R. v. McLaughlin, 2020 ONCJ 326

Judgment Regarding Application for Judicial Interim Release

Ontario Court of Justice

Date: 2020-07-20

Court File Nos.: Toronto 18-15006776 & 18-15006777

Parties

Between:

Her Majesty the Queen Respondent

— And —

Dean McLaughlin Applicant

Before: Justice Patrice F. Band

Counsel:

• Ms. K. Visic — counsel for the Crown
• Ms. K. Duncan — counsel for Mr. McLaughlin

BAND J.:

I. Introduction

1Mr. McLaughlin is facing a number of charges arising out of incidents that took place in Toronto on August 31, 2018 (the "Toronto charges") when police saw Mr. McLaughlin driving a stolen SUV with stolen license plates. The events culminated in a police chase during which Mr. McLaughlin, the sole occupant of the SUV, drove in a dangerous manner through Toronto's business district at rush hour in an attempt to evade police. In doing so, he caused damage to a number of vehicles and put lives at risk. When he crashed and came to a stop, he attempted to run away. In the process, he knocked down a pedestrian, who lost consciousness as a result. After putting up a struggle, Mr. McLaughlin was arrested and the stolen SUV was searched. It contained a large amount of stolen property, break-in instruments and approximately 2 oz. of crystal methamphetamine. Over a dozen individuals were directly affected by this series of events. Some were physically harmed. Some suffered damage to their motor vehicles. Some had lost property that had been stolen from them during recent break-ins and thefts. Many more were affected by Mr. McLaughlin's driving and its aftermath.

II. Procedural History

2The chronology of this matter is unusual. When Mr. McLaughlin was arrested on the Toronto charges, there were five warrants out for his arrest - two in London, two in Windsor and one in Chatham. They related to offences including theft of a motor vehicle and numerous other offences of dishonesty.

3Mr. McLaughlin was released on a strict house-arrest surety bail on the Toronto charges on March 18, 2019. A short time later, his surety sought relief because of a health issue. Mr. McLaughlin turned himself in. London and Windsor police executed their warrants. Mr. McLaughlin was released again on the Toronto charges on a strict house-arrest bail with the same surety on April 10, 2019. That bail required him to live in Stouffville and contained very few exceptions. While bound by that bail, Mr. McLaughlin committed another series of similar offences in Windsor on May 9, 2019 and was arrested that day. He has been in custody ever since.

4In October 2019 and March 2020, Mr. McLaughlin pleaded guilty to a subset of his outstanding charges from London and Windsor, including the May 2019 offences. By April 2020, he had served those sentences. Mr. McLaughlin's bail on the Toronto charges was never revoked and the Chatham warrant has never been executed.

5On June 18, 2020, I cancelled Mr. McLaughlin's bail at the request of the Crown because he had breached it by committing the May 2019 offences in Windsor. For that reason, as well as the charge of possession of crystal methamphetamine for the purpose of trafficking, Mr. McLaughlin is in a reverse onus position with respect to bail.

6On July 17, 2020, I heard Mr. McLaughlin's application for bail by teleconference with his consent. After hearing the testimony of the proposed surety and the submissions of counsel, I reserved my decision.

III. Allegations

The Toronto Charges

7The Toronto charges are described in detail in the Crown Bail Package, which was entered as an exhibit. Attached as Appendix "A" to these reasons are excerpts from that document. I have also had the opportunity to watch in-car camera ("ICC") footage taken from three police vehicles during the last stages of the police chase, which were also submitted into evidence. The Synopsis is accurate but incomplete. It does not describe the fact that Mr. McLaughlin mounted the curb to make a quick turn onto Bay St. after narrowly missing the cyclists. It also does not describe the fact that when Mr. McLaughlin was driving against traffic on Bay St., he squeezed the SUV between two taxis driving towards him, causing damage to all three vehicles. He repeated the same manoeuvre, moments later, between two other cars. I have captured a still image of the first of these incidents as it conveys the damage to the cars and the density of car and pedestrian traffic. It is attached to these reasons as Appendix "B".

