Man admits resisting arrest by hiding near river

A 49-year-old man acknowledged he’s “getting too old” to be hanging around with a bad crowd after he admitted to evading police in April, his lawyer said in Brandon provincial court.

Terrence Kimball pleaded guilty on Monday to obstructing a police officer by resisting arrest after police found him hiding near the riverbank on April 22.

He also faced a break and enter charge, which was stayed by the Crown because there wasn’t enough evidence.

“He’s told me this, he’s just getting too old for this. And it’s not (just) too old for or getting involved with the law — getting involved with offending. It’s more just the individuals he interacts with,” defence Andrew Synyshyn said.

Court heard police were called about a break and enter at Wheat City Concrete Products Ltd. on Victoria Avenue East. When officers arrived at the business, they spoke with two people who were about to leave the area and said Kimball had been around the property.

The two people were not charged in connection with the break and enter, said Crown attorney Melania Cannon.

Police saw a man believed to be Kimball hiding behind the Manitoba Hydro generating station on the south bank of the Assiniboine River in Brandon, she said.

“As police approached towards him, he began to run eastward into a large, wooded area along the river,” Cannon said.

Police brought in their K9 unit and a drone to help locate the suspect. Cannon said Kimball was hiding near a large, uprooted tree that was on its side and partially submerged in the river.

Police warned that he would be bitten by a dog if he didn’t leave the ditch, but Kimball refused, Cannon said.

“A second K9 caution was given. He didn’t come out, so they actually did send in the dog and he was bitten,” she said, adding that he was then pulled from the area and arrested.

“An unfortunate situation for Mr. Kimball. He certainly made matters worse for himself by doing this, and ultimately was also bitten by a police dog, which cannot have been a pleasant experience.”

Cannon said Kimball was convicted of obstructing a police officer in 2021 and was sentenced to an 18-month probation.

Synyshyn said his client fled from police because he was scared of being in custody.

“Mr. Kimball, I think, was the author ultimately of his own demise in terms of choosing to run,” he said, adding that being in the freezing water and bitten by a police dog was a form of deterrence.

Now Kimball is looking forward to getting a job, living a quieter life, forging a new path for himself and “ultimately not coming to court again,” Synyshyn said.

The defence and Crown made a joint recommendation that Kimball be sentenced to 60 days, including credit for time served, with an additional year of unsupervised probation with conditions not to contact or attend the business.

Judge Patrick Sullivan said submissions from the defence about his client admitting he’s fed up with getting into trouble resonated with him.

“I don’t want to dwell on the point really, but I’m sure you hadn’t pictured, you know, your life trajectory as leading to the point where at 49, you’re hiding in a ditch getting bitten by a police dog,” Sullivan said.

He accepted the joint recommendation from the lawyers.

Kimball, who appeared in court by video from the Brandon Correctional Centre, had served two and a half months in custody, so he was released on Monday.

» tadamski@brandonsun.com