More than three years since former Windsor police detective David Van Buskirk beat up Dr. Tyceer Abouhassan, the hearing into what happened afterward is nearing its end.

On Monday, prosecutor Suzanne Porter concluded her case against Staff Sgt. Paul Bridgeman — the veteran Windsor police officer who allegedly tried to protect Van Buskirk from prosecution.

Insp. William Donnelly, who’s now in charge of Windsor police investigations, told the hearing on Monday that there are clear directives on conflict of interest for investigating officers.

“You stop it as soon as you become aware of it,” Donnelly said.

Bridgeman is facing Police Act charges of discreditable conduct and neglect of duty.

It’s alleged that he tried to cover up the April 22, 2010, incident by having Abouhassan charged with assaulting a police officer –  even though Abouhassan was seriously injured in the altercation and a surveillance video shows Van Buskirk repeatedly striking him.

At the time of the incident, Donnelly was the staff sergeant in charge of the investigative analysis branch. A specialist in Donnelly’s branch was asked to examine and enhance the surveillance video, which was taken from a camera overlooking the parking lot of the Jackson Park Health Centre.

Andrew McKay, Bridgeman’s lawyer, asked questions of Donnelly on Monday.

The hearing heard that Bridgeman did not allow Van Buskirk to view the video before taking Van Buskirk’s statement.

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McKay noted that Bridgeman told senior police administration about the case — which Donnelly said is “not ordinarily” done. McKay characterized the step as “not the act of someone trying to hide something.”

The hearing also heard that Abouhassan could not be reached to provide a statement before the original charge submission form was filed.

As well, McKay said the form does not bear Bridgeman’s handwriting or endorsement signature: Bridgeman was not on duty at the time that paperwork was processed.

Donnelly said Bridgeman has handled more than 10,000 cases over the course of his career with Windsor police, and Donnelly has “no reservations” about Bridgeman being responsible for the Van Buskirk investigation.

Donnelly also disclosed that Van Buskirk is a longtime friend — someone he considers “a very good man.”

Donnelly said the enhanced video shows a shadow that indicates Abouhassan struck at Van Buskirk, and he “absolutely” believes Van Buskirk’s account of what happened on that day.

Asked if Van Buskirk was well-respected by his colleagues, Donnelly told the hearing: “If anything happened to anyone in my family, I would want David Van Buskirk to lead the investigation.”

Van Buskirk pleaded guilty to assault in April 2012. Two months later, he resigned from the Windsor Police Service.

Det. Kent McMillan was originally facing Police Act charges alongside Bridgeman, but he announced his retirement in February.

The hearing continues 10 a.m. Tuesday.

A Windsor police officer accused of trying to cover up the beating of a local doctor by another cop will testify in his own defence, his lawyer said Tuesday.

“My client wants his day in court,” lawyer Andrew McKay said outside the hearing room.

McKay said Staff. Sgt. Paul Bridgeman made the choice after some “soul-searching” Monday night.

The decision to mount a defence means the Police Act tribunal will continue in August.

McKay said there will likely be four or five defence witnesses — among them Deputy Chief of Police Vince Power, who was superintendent of investigations at the time of the alleged offences.

McKay said Bridgeman is looking forward to the opportunity to speak his piece.

Suzanne Porter, this hearing’s prosecutor, wrapped up her case on Monday.

Bridgeman is facing Police Act charges of discreditable conduct and neglect of duty for his decisions in the investigation of the April 2010 altercation between Windsor police detective David Van Buskirk and Dr. Tyceer Abouhassan.

It’s alleged that Bridgeman tried to cover up the incident by having Abouhassan charged with assaulting a police officer.

A surveillance video recording shows Van Buskirk striking Abouhassan, knocking him to the ground.

Van Buskirk pleaded guilty to assault in April 2012. He resigned from the force two months later.

The charge against Abouhassan of assaulting a police officer was stayed.

This is the second Police Act hearing Bridgeman has had to endure in relation to the Van Buskirk case. Bridgeman was previously found not guilty of trying to dissuade Abouhassan from pressing charges against Van Buskirk.

McKay said there are other matters involved in the current hearing that could require further legal proceedings — such as a possible summons to appear for an investigator with the Office of the Independent Police Review Director, who probed the Van Buskirk case.

Tuesday’s proceedings included discussion about former Windsor police detective Kent McMillan, who was originally facing Police Act charges alongside Bridgeman until McMillan retired from the force in February.

McKay argued that the Police Act charges against McMillan should be withdrawn. “This tribunal does not have jurisdiction, as he is no longer a police officer,” McKay said.

Porter argued that the charges should instead be indefinitely adjourned.

The matter will be discussed further on Monday.

dchen@windsorstar.com

A violent criminal with 58 prior convictions had sexual assault charges against him dismissed in Ontario court Tuesday.

Scott Allan McLaughlin, 45, was accused of sexually assaulting a fellow inmate at Windsor Jail in October 2011

After talking to the alleged victim together with the investigating police officer before Tuesday’s trial, the prosecutor decided not to proceed. “The Crown is offering no evidence,” assistant Crown attorney Jennifer Holmes told the judge before the charges were dismissed.

The allegations against McLaughlin came as he awaited trial for kidnapping and sexually assaulting a 71-year-old woman in 2009.