8It is no exaggeration to say that Mr. McLaughlin's driving could have seriously injured or killed people.

The Windsor Charges

9The Windsor charges are included in the Crown's package. Of particular note is that Mr. McLaughlin drove a stolen vehicle at excessive speeds while being followed by police and, once stopped, attempted to run away on foot.

IV. Criminal Record

10Mr. McLaughlin amassed approximately 40 convictions between 2017 and 2020. Most of them involve offences of dishonesty, including break and enters and car thefts. He also has a history of disobeying bail and probation orders. His longest sentence to date was the 11 month "global" sentence he finished serving this year for the offences he committed in Windsor.

V. The Plan

11Mr. McLaughlin seeks to be released on a one surety house arrest bail in the amount of $2,000. His proposed surety, Ms. Dejesus-Paulino, is the mother of a friend of his. She lives in a two-bedroom apartment in a townhouse in Toronto with her fiancé. Because her fiancé's cousin will be returning to occupy the second bedroom, Mr. McLaughlin is not able to live with them. The plan, rather, is for Mr. McLaughlin to live with Ms. Dejesus-Paulino's friend Ms. Gonzalez, who lives alone in a similar apartment in the building next door. Ms. Dejesus-Paulino has arranged for the rental of a bedroom for $300 per month. Mr. McLaughlin also proposes to strengthen the plan with electronic monitoring.

VI. The Hearing

12Ms. Dejesus-Paulino was the only witness called at the hearing. She presented as a very well-intentioned, credible and trustworthy person. She came to understand the seriousness of Mr. McLaughlin's charges. She knows and understands her responsibilities as a surety, having acted responsibly for two individuals in the past. I accept, as the Crown does, that she would not hesitate to call police or turn Mr. McLaughlin in if required. She earns approximately $25,000 per year and has $10,000 in savings. The $2,000 she is willing to pledge is an amount that she "cannot afford to lose."

13As her evidence developed, I learned the following. She knows Mr. McLaughlin because he is her son's friend and was over at her home a number of times in the year or two prior to mid-2018. He was respectful towards her. She has never been in a position of authority over him, but he and her son would help her around the house if she asked them to. Starting at some point in 2018, she no longer saw him around and became aware that he was in trouble. From that time until recently, she has not seen or had a meaningful conversation with him. She believes that he suffers from addiction. Her plan for him is to help him come to grips with his addiction and, hopefully, get a job. To that end, she has done research concerning programs available on a day-patient basis through Vitanova, a counseling service. She and her fiancé have a car and she would be willing to drive him to his appointments. She also believes that work might be available through her fiancé or Ms. Gonzalez's brother.

14Ms. Dejesus-Paulino believes that everyone, including Mr. McLaughlin, deserves another chance. She also believes that things will be different this time because time has passed – particularly in jail – and Mr. McLaughlin told her he is willing to take addictions counseling.

15Ms. Dejesus-Paulino works part-time in sales. During the pandemic, she has been working from home. When she will return to the store is not yet known. The current plan is for Mr. McLaughlin to spend his days with her and nights at Ms. Gonzalez's home. If Ms. Dejesus-Paulino's job resumes as before, Mr. McLaughlin will be required to remain at Ms. Gonzalez's during the day unless he is in treatment or working, should either of those pursuits be permitted. He would keep in touch with Ms. Dejesus-Paulino by telephone. Currently she does not believe that he has a cellular phone.

16Ms. Dejesus-Paulino brought the Crown Bail Package to Ms. Gonzalez's home and read it to her. Ms. Gonzalez told Ms. Dejesus-Paulino that her trust in Mr. McLaughlin was good enough for her. However, during the hearing, it became clear that Ms. Dejesus-Paulino's understanding of the seriousness of the charges had changed since that time. What Ms. Gonzalez understood about those allegations through Ms. Dejesus-Paulino is therefore unclear. It is also not clear that Ms. Gonzalez understood that Mr. McLaughlin might be required to remain inside her residence 24 hours per day. What is more, Ms. Gonzalez has never met nor spoken to Mr. McLaughlin.

