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BARRHEAD - A 58-year-old Edmonton man who led police on a 30-minute police chase received a 360-day jail sentence and 12 months of probation.
However, due to his time behind bars in pre-trial custody, he will only have to serve 78 days.
Justice Carrie-Ann Downey sentenced Harold Charles Crain to 240 days in jail after he pleaded guilty to flight from a peace officer, possession of stolen property over $5,000 and operation of a motor vehicle while prohibited, and mischief damage under $5,000 accepting a joint Crown and defence sentencing recommendation.
"You are past middle age, but at 58, there is still room for you to have a better life after this," she said.
Crain received eight months or 240 days for the flight from a peace officer, 12 months of probation and a three-year driving prohibition consecutive to the existing ban. For the possession of stolen property over $5,000.
As part of the sentence, Cain received a three-year driving prohibition, 70 hours of community service to be completed by Jan. 30, 2026, and was ordered to pay restitution of $3,360, payable by Feb. 11, 2028.
She also waived the victim fine surcharge, saying it would be an unnecessary hardship given his time spent in jail and his requirement to pay restitution.
As part of the plea agreement, Crown prosecutor Francis Wallace withdrew several other charges, including obstructing a peace officer, shop breaking with intent, possession of stolen property under $5,000, operating an unregistered motor vehicle, operation of a motor vehicle without proper insurance and displaying unauthorized licence plates.
The facts
Wallace said on Aug. 9, 2024, a County of Barrhead farmer called police about a suspicious burgundy Ford F-350 near his property on Township Road 614, south of Range Road 41.
"[Const. Ashish Ralh] pulled up behind the vehicle with his lights activated," she said.
Crain was outside the vehicle.
Wallace said Rahl approached the vehicle on foot and got to about the passenger side door when Crain got into the vehicle driving away.
Rahl attempted to follow the vehicle but soon lost sight of it.
Roughly 20 minutes later, Wallace said, Cpl. Filipe Vicente spotted the pickup truck driving through a field heading towards Range Road 41.
She added that Rahl resumed following the pickup with his lights and siren activated after it returned to the roadway (Township Road 614 near Range Road 41).
"The vehicle passed over a spike belt laid out on Township 614 and Range Road 42. The truck travelled at about 50 km/h for another three to four miles [with both passenger-side tires deflated] before the vehicle came to a stop," Wallace said, adding the accused then exited the vehicle and was arrested.
She said the field owner that Crain drove through estimated the accused did about $3,360 in damage to his wheat crop.
Crown's position
Wallace noted that the accused has a lengthy criminal record of 79 prior convictions dating back to 1985, with the latest conviction being 2022.
"It began in earnest in 1993," she said. "There are no large gaps after that, but from 2017 to 2022, the offences were at a slightly lesser rate."
In regards to driving offences, Wallace said Crain had two convictions for dangerous operations, nine convictions for driving while disqualified or prohibited, two convictions for flight from a peace officer, and two impaired driving convictions.
The Crown added that regarding property offences, the accused has 17 convictions for possessing stolen property, two theft convictions, and one conviction for taking a motor vehicle without consent.
The Crown also noted that the Crain was subject to a five-year driving prohibition dating back to July 2020, and the pickup, valued at about $22,500, was stolen.
"In terms of the gravity of the offences, I would say it is moderate," Wallace said. "It wasn't the fastest or longest flight, but it still went on for roughly 30 minutes and speeds reaching 50 km/h that we know of, causing a risk to the public. Then there was the property damage."
As for Crain's moral culpability, she called it "elevated."
"It is not a single incident of fleeing. Const. Rahl approached the vehicle when he was at the side of the road and fled again when he was relocated and had his lights and sirens activated, and he did not pull over," Wallace said.
Later, Justice Downey characterized the "flight" as one incident.
On the mitigating side, Wallace said, was the accused's not guilty plea, albeit it lost some of its weight as it came on the day of the trial.
Defence
Crain's lawyer, Gary Strangway, said he first met the accused when he was starting his career.
At the time, he said, Crain was "deeply involved in the meth-amphetamine community."
However, Strangway said thanks to the influence of his common-law wife of the last 15 years, Crain's criminal activities have been drastically reduced.
"There have been three convictions since 2013, one being a property offence. That's a substantial change from the pace my client was going for the 20 years prior," he said, adding Crain has been clean and sober for about a decade.
Strangway added due to his client's health issues, most notably that he is on the waiting list for a hernia surgery, with the help of the Crown, they were attempting to keep his jail time at a minimum.
He also noted that Crain is employed, and his job as a heavy-duty mechanic in southeast Edmonton, close to his residence, will be waiting for him upon release.
Justice Downey said while the joint submission is on the lower end, especially for the flight from a peace officer charge, it was not egregiously out of line.
Barry Kerton, TownandCountryToday.com
