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Window breaker with banned drugs at Churchill Plaza

Window breaker with banned drugs at Churchill Plaza

“He suffers from addiction and homelessness, the only reasons that bring him to justice today”: 35-year-old man sentenced to 140 days in prison after pleading guilty

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

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

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

He was also convicted of four offences: robbery, obstructing police, possession of an explosive device while prohibited and another breach of probation, which occurred on July 27.

Ontario Court Justice Melanie Dunn heard city police arrested the accused after responding to a call about a man breaking windows in the east end shopping plaza.

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

Two days later, 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 robbery, the assistant Crown attorney said.

Fisher has a “major” three-and-a-half-page criminal record that includes violence, property crimes and failure to comply with court orders, he told Dunn.

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

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

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

Fisher was abused and traumatized as a child.

“He suffers from addiction and homelessness, the only reasons that bring him before the justice system today,” Belisle said.

He described his client as remorseful for his actions, adding that he has “little recollection of what happened”.

Officers noted that he “was under the significant influence of drugs.”

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

He described his related recent record as “most aggravating” and his actions call for a lengthy sentence.

Fisher was sentenced to 140 days in jail. With enhanced credit of 1.5 days for each day spent in custody prior to sentencing, he has 41 days left to serve.

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

He also ordered the confiscation of the weapon seized by the police.