VII. The Issues

17The issues in this matter are whether Mr. McLaughlin has met his onus in relation to all three of the enumerated grounds listed in section 510 of the Criminal Code.

VIII. Arguments

18The Crown argues that Mr. McLaughlin is unlikely to attend court. He has record for breaches, he has a history of trying to evade police and his pattern of offending in Windsor, London and Toronto suggests that he is rootless. Regarding the secondary grounds, aside from the criminal record and the allegations themselves, the Crown relies on the fact that Mr. McLaughlin appears to have committed very similar offences in Windsor when he was on a bail that was arguably more stringent than the one he now proposes. While she characterizes his current plan as "adjacent" to the previous one (because it involves electronic monitoring), she points to the fact that Mr. McLaughlin will not be supervised by his surety during the night and, possibly, for entire days if she returns to work. He could easily traffic in drugs from the neighbour's basement. In her submission, the plan is not strong enough; its weaknesses cannot be shored up by electronic monitoring, which is a risk-management tool that is subject to well-known strengths and limitations: see R. v. Jesso, 2020 ONCA 280 at paras. 24-27; R. v. T.L., 2020 ONSC 1885, at para. 22; and R. v. Williams, 2020 ONSC 2237, at para. 119.

19Regarding the tertiary grounds, the Crown points to the very strong Crown case, the seriousness of the offences (involving very dangerous driving at rush hour in downtown Toronto and a highly destructive drug) and the fact that Mr. McLaughlin could face a penitentiary sentence if convicted. The public would lose confidence in the administration of justice if Mr. McLaughlin were released again in these circumstances. As she put it, nothing has changed except the passage of time. What is more, Mr. McLaughlin's previous bail required him to take counseling and he did not take any steps in that regard.

20On behalf of Mr. McLaughlin, Ms. Duncan acknowledges that there are concerns on the primary and secondary grounds but maintains that the plan is sufficient to meet them. Ms. Dejesus-Paulino is trustworthy and understands her responsibilities. Addiction is at the heart of Mr. McLaughlin's troubles, and he has recently expressed a willingness to seek treatment. If he takes advantage of a chance to get his life back on track, it will be better for him and for the community. As for electronic monitoring, it is a deterrent that will provide reliable evidence in the event of a breach. Regarding the tertiary grounds, Ms. Duncan is correct that the COVID-19 pandemic is a relevant factor. Quite rightly, though, she did not place great weight on it because there is no evidence of any case-specific risk in this matter: see R. v. S.M., 2020 ONCA 427 at para. 26.

IX. Analysis and Conclusion

21I have come to the conclusion that Mr. McLaughlin has failed to meet his onus on the primary and secondary grounds. His detention is necessary to ensure his attendance to these serious matters and because the plan does not mitigate sufficiently against the substantial likelihood that he will reoffend in a manner that would endanger the public.

The Primary Grounds

22Mr. McLaughlin has a history of breaching bail and other court orders. He also has a proven history of taking extreme steps to evade capture, as he did in Windsor in May 2019. While the Toronto charges remain unproven, they are all but made out in the clear and reliable ICC evidence I have seen. They demonstrate that Mr. McLaughlin has a willingness to endanger his life and the lives of others to maintain his freedom or to conceal his criminality. The proposed electronic monitoring may generate reliable evidence and cause police to become involved, but it cannot prevent such conduct.

