Man given weekend jail to spend time with dying father

“The court tries to be compassionate as it can, at least when I’m here,” said Judge Gail Sinclair.

A man who pleaded guilty to the theft of a truck and trailer near Osoyoos was given an intermittent sentence to spend time with his terminally ill father.

Michael Scott Miller, 33, was sentenced to 90 days jail time to be served on weekends after pleading guilty to one count of possession of stolen property over $5,000, one count of possession of stolen property under $5,000 and one count of possessing break-in instruments.

“I’m asking your honour to be a little bit creative here,” said defence counsel Kathryn Lundman. “I want to get Mr. Miller out so he can see his father.”

Miller was denied bail, but Lundman suggested he be given a 90-day, intermittent sentence to begin on Aug. 7 so he can visit his terminally ill father in Alberta.

“That would give him the opportunity to be released to see his father for the next two weeks. I don’t think his father is going to last that long,” Lundman said.

“He would be able to be with his father at least to say his goodbyes and also be able to be there for the funeral.”

She also suggested, though it will be up to Miller, that when he returns from Alberta that he apply to collapse the 90 days into a consecutive sentence.

“The court tries to be compassionate as it can, at least when I’m here,” said Judge Gail Sinclair.

“We will do something that will work for you, I hope sir, but hopefully the life of crime is done now.”

Miller, who has a prior criminal record, also pleaded guilty to multiple breaches of probation and conditions including a prohibition from driving a vehicle.

Just before midnight on March 17 a trailer was reported stolen after a Collision Craft auto shop employee saw a black 2008 Interstate box trailer leave the yard being towed by a truck. The employee followed the vehicle westbound on Highway 3.

Shortly after midnight an RCMP officer observed the truck pull off the highway and stop. The man driving identified himself as Michael Miller and told the officer he had been told to pick up the trailer and he was taking it to Keremeos.

The subsequent investigation discovered the pick up Miller was driving had a stolen Alberta license plate on it. The pick up truck was also reported stolen in May.

A black bag was discovered in the back seat of the truck bolt cutters, a crowbar, a pipe wrench and an impact drill along with other miscellaneous tools.

Crown counsel Kevin Fotty sought nine months jail and a year long probation.

 

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