After firing two lawyers and delaying his case for more than a year, McLaughlin pleaded guilty to sexual assault causing bodily harm, kidnapping, robbery, uttering a death threat and breach of probation.

He forced his victim to take him on a harrowing four-hour drive and sexually assaulted her in a deserted church parking lot, then stole her car and led police on a chase. He also pleaded guilty to dangerous driving, driving while disqualified and resisting arrest.

McLaughlin has yet to be sentenced for the 2009 crime because the Crown is seeking a dangerous offender designation which could keep him behind bars indefinitely.

At his last hearing, a psychiatrist hired by the Crown testified McLaughlin shows signs of being a psychopath whose violent behaviour is escalating.

The doctor said McLaughlin may find some gratification from degrading his victims.

McLaughlin spent six years in prison for the 1999 strangulation murder of a Calgary woman. His conviction was overturned by the Alberta Court of Appeal. On the eve of his second trial in 2005, the Crown stayed proceedings against him.

ssacheli@windsorstar.com or on Twitter @winstarsacheli

A former Canadian soldier with a penchant for restricted firearms will learn next month whether he will go to jail for threatening his wife and neighbours with a loaded handgun last summer.

James Nissila, 45, spent the day playing baseball and drinking beer July 21. When he returned home around midnight to find his children in the care of a babysitter, he went through his Lakeshore neighbourhood in a fit of jealousy looking for his wife.

“I’m gonna kill that bitch,” he yelled. “I’m gonna put a bullet in her head.”

One of the neighbours went to the Nissila home to get his young daughters out of the house. There she was confronted with a belligerent Nissila holding a handgun.

Nissila then went through the neighbourhood, the gun still in his hand, pounding on doors.

Police arrested Nissila at gunpoint in what court heard was a “terrifying situation” for neighbours.

Inside Nissila’s home, police found a loaded .45-calibre Colt semi-automatic handgun and a loaded magazine in a box under his bed. Police also found a .38-caliber Smith and Wesson revolver in the attic above the garage, a .223-caliber semi-automatic rifle in the basement stored with two illegal magazines capable of holding 30 cartridges of ammunition each and several other rifles and shotguns in the garage.

Nissila, a member of the elite Canadian Forces Airborne Regiment disbanded in 1995 after the brutal beating death of a teenager in Somalia, pleaded guilty in March to possession of a weapon dangerous to the public, possession of a prohibited device, unsafe storage of a firearm and two counts of uttering death threats.

Nissila’s wife, who accompanied him to court for his sentencing hearing Wednesday, refused to co-operate with police. In a statement to the court she provided as a “victim” of his crime, she criticized police and others who intervened.

Her attitude troubled Ontario court Justice Mitch Hoffman.

“One of the things that concerns me about this case is Mrs. Nissila’s lack of concern about herself and others,” the judge said.

Assistant Crown attorney Tom Meehan asked Hoffman to sentence Nissila to 90 days in jail followed by two years on probation.

“Public safety is at play here.”

Defence lawyer Ken Marley asked for a suspended sentence or house arrest followed by probation.

He said Nissila suffers from chronic pain and collects a disability pension. On Marley’s advice, Nissila has taken treatment for addiction, anger management and pain management.

Court heard Nissila denies having a drug or alcohol dependency. On the day of his armed outburst, he mixed pain pills and beer.

Marley said Nissila is enrolled in a two-year computer program at St. Clair College. He is not employed, but helps his wife do the books for her hairdressing business.

Meehan called Nissila “dangerous,” pointing to the 30-cartridge magazines found in his home.

“Why do you need cartridges capable of shooting that many projectiles?” Meehan asked.

The judge is expected to sentence Nissila next month. Since Nissila will likely be the subject of a weapons prohibition, the judge will also determine what will happen to the guns seized from the man’s home.

ssacheli@windsorstar.com or on Twitter @winstarsacheli

A geriatric home invader was sentenced Thursday to five years in prison for robbing an elderly couple last summer.

Robert Mahon, who turns 68 on Monday, climbed through the bedroom window of a home on McEwan Avenue at 1:30 a.m. July 9. 2010 armed with a hunting knife. He ordered the woman in the house to get shoe laces to tie them up, then cut her on the hand when he thought she wasn’t moving fast enough.

Mahon was convicted of break and enter, robbery, forcible confinement, assault with a weapon and possession of a dangerous weapon.

He showed no remorse for his crime, said Superior Court Justice Joseph Quinn, and seems to have no appreciation for how his crimes affect his victims.

Mahon, whose long criminal record includes more than two dozen convictions spanning six decades, has a Grade 8 education and collects a disability pension. His first conviction was for a break and enter in 1962 in his home province of Newfoundland. The latest was a local conviction in 2010 for possession of break-and-enter tools.

Mahon’s life, said Quinn, has been marked by crime and unemployment.

Mahon has seven children from four relationships. Two sons attended court regularly during his trial.

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Defence lawyer Christina Sweet asked the judge to consider Mahon’s advanced age and ill health in sentencing him. She argued for a sentence of four years in prison.

Assistant Crown attorney Russ Cornett pointed to Mahon’s long criminal record and asked for a sentence of six years.

Mahon has been free on bail awaiting sentencing. He spent 24 days in jail following his arrest soon after the crime.