The Secondary Grounds

23Mr. McLaughlin has amassed a serious criminal record in a short time. He committed his most recent offences while on a strict bail relating to similar charges.[1] His plan relies a great deal on the oversight of Ms. Gonzalez, a person whose understanding of the circumstances is unclear and who has no stake in the matter or accountability to the Court. It also relies on Ms. Dejesus-Paulino's belief that things have changed. I am unable to share her belief. The fact is that if she knew Mr. McLaughlin, it was before he embarked on his current lifestyle. There is no evidence that Mr. McLaughlin took steps to address his addiction issues in the past and there is no indication that the current plan to do so was the result of his initiative. While it is laudable, it is only Ms. Dejesus-Paulino's plan for him. And while it is not the case that successive bail orders must be stricter than their predecessors, it is my view that the protection of the public requires that Mr. McLaughlin be subject to 24-hour surety supervision. I agree with the Crown that there has been no material change and, therefore, no reason to believe that Mr. McLaughlin will behave differently than he has in the past. I have no confidence that he would abide by the terms of a house arrest bail of this nature. In this case, the electronic monitoring provides insufficient deterrence. It must be remembered that deterrence is a concept that acts on persons who weigh the consequences of their actions and for whom the likelihood of being caught matters. Such thoughts do not seem to have been animating Mr. McLaughlin in recent times.

24Finally, while it is true that Mr. McLaughlin and the community would benefit if he were to address his addiction issues and adopt a pro-social lifestyle, rehabilitation is not the purpose of the bail regime: see R. v. Antic, 2017 SCC 27, [2017] 1 S.C.R. 509, at para. 67 (j).

The Tertiary Grounds

25While it is not strictly necessary for me to address the tertiary grounds, I do so for the sake of completeness. It is my view that they lean in favour of detention and are not displaced by the COVID-19 pandemic. The allegations are very serious and Crown's case is extremely strong. While a penitentiary sentence in the low-to-mid single digits is not necessarily a lengthy one in the sense intended by the Code, it would represent a dramatically longer sentence than Mr. McLaughlin has ever served. The idea that Mr. McLaughlin would be released on a bail for these offences that is less robust than the one he breached, having regard to all the circumstances, would likely cause the public to lose confidence in the administration of justice.

Released: July 20, 2020

Justice Patrice F. Band

APPENDIX "A"

SYNOPSIS

Offence date: Friday, August 31, 2018

Location: King Street West and Bay Street, Toronto, ON

Charge 1: PPOC over

On Saturday August 25, 2018, the owner of a 2017 Ford Explorer reported that his vehicle was stolen from his residence at 833 Legacy Grove Drive, LaSalle, ON.

• Ford belonged to Richard Paliani and he reported that it was stolen during the night from his driveway and that it had ¾ tank of gas, that his garage door was open in the morning and that a set of keys was missing
• The car contained a briefcase which had most of Mr. Paliani's ID (Driver's license and Nexus) as well as various debit and credit cards, $500 cash inside as well as a cheque book, and some of the cards were in the name of Mr. Paliani's employer
• Mr. Paliani spoke to TD Visa and learned that his card was used at Macs in the amount of $24.75 and $35.48, at Shoppers for $96, and at the Wireless Warehouse of Canada for $67.80 on the morning of August 25, 2018 – all those transactions happened in the span of 20 minutes

On August 31, 2018, Mr. McLaughlin is observed operating stolen car on Pearl Street at University Avenue with the stolen license plate attached.

Charge 2 - PPOC over

On August 27, 2018, a stolen license plate BWEC 111 reported to OPP – Essex.

August 31, 2018 – Mr. McLaughlin is observed operating stolen MV on Pearl Street at University Avenue with the stolen license plate attached.

The vehicle was originally parked illegally with no one inside. Parking Enforcement officer ran the plate and the VIN and both were on file as STOLEN. The front plate and the rear plate were different, but the back plate, BWEC 111 returned as a stolen vehicle.

Nadia Preston noticed her rear plate missing on August 27, 2018 while she was out for groceries: BWEC111. There were 3 bolts missing on her front license plate but it was still there. The accused then returned to the vehicle and the vehicle left the area. Parking enforcement advised the police of the last direction of travel and the vehicle was eventually spotted by the police approximately 3 minutes later at Pearl and University.

