A Penticton man who plead guilty to a 2008 manslaughter keeps finding himself behind bars, breaching the conditions of his probation for a sixth time.
The man, now 22 years old, cannot be named because he was a minor when convicted of manslaughter that took place on Skaha beach. He appeared at Penticton provincial courthouse on Monday via video from Kamloops Regional Correctional Centre stating he does not want to keep having his probation conditions extended and have to live with his mom until he is 30-years-old.
The man was just 16 years old when he stabbed to death Windsor, Ont. resident Peter Deschaine. A group of adults and youths partying at the beach got into a fight during which Deschaine, who had been living at a Penticton campground, was killed while another man received a stab wound to the abdomen. In 2010, the Penticton man qualified for an intensive rehabilitative custody and supervision order. His sentence included two years behind bars and one year under the supervision order, not quite the maximum jail sentence of three years for a youth.
One of the requirements of the man's probation was to reside with his mother and to abide by a curfew. Since he was released he has breached the conditions six times including the most recent when an RCMP officer recognized him walking with a female after midnight on Nov.1 when he was supposed to be at home. The man ran from RCMP but was eventually arrested and would not tell the Mounties who the female was that he had been walking with.
Crown counsel Vern Frolick said RCMP were told several versions of why he was out past his curfew, including the woman called from a bar because there was some trouble and she needed to be walked home. Frolick said previous psychological reports said the man has the potential to explode violently again.
"He received a phone call that a person in a bar has some trouble ... he has to know as these situations come up he has to walk away and say he can't get involved," said Frolick.
Judge Meg Shaw said it was his, "lucky day," and she was not going to extended his curfew. Rather he will have to spend another 35 days behind bars and will have to continue on his original 24-hour lockdown curfew handed down by another judge once he is released until his probation conditions end on July 11, 2014.