No bail for man who tried to stab nurse

A man who choked a nurse and tried to stab her with a needle was denied bail in Brandon provincial court on Tuesday after the Crown cited concerns over his history of breaching court-ordered conditions.

“I’m completely persuaded and convinced that if I were to release him on that bail plan, he would reoffend, he might hurt someone, and he would find himself back in custody,” Judge Shauna Hewitt-Michta said.

Andrew Martindale, 26, previously pleaded guilty to the charges of assault with a weapon, possession of a weapon for a purpose dangerous to the public peace, obstructing a peace officer, mischief and breaching a condition of his release order.

Since pleading guilty to those offences, Martindale was charged with robbery, assault with a weapon, possession of a weapon and breaching his release order. These charges have not been proven in court, and he remains innocent at this stage.

Crown attorney Yaso Mathu opposed Martindale’s release on the grounds that he would pose a risk to the public.

On April 28, officers with the Brandon Police Service were sent to the Brandon Regional Health Centre after a nurse reported that a man had assaulted and tried to stab her.

In a statement to police, the woman said emergency medical services transported Martindale to the hospital earlier that evening, and she triaged him when he arrived, Mathu said.

Martindale was vague about what he needed to be seen for but admitted to using several drugs, the court heard.

The nurse was walking behind Martindale while directing him to a triage room when he “turned around, put (her) into a chokehold, and (she) saw Martindale pull something,” that she believed to be either a knife or a needle, Mathu said.

“He held it up in an attempt to stab her. Luckily, (she) was able to duck and release Martindale’s grip,” she said. Security then tackled Martindale and took the needle away from him.

The Crown consented to Martindale’s release later that same day on several conditions, including a curfew.

Roughly a week later, Martindale was arrested for breaching his curfew and was released again on May 6. This charge was later stayed when he pleaded guilty to several of his other charges.

About a month later, on June 3, police conducted a curfew check on Martindale, and when he wasn’t at the residence he was supposed to be at, a warrant was issued for his arrest.

On June 9, a BPS officer tried to stop a Mr. Ride Taxi, and when the taxi pulled over, a man fled from the passenger side, and the officer believed it to be Martindale.

Police ultimately found Martindale and placed him under arrest. When the officer searched him, they found a can of bear mace in his bag.

While being transported to Brandon Correctional Centre, Martindale kicked one of the BPS vehicles, leaving a “large dent in the panel of the door,” Mathu said. He was then rearrested.

Martindale was held in custody until August, when he pleaded guilty to several charges. The court released Martindale again, but this time with stricter conditions, including an ankle monitor.

“We were hopeful for Mr. Martindale that he would follow these conditions and stay out of trouble,” Mathu said. “Two weeks later, things went very badly.”

On Aug. 29, police received a report of a man holding a brick and a knife asking for beer and money in a back lane. Martindale was arrested shortly after in connection with the incident, and when officers searched him, they found that he had a knife, the court heard.

Martindale has remained in custody since.

“Our position is that there is no form of release that can be crafted that Mr. Martindale can follow. He seems unable or unwilling to comply with conditions,” Mathu said. “It has become proven that it’s not just breaches that we’re dealing with. He is a danger to the community at this point.”

Defence lawyer Owen Javra said Martindale struggles with substance abuse and mental health challenges, which he said is important to consider.

He presented a bail plan with a $4,500 promise to pay and several conditions, including that he not carry weapons, not have contact with any of the complainants and not attend BRHC unless for medical treatment.

If released, Javra said Martindale would reside with his grandmother in Grandview.

Hewitt-Michta said the conditions included in the bail plan “would be appropriate if the court could have any confidence that Mr. Martindale would follow them, or that he could keep himself out of trouble and from hurting other people for any length of time, and I don’t have any confidence in that at all.”

» sanderson@brandonsun.com