Charge 3 - Dangerous operation of MV

Charge 4 - Fail to stop while being pursued by the police

Officers followed Mr. McLaughlin in the stolen vehicle around several blocks. At 5:34pm, officers turned on their lights and pursued him.

PC Poirier tried to pull the vehicle over, but McLaughlin immediately accelerated and proceeded to drive in the designated bike lane on Adelaide in an attempt to elude police. McLaughlin came within inches of striking a cyclist in the bike lane.

McLaughlin proceeded westbound on Adelaide then made a quick right on Bay Street travelling southbound in the northbound lane. He continued to drive against traffic on Bay Street during heavy afternoon traffic, he made a quick left on King Street W and lost control of the vehicle, striking a concrete jersey barrier on the south east corner of the intersection, striking a cab and just missing several pedestrians.

PC Poirier tried to pull the vehicle over, but McLaughlin immediately accelerated and proceeded to drive in the designated bike lane on Adelaide in an attempt to elude police. McLaughlin came within inches of striking a cyclist in the bike lane. McLaughlin proceeded westbound on Adelaide then made a quick right on Bay Street travelling southbound in the northbound lane. McLaughlin then lost control of the vehicle and struck another vehicle.

The vehicle came to a stop and McLaughlin quickly exited the vehicle and attempted to flee on foot. Officers gave chase, but McLaughlin bumped into a citizen which slowed him down and the citizen prevented him from running further so the police were able to apprehend him.

Mr. McLaughlin bumped into Bella Garvaki, who was knocked down and lost consciousness. She attended the hospital numerous times for treatment of her injuries. There was no specific charge laid in relation to this.

Arrest: McLaughlin was yelling, not giving up his arms to be handcuffed, kicked with his legs, sat on his legs and ETF officers were needed for him to be successfully arrested. He was eventually arrested and read his RTC.

He was then transported to the hospital to be examined by a doctor for the injuries he may have sustained during the incident. He was cleared by medical staff at the hospital and transported to 52 Division and held pending a show cause hearing.

Car crash/damage to vehicles:

McLaughlin sideswipes 4 vehicles then makes a turn, loses control and hits a concrete barrier and comes to a resting stop

i. The Ford Explorer that McLaughlin was driver – Richard Paliani's car

1. Driver: Perry Chan of 2014 Toyota Camry
2. Driver: Thomas Greenberg – 2018 Audi Q7
3. Driver: Tsehay Degaga – 2015 Toyota Camry
4. Driver: Akhtar Bokhari – 2014 Toyota Camry

ii. The stolen Ford's airbags were deployed and extensive damage

iii. Officers tried to move the vehicles so that traffic could continue but they were unable to and this caused further traffic delays for downtown Toronto (University and King)

Each victim indicated that their losses were covered by insurance.

Charge 5 and 6 – PPOC x 2

Search incident to arrest: Officers located an Ontario Driver's License and Ontario Health Card in the name of Adam Keys and an Ontario Driver's license in the name of Erin MacDonald.

Charge 7 and 8 - FTC probation x 2

12 month probation order imposed on March 26, 2018 by Justice Kowalyshyn in Chatham-Kent, ON, with the condition "Do not possess any ID card with a data strip, or security strip, credit card or debit card, blank card with a magnetic strip, cheque, negotiable instrument or baking document unless it has been lawfully issued in your name."

24 month probation order imposed on May 29, 2018 in Windsor by Justice Campbell, with the condition "Do not possess any ID card with a data strip, or security strip, credit card or debit card, blank card with a magnetic strip, cheque, negotiable instrument or baking document unless it has been lawfully issued in your name."

By having the aforementioned property that was not lawfully issued to Mr. McLaughlin's, he was in breach of both probation orders.