Mahon has always denied his guilt. Limping and walking with a cane, he claims leg and back problems would preclude him from committing such a crime. But on one court date earlier this year, he dashed down a staircase to avoid reporters.

Thursday, he passed his cane back to his son before being led away by police to begin serving his sentence.

Victim George Bulley attended court Thursday. He said he thought the sentence was fair considering the terror Mahon’s crime continues to inflict on him and his wife.

“We still think about it, at night when you hear a noise,” said the retired Chrysler worker.

Sweet said five years could amount to a life sentence for someone like Mahon. She described Mahon as “a heavy smoker” who has not led a healthy lifestyle.

ssacheli@windsorstar.com or on Twitter @winstarsacheli

A former amateur boxer from Windsor serving 25 years in prison for the murder of a drug dealer is appealing his 2010 conviction.

Shane Huard, 32, was convicted of first-degree murder for the August 2006 shooting death of Troy Hutchinson. A jury convicted him after four months of trial.

Huard’s case will be heard by the Ontario Court of Appeal on June 27.

Huard had been charged along with Richard Zoldi. Tried separately Zoldi, 35, was convicted of second-degree murder and was sentenced to life with no chance of parole for 13 years.

The Crown’s theory in the case was that Huard procured the murder weapon, but that Zoldi pulled the trigger.

The case gained notoriety after the pair’s first trial ended in mistrial when it was revealed that police conducted background checks on potential jurors.

Zoldi’s lawyer withdrew from the case, then the man had trouble finding new legal representation because of a boycott of Legal Aid cases by criminal lawyers in the province.

The two men had to be tried separately, with Zoldi’s prosecution being delayed for a year.

The same judge, Superior Court Justice Bruce Thomas, presided over both trials.

David McLennan’s mother looked a Superior Court judge in the eye Monday and begged him not to send her son to jail.

“If you could impose something other than jail time, it would be such a relief to me and him,” Maureen McLennan told Justice Terry Patterson.

Maureen McLennan was one of six people who spoke in support of David at his sentencing hearing Monday. All asked that the man be spared jail.

McLennan was convicted in April of dangerous driving causing death for a July 24, 2008 crash on Creek Road in Amherstburg that claimed the life of his 16-year-old son, Dylyn. His three-week trial heard that McLennan had been drinking and doing stunts in his 1970 Ford Mustang before the crash.

McLennan and his front seat passenger survived being ejected from the car after it hit a ditch and flipped through a field of soybeans. Dylyn, who had been riding in the back seat before being thrown from the vehicle, died from his injuries.

Defence lawyer Michael Gordner argued McLennan should receive a suspended sentence with community service. He brought to court a pamphlet from the local public school board about a speaking circuit McLennan could join.

“It’s not appropriate to sentence him to jail time when there is an alternative,” Gordner said.

McLennan, a truck driver by trade, had his driving record entered as an exhibit. It showed he has had 13 traffic tickets since 1990, seven of them for speeding. He has received demerit points four times and was charged once with failing to pay a traffic fine.

Dangerous driving carries no minimum sentence, making it eligible for a suspended sentence, Gordner argued.  House arrest and a curfew are other sentencing options, he said. If the judge is intent on sending McLennan to jail, Gordner asked that it be an intermittent sentence which would allow McLennan to keep his job.

The sentencing hearing heard from McLennan’s estranged wife, Robin, who testified their marriage disintegrated because of the court proceedings.

Robin McLennan said her daughter, Darla, now 16, would be destroyed if her father were sent to jail. “She needs her dad bad. That’s why I’m here today.”

McLennan blames himself for the crash and for their son’s death, Robin testified.

Gordner argued McLennan has already paid dearly for his mistake.

“Take into consideration the great personal loss Mr. McLennan has already suffered.”

The sentencing hearing continues Tuesday with submissions from the Crown. Assistant Crown attorney Tom Meehan said he will ask that McLennan be sentenced to jail.

ssacheli@windsorstar.com or on Twitter @winstarsacheli

A woman who stabbed her abusive boyfriend’s other girlfriend in the neck fell to her knees sobbing in a Windsor courtroom Monday before getting carted off to jail.

Tanya Scott was sentenced to nine months behind bars for aggravated assault after stabbing Stacey Flatt outside a west end bar.

Defence lawyer Daniel Topp was visibly shaken after watching Scott and her family say their tearful goodbyes in the courtroom. Scott kissed her mother and daughter, told them she loved them, then took off her jewelry and gave it to them.

Topp said the sentence was heartbreaking because Scott, whose run-ins with the law all stemmed from interactions with her abusive boyfriend, was starting to set things straight in her life.

“This case will haunt me, given her circumstances that she starts out the victim, and life seems to be going good for her now,” said Topp. “Everything was going well. But we have to deal with this event.”

The melee began around 1 a.m. on Nov. 28, 2010. Scott’s boyfriend Tyrone Elliott showed up at the bar with Flatt, who he was having a relationship with. Scott called him out on it, and he started beating her. Several people jumped in to break it up.

Scott, who happened to be carrying a knife because she was working as a caterer, then headed for Flatt. There was a struggle, and Scott stabbed her in the neck. Scott fled but turned herself in a couple of days later.

