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Time served for resisting arrest during pee break

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Brandon court house (FILE)

A man arrested while taking a pee in a downtown alley has been sentenced to time served.

Originally accused of attempted robbery, it turns out he did nothing wrong — up to the point that he resisted arrest at the time of his pee break.

"They arrested me for nothing, I haven’t done nothing wrong … but still, I should have just went along with them, so I feel bad about that," Donald Roy McKinney Sr. said from the prisoner’s dock in Brandon court last week.

Crown attorney Grant Hughes said city police were called to the Crystal Hotel around 10:30 p.m. on Jan. 8.

Initially, the call was for a fight, but the investigation developed into an allegation that three men, one of them armed with a knife, had tried to steal beer at the hotel.

McKinney, 45, was initially charged with attempted robbery in relation to that incident, but that charge was dropped.

"It’s since been confirmed that Mr. McKinney, although present, didn’t take part in that incident," Hughes said.

Defence lawyer Bob Harrison says video footage from the hotel shows that McKinney didn’t do anything wrong at that particular time.

Hughes said that McKinney did, however, flee the hotel with two other suspects and resisted police as they tried to arrest him in a nearby alley.

In fact, McKinney was urinating in the back lane when police found him and tried to arrest him under the Liquor Control Act for being disorderly in a licensed premises.

McKinney swore at police and resisted. He was taken to the ground before he was restrained.

While it didn’t form part of Hughes’ narrative of events, court previously heard that McKinney’s struggle with cops happened while officers were approached by another suspect from the hotel incident.

During a previous bail hearing for that second man, court heard allegations that officers drew their guns and nearly shot him because he approached with a knife and wouldn’t listen to orders drop it.

That man did finally drop the knife and ran, but was arrested nearby.

Last week in court, McKinney pleaded guilty to resisting arrest after spending 23 days in jail.

Judge John Combs sentenced him to time served as he remarked that sometimes police make mistakes.

"That still doesn’t give you the right to conduct yourself in the fashion you did on that particular evening," Combs said.

At least one other man still face charges in relation to the hotel incident. He’s also charged in connection with a robbery that happened a few hours before.

» ihitchen@brandonsun.com

Republished from the Brandon Sun print edition February 4, 2014

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A man arrested while taking a pee in a downtown alley has been sentenced to time served.

Originally accused of attempted robbery, it turns out he did nothing wrong — up to the point that he resisted arrest at the time of his pee break.

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A man arrested while taking a pee in a downtown alley has been sentenced to time served.

Originally accused of attempted robbery, it turns out he did nothing wrong — up to the point that he resisted arrest at the time of his pee break.

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