Charge 9 – HTA – Drive while under suspension

On August 5, 2016, McLaughlin's Ontario Driver's License was suspended for Remedial under the HTA. The suspension was indefinite.

ABANDONED CAR SEARCH

The vehicle was abandoned by McLaughlin and the officers pursing the stolen vehicle contacted the Registered Owner who gave the police permission to search his vehicle.

The stolen vehicle was sealed by uniform officers at the scene of the arrest and towed to Traffic Services at 8 Hanna Ave. The vehicle was searched with the following results:

Charge 10 to 14 - PPOC x 4

Sometime between August 20-24, the victim, Michelle Quenneville, reported her residence was broken into by unknown persons. She advised that several pieces of her property were stolen including 3 USB sticks. Upon completion of a search of the stolen Ford vehicle, officers located the victim's 3 USB sticks in the vehicle.

On August 22, 2018, the victim, Amar Noamar-Bashi, reported his vehicle was stolen by unknown persons. The victim advised that several pieces of his property were stolen including a large set of keys and a drill. Upon completion of search of the stolen vehicle, officers located the set of keys and drill.

On August 23, 2018, the victim Ursula Redman, reported that her residence was broken into and advised that several pieces of her property were stolen, including personal cheques, a Royal Bank Interac card and a Visa Gold Card. Upon completion of a search of the stolen vehicle, these items were located in the vehicle.

On August 23, 2018, the victim, Tina Kakish, reported her residence and vehicle were broken into by unknown persons. She advised that several pieces of her property were stolen including personal papers and a garage door opener. These items were found in the stolen vehicle.

Charge 14 – Possession of break in instruments

Located in the stolen vehicle: several break in instruments including 6 multi tools, 3 hammers, small crow bar, pliers, lockpicks, 3 knives and a hacksaw.

Charge 15 - P4P trafficking crystal meth

b. In the stolen vehicle: 2 separate bags of crystal meth

i. Bag 1: 4.72 grams ii. Bag 2: 53.35 grams iii. Total = 58.07 grams (2.04 ounces)

Street value = If sold by the gram = $6000

Figure 1 - Motor Vehicle Accident Report

Figure 2 - PC Gill 9401 M emo Book Drawing

Recovered property from the car (see SOCO):

Other than crystal meth

Electronics:

1. Grey Apple Wrist watch
2. Canon digital camera
3. GPS in factory packaging
4. Cooler master computer adaptor
5. Apple iPhone 4
6. Silver blackberry cell phone
7. Wintec Micro SD Card
8. Silver tone Apple iPod
9. Grey apple iPod
10. Samsung cell phone in black case
11. Samsung cell phone
12. GPS
13. JBL Bluetooth speaker
14. Tom GPS
15. Black dell latitude laptop
16. Silver tone Acer Aspire laptop
17. Black acer aspire laptop
18. JBL Portable bluetooth audio speaker
19. Several flash drives
20. Epson Printer

Personal documentation of victims:

1. Insurance card
2. Ownership
3. Ontario Health card
4. Bank card
5. Photo ID on lanyard

Tools

1. Dewalt drill with battery
2. Dewalt hammer drill with battery
3. Dewalt battery charger with two batteries
4. Mastercraft circular saw
5. Socket set
6. Hack saw
7. Hammer
8. Quantity of hand tools

Other:

1. Michael Kors purse
2. Bench watch
3. Bulova watch
4. BD Ultra fine II insulin Syringe (10 pack)

Victims

1. Richard Paliani – 2017 Ford Explorer – his MV was stolen
2. Nadia Preston - license plate was stolen
3. Driver: Perry Chan of 2014 Toyota Camry
4. Driver: Thomas Greenberg – 2018 Audi Q7
5. Driver: Tsehay Degaga – 2015 Toyota Camry
6. Driver: Akhtar Bokhari – 2014 Toyota Camry
7. Adam Keys – stolen ID
8. Erin MacDonald – stolen ID
9. Michelle Quenneville – stolen USBs / her house broken into
10. Amar Noamar-Bashi – stolen keys and a drill
11. Ursula Redman – personal property stolen including cheques & credit cards / house broken into
12. Tina Kakish – personal property stolen/house broken into
13. Bella Garvaki – knocked down during police chase on foot