Assistant Crown attorney Roger Dietrich acknowledged Scott did face some personal setbacks, including abuse at the hands for her boyfriend, but still asked for a 12- to 18-month sentence.  He said Scott’s actions showed her intent to do “serious harm.”

“It’s not a stab to the arm, it’s not a stab to the leg, it’s to the neck area,” said Dietrich.

Topp tried to keep Scott out of jail by asking the judge to impose a six- to nine-month sentence she could serve in the community.

He said an unlikely “perfect storm” of events occurred that caused the stabbing. Topp said Scott doesn’t normally carry a knife. She had it on her that night because she’d been working. Then Elliott showed up at the bar with Flatt, before assaulting Scott.

“Certain things had to line up for this to happen,” said Topp. “The stars had to align, and unfortunately it happened.”

Despite that, and a tearful plea from Scott, Superior Court Justice Bruce Thomas sentenced her to nine months in jail. That will be followed by two years of probation that will include anger management counselling.

“The only thing I’m worried about is my son and my job and I’m very remorseful,” said Scott, her words muffled by sobs.

“I know you found me guilty. I didn’t go behind her and maliciously stab her.”

Thomas agreed it was a perfect storm but said that’s no excuse for Scott, who had a previous record of violence.

“It is a perfect storm, but it is a perfect storm that could have led to a homicide,” he said.

“It’s a wounding crime, a crime of violence where there is serious bodily harm.”

Thomas said the victim was not posing any immediate threat to Scott when the stabbing occurred.

“Things were not going well with Mr. Elliott, and she saw what she thought was the root of her problem that evening,” he said.

Thomas didn’t impose a condition forcing Scott to stay away from Elliott, even though he thought it would be good for her. He had concern that Elliott would try to contact her, causing her to breach the conditions through no fault of her own.

But Thomas still warned Scott to stay away from him.

“He is not good for you, he is not looking out for your best interests and you should stay away from him,” said Thomas.

A weeping crack addict whispered “sorry dad” from the prisoner’s box Tuesday before confessing to the horrific, drug-fuelled murder of his own mother.

Jason Glen Coffey beat his 63-year-old mother Florence and stabbed her at least 40 times. Then he took money from her purse to buy drugs, leaving her to bleed to death on her bedroom floor.

“It’s a horrible nightmare for everyone involved,” defence lawyer Andrew Bradie said outside court. “And to imagine that someone could become so addicted to crack cocaine, so dependent upon it, to get himself in this situation and to cause that much pain to himself and to everyone else is obviously something very troubling.”

Coffey, 41, was charged with first-degree murder, which implies an element of planning. He pleaded to the lesser charge of second-degree murder, which still carries a life sentence. There will be a sentencing hearing in September to determine when he might be eligible for parole.

Tears streamed down Coffey’s face as he stood before Superior Court Justice Bruce Thomas and said “guilty.” He buried his head in his hands as he listened to the facts read out in court. His father Jack sat stone-faced behind him in the gallery.

Coffey’s sister, overcome with grief, ran sobbing from the courtroom and nearly collapsed after hearing some of the most gruesome details.

“Today was a particularly painful and sad day for anyone involved in this matter,” said Bradie. “The deceased is the mother of the accused. Her husband – his father – his sister were all in court. Obviously all devastated by what happened.”

Coffey murdered his mom on July 13, 2012, in her bedroom at 564 Oak Ave. It was just a couple of days after she’d taken Coffey in because his girlfriend had tossed him out. His father, tired of the drug use, lies, stealing and heartbreak, didn’t want him in the house.

A month earlier, Coffey broke into Sir Cedric’s restaurant in LaSalle, where his mother had worked for 20 years. He stole some cash. It was caught on video. He was arrested in early July for break and enter.

After he repeatedly lied about it to his girlfriend, giving her various  stories about what happened, she kicked him out July 11. Coffey went to his parents’ place.

On July 12, Coffey bought a number of 8-Balls, about 3.5 grams each of crack cocaine. His father caught him stoned and told him he had to leave. Later that night, Jack went to his bedroom, which was separate from his wife’s room. Coffey went out to buy another 8-Ball.

Sometime between 12:30 a.m. and 2:30 a.m. on July 13, Coffey slipped into his mother’s bedroom high on crack cocaine. He had two knives, one of which was his father’s fish filleting knife.

Coffey stabbed his mother at least 40 times, inflicting wounds between one and 14.5 centimetres deep all over her body. Some were defensive wounds. Florence also suffered blunt force trauma.

Court heard that while Florence was on the floor bleeding, her son sat on her neck and upper chest with his legs on either side of her head.

Coffey then cut the phone lines to his mother’s room and rifled through her purse. He took cash, two debit cards and her car keys, then left her bleeding on the floor.

“She was alive when all the wounds were inflicted, and ultimately bled to death,” assistant Crown attorney Elizabeth Brown said while reading out the facts in court.

Coffey changed out of his blood-covered clothes, jumped into his mother’s car and went to pick up his drug dealer. The pair went to an ATM and Coffey tried to take out money. It didn’t work because he didn’t have the right security codes. But he did have $160 in cash.

He used it to buy drugs then went back to his parents’ home, to search his mom’s purse for more money. Around 3:30 a.m. or 4 a.m., he went out again to buy more drugs.

When Florence’s husband Jack woke up later that morning, he immediately felt something wasn’t right. Florence’s car was gone and the door to her bedroom was open, which was unusual.

