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Window smasher high on drugs banned from Churchill Plaza

'He suffers from addiction and homelessness, the sole reasons that bring him before the justice system today': 35-year-old sentenced to 140 days in jail after pleading guilty
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Sault Ste. Marie Courthouse is pictured in this file photo.

Kenneth Fisher is banned from all Churchill Plaza businesses for two years following a window-smashing spree this summer.

On July 25, he caused more than $5,000 in damage to a window and door at Partsource, as well as breaking windows at The Beer Store and A&W.

Fisher, 35, pleaded guilty last Thursday to three counts of mischief and a single count of breaching a probation order.

He also was convicted of four offences — theft, obstructing police, possession of an explosive device while prohibited, and a further probation breach — that occurred on July 27.

Ontario Court Justice Melanie Dunn heard city police arrested the accused after responding to a call about a male smashing windows at the east-end shopping plaza.

He was taken to bail court, where he was released from custody following a hearing, prosecutor Blair Hagan said. 

Two days later, the cops were called to Winners & HomeSense on Northern Avenue East, where security officers had Fisher in custody.

The accused, who falsely identified himself to police, was arrested for theft, the assistant Crown attorney said.

Fisher has "a rather substantial" three-and-a-half page criminal record that includes violence, property offences and breach of court orders, she told Dunn.

Hagan and defence lawyer Jessica Belisle jointly proposed a sentence of 140 days behind bars, followed by 24 months probation.

Fisher, a member of a Lake Superior reserve, has struggled and been involved with the justice system since he was young, his lawyer said.

His family attended residential school and several of them had addiction issues, Belisle told the court.

Fisher endured abuse and faced trauma as a young child.

"He suffers from addiction and homelessness, the sole reasons that bring him before the justice system today," Belisle said.

She described her client as remorseful for his actions, adding he has "little recollection of what occurred."

Officers noted "he was under the significant influence of drugs."

Dunn accepted the lawyers' submission, citing Fisher's background, the Gladue factors, his guilty pleas — an indication of remorse — and his addiction.

She described his recent related record as "most aggravating" and his actions call for a lengthy sentence. 

Fisher was sentenced to 140 days in jail. With the enhanced credit of 1.5 days for each day he's spent in pre-sentence custody, he has 41 days left to serve.

Dunn also placed him on probation for two years, with conditions prohibiting from going to any Churchill Plaza business or Winners & HomeSense, and possessing any weapons.

As well, she ordered forfeiture of the weapon seized by police.



About the Author: Linda Richardson

Linda Richardson is a freelance journalist who has been covering Sault Ste. Marie's courts and other local news for more than 45 years.
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