DEAN McLAUGHLIN – CRIMINAL RECORD

Pre-offence date of August 31, 2018

Date	Jurisdiction	Offence	Disposition
2015-08-05	Windsor Youth	Over 80	1 year probation, 40 CSH, 1 year driving prohibition
2017-03-31	Windsor	Assault FTC with conditions of undertaking	Conditional discharge & 1 year probation
2017-10-25	Windsor	Mischief under (GP to lesser included offence instead of B&E) FTC probation	Suspended sentence + 18 months probation
2018-02-28	Windsor	Theft under (from Shoppers but found with two stolen cheques, keys and a binder not belonging to him, car keys and a stolen license plate, IDs belonging to someone else – PPOC x 4 W/D)	Suspended sentence 18 m probation
2018-02-28	Windsor	B&E with intent to commit indictable offence (break into building, caught with B&E tools)	15 days PSC 1 further day jail 18 m probation
2018-03-26	Chatham	PPOC over (stolen MV + license plates) Obstruct PO (false name) Possess counterfeit money ($80 USD) Possess break-in instruments x 10	75 days globally (48 days on each charge concurrent & 27 days PSC) 12 months probation
2018-05-11	Windsor	B&E & commit indictable offence (enter building and steal car)	15 days PSC + 1 further day 2 years probation
2018-05-29	Windsor	Possess counterfeit money Utter counterfeit money (tried to use fake $50 USD in Walmart) Theft under (Loblaws, flees scene) PPOC over x 4 (stolen MV, stolen license plates x 3)	30 days PSC 30 days jail 24 months probation
2019-10-17	Windsor	Fraud under (Aug, 11, 2018 – transactions at Canadian Tire) Possess counterfeit money (Aug, 11, 2018 – $140 USD fraudulent currency) FTC probation x 4 (Aug, 11, 2018 – counterfeit money; May 9, 2019 x 3) Theft under (Aug 6, 2018 – theft from MV and caught on surveillance using car owner's bank cards) Possess/use/traffic credit card, etc obtained by crime x 2 (Aug 7, 2018 - ^ same) FTC Recog x 2 (May 9, 2019) PPOC over (May 9, 2019) Theft of MV (May 9, 2019)	11 months globally 243 days PSC credit Further 87 days 18 months probation
2020-03-05	London	Theft of MV (offence March 8, 2018) B&E (offence March 8, 2018 – into apartment building and break into multiple cars)	5 months less PPC (78 actual days enhanced to 117) + 18 m prob

May 2019 Synopsis (Windsor)

Occurrence #: 19-39438

Charges:

1. FTC recognizance x 10
2. FTC probation x 8
3. PPOC over x 4
4. Theft of MV
5. B&E and commit indictable offence
6. Fraud under x 3
7. Possess/use/traffic credit card / forged credit card/credit card obtained by crime
8. Fraudulently possess/use/traffic credit card data

On May 29, 2018 Dean MCLAUGHLIN (97-06-20) was placed on probation with the condition: "Do not possess any identification, card with a data strip or security chip, credit card, credit or debit card data, a blank card with a magnetic strip, cheque, negotiable instrument or banking document unless it has been lawfully issued in your name."

On April 10, 2019 MCLAUGHLIN was released on a recognizance with conditions:

• "House Arrest-Remain in your residence at all times"
• "Do not operate or have care or control of a motor vehicle"
• "Do not possess any identification, card with a data strip or security chip, credit or debit card, credit or debit card data, a blank card with a magnetic strip, cheque, negotiable instrument or banking document unless you can prove that it has been lawfully issued in your name."