Jack peeked in the room. His wife was on the floor covered in blood, with his fillet knife on top of her. He called out her name, tried to shake her. When he realized she was stiff and cold, he called 911.

Coffey, meanwhile, was out buying more crack cocaine. Police found him around 12:25 p.m. at the corner of Elliott Street and Dougall Avenue. He told them a black guy had robbed him and taken him to his parents’ house.

On the way to police headquarters he had an anxiety attack and fainted. Officers took him to Hotel-Dieu Grace Hospital, where it was discovered he still had his mother’s blood on him.

At the hospital, he told 10 different officers a drug dealer had killed his mother. The next day, confronted with evidence during a two-hour videotaped interview, he said he accidentally killed his mom.

“Drugs had everything to do with this,” said Bradie. “I think it’s clear from everything I’ve heard that when my client is not on crack cocaine, he is a totally different person than when he is. It was a spiral of crack cocaine abuse, ever escalating.”

Bradie said his client pleaded guilty to spare his family from reliving the “sorrow and pain” at trial.

“He recognized that he had perpetrated a crime upon his mother which would never allow the family unit to be the same, that his father lost his wife, his sister lost her mother,” said Bradie. “And all he could do to try to show the extent of his sorrow and remorse was to accept responsibility.”

David McLennan deserves more punishment than the loss of his son, a prosecutor told the man’s sentencing hearing Tuesday.

Assistant Crown attorney Tom Meehan asked Superior Court Justice Terry Patterson to sentence McLennan to 12 to 15 months in jail for the July 2008 crash that claimed the life of McLennan’s 16-year-old son, Dylyn.

In addition, said Meehan, McLennan, a truck driver by trade, should lose his licence for three years.

McLennan, 51, was convicted by a jury in April of dangerous driving causing death following a three-week trial. McLennan was driving his restored 1970 Ford Mustang on Creek Road in Amherstburg on July 24, 2008, when he left the roadway, hit a ditch and flipped the car 119 metres through a soybean field.

Speed, alcohol consumption before the crash and stunt driving were all factors in the crash, Meehan said.

While McLennan’s lawyer argued McLennan made a “driving error” on a dangerous road, the jury “clearly rejected” that depiction, Meehan argued. “This was a high-speed, high-impact crash,”  he said.

Court heard McLennan and a friend drove to Amherstburg from Colchester to pick up Dylyn after a driving lesson. Along the way, the two men  stopped at Shooters Roadhouse for a few drinks.

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Leaving the bar, McLennan peeled out of the parking lot.

He drove to an address on Laird Avenue to pick up his son. Leaving that house, he attempted to do a donut in the street, but lost control and had to abort the move.

Court heard that just north of the crash scene, McLennan “dropped the clutch” at a stop sign, deliberately burning his tires.

McLennan’s “macho driving” is an aggravating factor in the case, Meehan said. So, he said,  is the fact that McLennan has had 13 traffic tickets since 1990, including one for speeding since the crash.

“Mr. McLennan’s driving record is not good,” Meehan said.

On the first day of the sentencing hearing Monday, McLennan’s lawyer said suitable punishment would be a suspended sentence with probation or house arrest, not jail.

Defence lawyer Michael Gordner also suggested McLennan could go on a speaking circuit in high schools and talk about the fatal crash.

Meehan said that would be “fruitless” in that McLennan maintains the crash was an accident. “He does not accept that he did anything wrong.”

McLennan has already said he intends to appeal his conviction.

The judge has reserved his decision.

ssacheli@windsorstar.com or on Twitter @winstarsacheli

The licensing body for auto dealers is appealing the acquittals of Clarke Chevrolet Buick GMC and its two senior managers on charges it engaged in shady business practices.

The Amherstburg dealership was fined $12,500 in court last month for using an unregistered salesman – Josh Beneteau – contrary to the Motor Vehicle Dealers Act.

But in her decision, justice of the peace Sonia Alongi found the dealership and managers Jim Clarke and Jesse Howell not guilty of more serious charges under the Consumer Protection Act.

The Ontario Motor Vehicle Industry Council confirmed Thursday that it has filed an appeal of Alongi’s decision.

Clarke, Howell and the dealership were acquitted of making an unconscionable representation to a customer and engaging in an unfair business practice. The charges stemmed from a vehicle sale in 2011.

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In separate proceedings, OMVIC is also looking to revoke the sales licences of the dealership and its principals, including Howell and members of the Clarke family.

The dealership announced earlier this year its assets were being bought out by the Rafih Auto Group, which plans to rename the business. The licence revocations would prevent Clarke from ever reopening at a new location, or Howell and the Clarkes to continue to sell cars elsewhere.

The dealership has twice been disciplined in relation to consumer complaints unrelated to the 2011 sale. Last year, it was named small business of the year by the chamber of commerce.

ssacheli@windsorstar.com

Twitter @winstarsacheli

The court saga of accused fraudster Sam Burgio now will drag out even longer after the immigration counsellor’s lawyer had himself removed from the case Friday.

Defence lawyer Ken Marley applied to the court to dump Burgio as a client, citing a “breakdown of the client-solicitor relationship.” In his application approved by Superior Court Justice Renee Pomerance Friday, Marley gave details of what the breakdown has entailed.

