555 Arthur Street West
His Honour recommends that her sentence be served at the Algoma Remand Treatment Centre.
Kis is escorted out of the prisoner’s box and back into the basement of the Thunder Bay Courthouse to await transport to jail.
She has been sentenced to 11 months in custody, with 60 days of pre-sentence custody credited, leaving 9 months left to serve from today.