On Tuesday, May 7, 2019 Patrick BEAUMIER (70-02-03) reported to Windsor Police that his 2012 blue Dodge Grand Caravan, VIN#2C4RDGBG9CR419117, bearing Ontario plate BPJB542 was stolen from his driveway at his residence located at 956 Bellagio Drive, Windsor, Ontario. He indicated that the vehicle had damage to the tailgate.

On Thursday, May 9, 2019 at 5:00 am Windsor police officer was on routine patrol in the area of Cataraqui Street and Parent Avenue. The officer observed a 2012 blue Dodge Grand Caravan making a south bound turn onto Parent Avenue. This vehicle had no front plate affixed to the bumper however, dirt was on the front bumper where the plate would be, giving the officer reason to believe a plate was recently removed.

The officer followed the vehicle at a distance and observed damage to the tailgate. The officer observed the vehicle accelerate to speeds in excess of 100 km/h.

The officer had previously received information that a 2012 blue Dodge Grand Caravan was reported stolen on May 6, 2019 and the vehicle had damage to the tailgate. Given this information, the officer believed this vehicle was the Grand Caravan reported stolen.

The officer was able to locate the vehicle behind 871 Ottawa Street. As he approached, he demanded the male in the driver's seat, later identified as Dean MCLAUGHLIN (97-06-20), to stop.

MCLAUGHLIN dropped his backpack and ran westbound toward Elsmere Avenue. The officer chased MCLAUGHLIN between 1333 Elsmere Avenue and 1335 Elsmere Avenue where he stopped, placing his hands in the air and laid prone on the ground. The officer advised MCLAUGHLIN that he was under arrest for Possession of Stolen Property Over $5000 and placed him in handcuffs.

MCLAUGHLIN was cautioned, read his rights to counsel and given the legal aid 1-800#s. When asked if he understood he stated that he did.

The officer confirmed that the VIN on the vehicle driven by MCLAUGHLIN was in fact 2C4RDGBG9CR419117, the Dodge Grand Caravan reported stolen by BEAUMIER.

The officer noted that an Ontario licence plate was attached to the rear of the vehicle, Ontario BPJB542 which is registered to a similar van and owned by Anthony BLAK (55-02-06). A second Ontario licence plate was located inside the vehicle as the officer did an inventory prior to towing. This plate, Ontario ASAJ741 is registered to a similar van and owned by Ryan GULDIE (76-06-15).

Officers spoke to BLAK and GULDIE and confirmed that their licence plates were stolen.

Police Services Dog attended the scene for a track following the path that MCLAUGHLIN took after fleeing the vehicle. Recovered during this track was six banking cards, an Ontario photo health card and Ontario photo driver's licence all in the name of Pen XIN (67-11-15) of 3651 Holborn.

Officers spoke with XIN who confirmed that his residence was broken into through the night and his wallet, vehicle keys and vehicle were missing. MCLAUGHLIN stole XIN's jacket which contained keys to his 2016 Toyota Highlander and his wallet with identification and banking cards.

MCLAUGHLIN was found to be in possession of XIN's identification and banking cards, including a Capitol One Mastercard at the time of his arrest. It was not until after MCLAUGHLIN's remand into custody that investigation revealed that XIN's Capitol One Mastercard, was fraudulently used at the following times and locations:

• 4:30AM at Tim Hortons located at 3136 Jefferson Blvd for $15.49
• 4:32AM at Pioneer Gas Station located at 3124 Jefferson Blvd for $94.53
• 4:53AM at Shoppers Drug Mart located at 500 Tecumseh Rd E for $39.55 and $11.23

Having been in possession of XIN's Capitol One Mastercard which had been used fraudulently three times forty-five minutes prior to his arrest; MCLAUGHLIN can be charged with possess/use credit card obtained by offence, unauthorized use of credit card data and fraud x 3.

APPENDIX "B"

[Still image from in-car camera footage showing vehicle damage and density of traffic during police chase]

1His driver's license was also suspended at the time.