Burgio hasn’t kept appointments and wouldn’t give Marley instructions that would allow him to negotiate with the prosecutor, according to the application filed with the court. When the Crown recently applied to have Burgio’s bail revoked, Burgio used the hearing to proclaim his innocence. He then told Marley to schedule a hearing where he would plead guilty, the document says.

Burgio, whose real name is Francesco Salvatore Burgio, and his wife, Maria Angela Burgio, are up on 34 fraud-related charges after allegedly bilking more than $1 million from immigrants hoping to become Canadians.

There are 25 complainants in the case who say they gave Burgio between $1,300 to $394,000 for immigration documents and fees that were never submitted to the government.

The allegations date back to 2003.

The allegations against Burgio and other cases like them spurred the federal government to introduce new legislation in 2011 to crack down on crooked immigration consultants.

Burgio was scheduled to plead guilty Friday to at least some of the counts he is facing. It was the second such hearing that has been scheduled. Another hearing for him to enter a guilty plea had been scheduled in May.

He told Pomerance Friday he still intends to enter a guilty plea, but has applied for Legal Aid and will get a new lawyer.

Later in the day, defence lawyer Brian Dube appeared in court on Burgio’s behalf. Dube tried to set a trial date, but the judge insisted Dube take a month to get a handle on the case.

If a trial does take place, it is estimated to take four weeks, court heard.

Assistant Crown attorney Susan Cote told Pomerance the case has dragged on long enough.

“The Crown is concerned about the issue of delay in this case,” Cote said, explaining there are 25 complainants looking for a resolution. “They’ve been waiting three years for something to happen.”

Pomerance called the Crown’s concerns “very valid.”

ssacheli@windsorstar.com

Twitter @winstarsacheli

A Windsor woman who was a bit player in a drug trafficking ring pleaded guilty to her role in the operation Friday and was sentenced to house arrest.

Yvette Lucier, 27, pleaded guilty to conspiring to traffic in cocaine and possession of marijuana and magic mushrooms for the purpose of trafficking. She was one of 10 people charged after a 4 ½ -month investigation that included wire taps and culminated in pre-dawn raids at several residences in Windsor and LaSalle in January 2012.

Court heard Lucier was the girlfriend of Michael Allen Broughton, who is expected to plead guilty to his role in the scheme later this month. When police raided the west-end home she shared with Broughton, they found 7.5 kilograms of marijuana hidden in her bedroom closet and dresser and about 400 grams of magic mushrooms.

Christine Malott,  federal drug prosecutor

Federal drug prosecutor Christine Malott described Lucier as “a runner” for Shawn Joseph Evon, the alleged kingpin of the ring. Malott said police tapped Evon’s phones and heard him talking to Lucier and others about drug transactions.

In court Friday, Lucier’s lawyer said the young woman was doing Broughton’s bidding in selling the drugs. Lucier was a “naïve person” who feared the man she had been living with since she turned 21. Sweet showed the court photographs of walls and a cracked television said to have been damaged by Broughton in his many “fits of anger.”

That said, Sweet continued, Lucier “knew about the drugs. There is no way to soft-pedal it.”

When arrested, Lucier acknowledged her role in the drug trafficking, saying “it helped to pay the bills,” court heard.

Sweet said Lucier has already been punished for her role in the conspiracy. News of Lucier’s arrest resulted in her losing her seven-year job at Toys R Us. She now is employed at another retailer.

Superior Court Justice Bruce Thomas sentenced Lucier to house arrest, the main condition of which is a 7 p.m. curfew. She is allowed to be out after that time to work.

She will be on probation during her house arrest and for one year thereafter.

She can’t possess any weapons for 10 years and must provide a blood sample for the national DNA databank police use to solve crime.

She cannot associate with the other 10 people charged in the case.

Others charged include Broughton, Evon and Evon’s parents, Darlene Sandra Evon and William Lestern Evon. Also charged are Raymond John Caza, Milad Haidar, Jordann Lafreniere, Gerald Keith Lauzon, Danielle Patrick and Jason Andrew Potter.

Shawn Evon is expected to take his case to trial.

Lauzon and Caza pleaded guilty Friday to some of the charges before them. They will return to court later this month for sentencing, as will others expected to enter guilty pleas.

Broughton, one of several men who has been in jail awaiting trial for more than a year, was brought into the courtroom Friday while Lucier waited in the hallway. “I just want this to be over with,” Broughton said. “It’s affecting my health. I’m on suicide watch.”

The judge citing “security concerns” had Lauzon and Broughton brought into the courtroom separately. The last time the group was brought into court at the same time, the courtroom exploded in yelling and cursing.

ssacheli@windsorstar.com

There is no way to justify a Windsor cop killer going to a medium-security prison, says the widow of the city’s most eulogized slain officer.

“Families of crime, honestly, have zero rights,” said Shelley Atkinson, wife of the late Const. John Atkinson. “The criminal has all the rights.”

Shelley said she and her family only recently learned that convicted killer Nikkolas Brennan has been moved from maximum-security Kingston Penitentiary to medium-security Warkworth Institution for the remainder of his life sentence.

“It’s a slap in the face,” Shelley said at Windsor police headquarters on Thursday. “It’s re-opening the wound … and throwing a lot of salt in it.”

