Man sentenced for chasing woman in hotel

A man who chased a woman in a Brandon hotel while holding what she thought was a firearm was sentenced to six months of time already served on Monday.

Vincent Mitchell, 27, pleaded guilty in Brandon provincial court to assault with a weapon and possession of property obtained by crime under $5,000.

Shortly after midnight on July 29, Brandon police received a report that a man with a gun was chasing a woman at the Clarion Hotel & Suites.

Roughly five minutes later, police arrived and met with the victim, who gave a description of the man. Police patrolled the area and found a man near the hotel who matched the suspect’s description, Crown attorney Reid Girard said.

Police recognized Mitchell from previous interactions and positively identified him through a video the victim recorded during the interaction.

Officers arrested Mitchell, and the complainant gave a statement to police.

She said she was going outside for a smoke, and when she opened the door, a man who was ducking behind garbage bins pushed his way in and entered the hotel with his bicycle.

“While she was having her smoke, she looked up and saw Mr. Mitchell staring at her through the window (in the door),” Girard said.

He said she felt uncomfortable, so she put out her cigarette and opened the door to go back inside when the man came up close to her and asked if she wanted to “chill” and “party.” She told him no and ran toward her room, Girard said.

“She looked down at his hands, stating that it looked like he had a gun at his waistband, like he was holding it,” Girard said. “She indicated he started advancing on her from behind with his arms open, holding something black in his hands.”

The woman told police she slammed the door of her hotel room shut and instructed her children to hide behind the bed.

Girard said police did not locate a firearm after an extensive search.

Mitchell was originally charged with assault with a weapon, specifically a pistol, but his charge was amended to assault with a weapon, specifically an unknown object.

Later that day, Girard said, police received a report of a stolen bicycle, which was confirmed to be the bicycle Mitchell was found with during his arrest.

The Crown asked for a sentence of two months for the assault with a weapon charge and four months for the property obtained by crime charge, followed by two years of unsupervised probation.

Girard said the Crown had would have faced “significant hurdles” with the assault charge if the matter were taken to trial.

He said there was some uncertainty about what Mitchell was holding, and that although the woman believed it was a gun, a firearm was never recovered and the video didn’t specifically show the item.

The other issue was identification. Girard said that while the Crown was certain they would have been able to prove beyond a reasonable doubt that the man shown in the video was Mitchell, he was wearing a hoodie and big sunglasses, which obstructed the view of his face.

As for the possession charge, Girard said Mitchell “definitely knew that he was not supposed to have that bike,” and his criminal record “chronicles the behaviour of someone who has no regard for the property rights of others.”

“The Crown has very little faith that Mr. Mitchell will stop this behaviour, but at the very least, we’re hoping that the message to him and to the community is firm and unambiguous — this behaviour is completely unacceptable,” he said.

Defence lawyer Bob Harrison joined the Crown’s recommendation.

He said identification was a huge issue throughout the case and that he was “not as confident that the Crown could prove it as they are.”

Harrison also outlined Mitchell’s personal circumstance.

He said Mitchell is First Nations and was in at least 15 foster homes from the ages of five to 18. Both of Mitchell’s parents had issues with alcohol, and one of his grandparents attended residential school, the court heard.

Harrison said Mitchell acknowledged that he is losing time with his child and losing freedom by being in and out of custody.

“He wants to stay out of trouble … He knows what he has to do,” Harrison said.

When given a chance to speak, Mitchell apologized for his actions.

Judge Patrick Sullivan agreed with the lawyers’ recommendation. Mitchell has the equivalent of 200 days in custody to his credit.

“What really struck me, Mr. Mitchell, is how terrifying it really would be … to be approached by a stranger, wondering what is happening, and the fear that would flow from the presence of the unknown object,” he said. “That is something that would stick with a person.”