Time served for role in jail disturbance

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This article was published 01/02/2022 (1512 days ago), so information in it may no longer be current.

An inmate who was part of an incident that caused more than $16,000 in damage to Brandon’s jail, two days before he was set to be released, was sentenced to time served Monday afternoon.

Daniel Garvey-Rodriguez, 24, pleaded guilty to mischief over $5,000 for his role in a Nov. 15, 2021 incident at the Brandon Correctional Centre. At the time, he was finishing a jail sentence from a previous incident.

Crown attorney Yaso Mathu said the jail’s supervisor called Brandon police to report inmates had tried to breach the outside wall of the Delta unit at approximately 10:30 p.m. that day.

There was extensive damage to the walls of two cells, including a large hole in the wall above a window and a hole in the wall between cells, Mathu said.

A police officer who came to the jail to investigate reported the inmates tried to chip out part of the wall with a broken-off table leg, and there was garbage and broken concrete all over the floor of the cells. Mathu said the officer also reported the cell’s camera had been covered with a white substance.

A correctional officer noted in an incident report he heard banging coming from the accused’s cell, Mathu said. The officer looked through the cell’s window and could see a shelving unit had been removed and thrown into the common area.

Another correctional officer said Garvey-Rodriguez “flipped him off” through the window before covering it up, Mathu told the court.

In total, the inmates caused $16,107.49 in damage to the cells, she said, adding she didn’t have separate totals for both cells.

She recommended a total of six months in jail for the crime, noting Garvey-Rodriguez pleaded guilty as a party to the crime and he was not the main offender.

Garvey-Rodriguez is originally from Cuba and has come into conflict with the law since moving to Canada, said defence lawyer Jonathan Richert.

He argued Garvey-Rodriguez didn’t take part in damaging the cell wall directly, but acknowledged he did cover the cell’s camera and encouraged his co-accused. Garvey-Rodriguez also wasn’t part of the “cockamamie” plan to escape by taking chunks out of the wall and denies causing any of the property damage.

“He would have wanted to put in his next 48 hours and get out of that institution. Instead, he’s been there since,” Richert said.

The time in jail was difficult for Garvey-Rodriguez, he said, adding he spent significant “hard time” in segregation during COVID-19 restrictions.

Richard recommended a sentence of time served in jail for the crime, as his participation was low level and his co-accused caused the damage.

Speaking to the court via video, Garvey-Rodriguez apologized for his actions and said he didn’t want to take part in damaging the cells.

“If I could walk out of there, if I had a key to open up the door and walk out of all this, I would have, but I was locked in on the range,” he said.

Judge Patrick Sullivan said the incident potentially put jail staff in danger and caused disruptions for other inmates. He also questioned why Garvey-Rodriguez would participate at all so close to getting out after a previous sentence.

“The expression came to mind, Mr. Garvey-Rodriguez, when you play stupid games, you win stupid prizes, and here you are now in custody, 76 real days longer than would have been necessary than if you had just kept to yourself,” Sullivan said.

Sullivan sentenced him to a total of the equivalent of 114 days time served in jail and to pay $3,500 in restitution to the jail.

» dmay@brandonsun.com

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