John’s uncle, Clark McDearmid, has released a hand-written letter denouncing the transfer, calling it “a mockery of the judicial system.”

Nikkolas Brennan in 2007. (Tyler Brownbridge / The Windsor Star)

On May 5, 2006, Brennan fatally shot John Atkinson after the officer interrupted a drug deal on Seminole Street.

It’s the only time a Windsor police officer has been murdered on the job.

Brennan was eventually handed the heaviest penalty for first-degree murder in Canada — imprisonment with no chance of parole for 25 years.

Shelley pointed out Thursday that Brennan has served only five-and-a-half years so far. “At least let him serve a majority of his sentence before we even consider privileges,” she said.

According to Shelley, a medium-security facility affords its prisoners greater freedom. “They don’t spend as much time in their cell, because they’re doing more leisure activities, programs and education,” she said.

As well, medium-security guards aren’t armed — unlike their maximum-security counterparts.

Shelley said it’s her understanding that Brennan was transferred to Warkworth for access to a particular rehabilitation program.

“My mother-in-law received a phone call the day of his move,” she noted. “Nothing before-hand. And then, a week later, we received a letter. But no explanation on the letter why he was transferred.”

Shelley’s sense of outrage is backed by the Windsor Police Association, which has sent a reaction letter to federal Public Safety Minister Vic Toews imploring him to intervene.

“This leniency toward a convicted murderer is appalling and an affront to the members of John’s family, the Windsor Police Service, and this community,” the letter states.

“Nikkolas Brennan must be held accountable for his actions. He remains a serious threat to society, and should not benefit from any special treatment.”

Jason DeJong, president of the WPA, said Brennan’s transfer has shocked, disappointed and angered many Windsor police members.

Const. John Atkinson in 1994. (Handout / The Windsor Star)

“I think it sends a terrible message,” DeJong said.

Chief of Police Al Frederick echoed the concerns of the WPA, and said police leadership wouldn’t have known about Brennan’s transfer without Shelley and the association coming forward.

“I think this needs to be addressed at the federal level,” he said. “I think that this is a disgrace, to be quite frank.”

But Frederick added that situations such as this where the transfer has already taken place are “always difficult to unravel.”

Asked if it’s possible that Brennan has fulfilled all the proper processes and is a transformed individual worthy of a medium-security facility, Frederick said: “It’s a good question. But that has not been communicated to us. What we’re left with is the fact that he did not show remorse at the time of the trial. He did not show any type of rehabilitation that we’re aware of.”

“We’re left knowing what we knew five-and-a-half years ago.”

At the time of Brennan’s arrest in 2006, an undercover officer listened to him brag about shooting Atkinson.

“I better get some respect up in here. I’m a killer,” Brennan said in the back of a prisoner van. “This is the sickest thing I’ve ever done. It was the highlight of my life, killing a cop.”

A jailhouse audio recording captured Brennan predicting he’d spend only 10 years in prison and boasting about the amount of crack cocaine he’d been carrying.

“They found like half a pound of crack on me,” Brennan said. “That’s like $1,600.”

Brennan made no statement at his sentencing in November 2007. His lawyer said he was remorseful, but “not the most articulate person in the world.”

Shelley said on Thursday that she’ll take her battle “as high as I can possibly take it.”

She plans on lobbying Members of Parliament and petitioning the public to put pressure on the Correctional Service of Canada.

She said her ultimate goal is to see a life sentence in the legal system be a true life sentence. “As my last word upon this Earth,” she said.

“Nikkolas Brennan was sentenced to 25 years — which we call ‘life,’” she said. “We (John’s family) are living a life sentence, every day.”

From right: Widow Shelley Atkinson with Jason DeJong and Ed Parent of the Windsor Police Association on June 20, 2013. (Dalson Chen / The Windsor Star)

Shelley Atkinson, widow of murdered Windsor police officer Constable John Atkinson, is shown on June 20, 2013. (Tyler Brownbridge / The Windsor Star)

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Warren Montcalm, who pleaded guilty to setting fire last year to his uncle’s home in retaliation for an altercation the two had nine months previous, was sentenced Friday to one year in jail.

The 20-year-old Windsor man broke into his uncle’s home on Holiday Court in Amherstburg on Oct. 21, 2012, by going through the garage then busting through drywall to get into the house. He filled the top of a stove with books, turned on the burner and spread gasoline before fleeing.

Assistant Crown attorney Elizabeth Brown said the fire caused $90,000 damage.

“Arson is a very serious offence,” said Brown, noting that someone could have been hurt or killed. “The stakes are very high.”

Brown said though Montcalm accepted responsibility by pleading guilty, a pre-sentence report — which labelled him immature — suggests he has not shown remorse.

Montcalm, who wore a T-shirt, a beard and a Mohawk hairdo, said, “No, your honour,” when the judge asked if he would like to say anything.

Ontario Court Justice Guy DeMarco sentenced Montcalm to one year in prison, minus the 84 days he has spent in pre-trial custody.

DeMarco also sentenced Montcalm to a further two years probation during which time he may not possess incendiary devices and cannot communicate with any of his victims. As well, the judge ordered Montcalm to attend counselling as directed by corrections officials.

