(THUNDER BAY, ON) – Today at the Thunder Bay Courthouse in courtroom 102 appeared a 37-year-old Robert Sean Martell from the prisoner’s box. He has very distinctive tattoo’s on his forehead which appear to be devil horns, he is also sporting neck tattoos and his left hand also has tattoos on it.
His Honour, Justice Dino DiGiuseppe was presiding over courtroom 102 today, along with Provincial Crown Attorney Gordon Fillmore and defense lawyer Karen Scullion.
Martell’s court appearance starts with him pleading guilty to the following charges:
- Theft under $5000 (security cameras)
- Mischief causing damage under $5000 (electrical components of security cameras)
- Failed to attend court
- Resisting police by attempting to run away
He also has a charge of Aggravated Assault, but that is not being disposed of today.
Crown Attorney Gordon Fillmore begins reading in the agreed statement of facts that Martell is pleading guilty to and admitting to.
On August 15th, 2017 a person attended a Frederica Street address and noticed that some cameras were missing from the residence. The victim believed that Martell was a suspect as they have been having issues with him. A quick glance of the video footage that was recovered showed Martell tampering with the cameras before they were disconnected.
Martell was easily identified by not only the very distinctive devil horn tattoos on his forehead, but also by the victim because they were known to each other. It is very apparent that Martell was the perpetrator of this crime.
Martell failed to appear in court for his own preliminary hearing, which was admitted.
On October 22nd, 2018 around 9:39 pm, The Thunder Bay Police Service was dispatched to the 800 block of May Street regarding a male and female in black clothing that had not paid their cab fare. The responding officers approached the accused who identified themselves as Robert Martell and a female named Rayleen Meekis.
The taxi cab driver approached the scene and confirmed that these people had not paid their cab fare. City police had confirmed Martell’s identity at this point by a niche report and realized he had an outstanding warrant for his arrest. Police informed Martell that he was under arrest.
Martell began to tense up and said “I ain’t going to jail”. He was informed several times by police that he was going to be arrested. Martell continued to tense up further and clenched his fist. At that point officers placed their hands on his arms in which Martell attempted to run away.
A brief foot chase to apprehend Martell was underway and ended a short 10 meters away from the scene in which officers took Martell down to the ground. Officers were demanding Martell to put his hands behind his back, but he refused to do so. Police responded by striking Martell 3 times in an effort to get him to comply with their demands. Martell complied.
Martell was extremely agitated throughout this encounter, including during his free ride to the Thunder Bay Police Service Station.
Defence Lawyer Karen Scullion begins the joint submission by mentioning that Martell is from a First Nations community in Saskatchewan. He was shuffled around as a child between various caregivers and was the victim of abuse before he was 10-years-old. His parents were in residential schools and he was raised mainly by his drug addicted father.
Martell feels like he has raised himself since about 10 years old. He is now on Suboxone and is battling his own addiction. Currently he is sober and has a relationship with someone who is sober. At the moment he is extremely motivated to do better. The court hears that he is an amazing father.
He has 2 teenage children, a toddler, and an infant child. He missed his court date as one of his children had passed away. His partner is present in the body of the court and is supportive of him.
Martell claims through his lawyer that he has independently arranged to have rehabilitation services started once he sorts out his court matters.
Martell has spent 87 real days in jail, and it is asked that his time spent behind bars be enhanced on a 1 to 1.5 basis. It is suggested that he serve 6 months in jail total for these charges he has plead guilty to.
Crown Attorney Gordon Fillmore expands on defence lawyer Karen Scullions submissions by clarifying that Martell will receive 90 days for failing to attend court, 30 days for mischief and theft, and 60 days for the obstruct police charge. Fillmore tells the court that Martell is well-aware of how the criminal justice system works and that when he is under arrest that it is not a negotiation.
Fillmore acknowledges that the police have a tough enough job as it is, and that Martell could have saved himself some considerable grief had he just accompanied the police when he was advised he was under arrest.
Justice Dino DiGiuseppe asks Martell if he has anything he wants to say to the court. He declines.
The Justice grants the enhanced credit for his pre-sentence custody and the 6 month global sentence for Martell. This leaves him with 49 real days left to serve.
The Judge inquires about when Martell’s next courtdate will be, as he still has an outstanding Aggravated Assault charge. His future court date is set to January 24th, 2019. Martell is escorted back into the courthouse basement holding cells. He will continue to serve his time in custody.
1 ½ cup cake and pastry flour
1 ⅓ cup superfine (quick dissolve) sugar
½ cup Dutch process cocoa powder
¾ tsp baking soda
¼ tsp salt
½ cup cool, unsalted butter, cut into pieces
½ cup hot, strong brewed coffee
½ cup milk
1 tsp vanilla extract
2 large large eggs, room temperature
12 oz semisweet chocolate, chopped
1 ¾ cup whipping cream
½ cup sour cream
½ tsp vanilla extract
1 pinch salt
For the cake, preheat the oven to 350ºF (180ºC). Grease 2 8-inch cake pans and line the bottoms with parchment. Dust the sides of the pans with flour, tapping out any excess flour.
Sift the flour, sugar, cocoa powder, baking soda and salt into a large mixing bowl or into the bowl of a stand mixer fitted with the paddle attachment. Add the butter cutting it in (if in a large bowl, use electric beaters) until the mixture is a fine crumble (like the texture of fine breadcrumbs) and no large pieces of butter are visible.
Stir the hot coffee, milk and vanilla together and add it all at once to the flour mixture, blending until smooth. Break the eggs into a small dish and stir them with a fork and then add them to the batter, again blending on medium speed just until smooth (the batter will be very fluid). Divide the batter evenly between the prepared pans and tap them on the counter to eliminate any bubbles.
Bake the cakes for about 30 minutes, until a tester inserted in the centre of the cake comes out clean. Cool the cakes for 20 minutes in their pans, then tip out onto a cooling rack to cool completely to room temperature. The cakes can be baked a day ahead, wrapped and stored at room temperature before frosting.
For the frosting, place the chocolate and cream in a metal bowl and place it over a pot of barely simmering water. Stir the chocolate and cream occasionally and gently until all the chocolate has melted and the mixture is smooth. Remove the bowl from the heat and whisk in the sour cream, vanilla and salt. Let the mixture cool completely to room temperature, stir occasionally (you can chill the mixture for just a few minutes to start it setting, then let it continue to cool naturally at room temperature). Once cooled to a thicker consistency, whisk by hand to thicken just until spreadable consistency (do not whip vigorously or with electric beaters).
Place the first cake layers on your serving plate and, if needed, trim the cake to level it. Spread a generous layer of the frosting over the top of the cake. Trim the second cake, if needed and place this on top of the first cake layer. Spread frosting over the top and then the sides of the cake, using swirling motion with your spatula to create a nice design. Chill the cake for at least 2 hours, or until ready to serve.
The cake will keep, refrigerated, for up to 3 days.