On Friday, Montcalm also pleaded guilty to an unrelated incident in which he tossed a landscaping stone through a stranger’s glass patio door in the 1200 block of Abbey Court in Windsor. Nobody was hurt though a pregnant woman, who was hit on the back with glass shards, suffered ongoing anxiety as a result of the crime.

Her husband gave chase when the door was smashed, though Montcalm escaped. Police later responded to a report of a suicidal man, who turned out to be Montcalm. No motive was given in court for the vandalism.

Montcalm was sentenced to 90 days in jail to be served concurrent to the arson sentence.

Defence lawyer John Sitter said his client regrets his actions and has the support of his family, some of whom were in court Friday. Sitter also said that Montcalm’s uncle did not ask for a non-association order.

“He’s glad to get this behind him,” said Sitter, noting that the guilty plea shows remorse and that his client wants to get help with his issues. “His family is trying to help him out with everything.

“He does feel bad.”
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Essex MP Jeff Watson has added his voice to those outraged by the transfer of convicted cop killer Nikkolas Brennan to a medium-security prison.

“It’s beyond shocking,” said the Member of Parliament on Friday, adding that the system needs to be changed to ensure “the supremacy of victim rights over prisoner rights.”

Jeff Watson, MP for Essex, in May 2013. (Tyler Brownbridge / The Windsor Star)

“I think there’s a real disconnect between how Corrections Canada views prisoners, and the community and government’s expectations,” Watson said. “I think this (transfer) should be denounced.”

Watson said he sympathizes with Shelley Atkinson, the widow of Const. John Atkinson — who was murdered by Brennan in May 2006.

Shelley went public on Thursday with her frustration and disappointment that Brennan has been moved from maximum-security Kingston Penitentiary to medium-security Warkworth Institution — less than six years into Brennan’s life sentence.

The Windsor Police Association has sent a letter of protest to Public Safety Minister Vic Toews.

Watson said that upon learning of the situation, he immediately sent his own message to the ministry. He also personally contacted the Prime Minister’s Office on Friday morning.

“I’ve asked if they would express their own outrage, relative to the decision,” Watson said.

Although Watson admits that reversal of Brennan’s transfer may not be possible at this point, he feels the case can serve as a catalyst for system reform.

When Parliament reconvenes in the fall, Watson plans on asking for new legislation that would “tighten up the system more in favour of victims’ rights.”

Asked why he disapproves of Brennan’s transfer, Watson said it means greater freedom for “a cold-blooded murderer.”

“Even if it’s a marginal degree (of freedom), it’s still less scrutiny than a maximum security prison,” Watson said. “Secondly, it usually represents the first step in a slippery slope toward early parole.”

Brennan was arrested in May 2006. His sentence in November 2007 was imprisonment with no chance of parole for 25 years.

Told that Brennan’s sentence means he can’t apply for parole earlier than 2031, Watson said: “You know what? Within the corrections system, I don’t know if that always matters. The first threshold should never be crossed.”

Watson said he was also “stunned” that corrections did not give Shelley and her family advance notice of the move.

He said there’s legislation to ensure notification if a prisoner is downgraded to minimum security, but there’s currently nothing in the books regarding transfers to medium security.

Asked if he believes in rehabilitation, Watson said he does — but he also believes the current system is weighed too heavily on the side of convicts rather than their victims.

Watson added that he hasn’t “worked out all the implications,” and this story has elicited a “very emotional” reaction from him — but he believes the controversy may lead to better balancing of the system.

“The nature of the crime, and the expectations of the community — and the victim, more importantly — have to be considerations,” Watson said.

“(Brennan) may have fulfilled the requirements. My question is if the requirements are sufficient.”

dchen@windsorstar.com

Lee-Anne Goodman, The Canadian Press

WASHINGTON – The U.S. Supreme Court has struck down the Defense of Marriage Act thanks to a challenge from an elderly woman who married her longtime love in Toronto six years ago.

The ruling gives spouses in same-sex unions a full array of federal tax, health and pension benefits.

The court voted 5-4 on Wednesday to strike down the law, one of two rulings it’s making that could transform the United States on same-sex marriage, an issue now widely considered a civil rights battle — and one that is dramatically winning the support of Americans.

As many legal experts predicted, it was Justice Anthony Kennedy, a libertarian conservative on the panel, who broke ranks and voted in favour of striking down the law. Kennedy had already written two judgments for the court that upheld the rights of gays.

The act, known as DOMA, was signed into law by former president Bill Clinton, who has since said he regrets the decision.

The challenge to the legislation was spearheaded by a marriage made in Canada. Eighty-three-year-old Edith Windsor, a New Yorker, married her longtime partner six years ago in Canada, where same-sex marriage has been legal for almost a decade. The couple’s marriage was recognized by New York’s state government.

But when Spyer died in 2009, the federal government cited DOMA to force Windsor, who’s now ailing, to pay $363,000 in taxes on her late wife’s estate — taxes that wouldn’t have been levied against her if she’d been married to a man.

“It’s heartbreaking,” Windsor said earlier this year. “It’s just a terrible injustice, and I don’t expect that from my country. I think it’s a mistake that has to get corrected.”

The latest polls suggest the majority of Americans now support same-sex marriage, compared with just 13 per cent 25 years ago.

It’s not just a generation gap that explains the profound shift, pollsters are discovering — even some older Americans are changing their minds about gay marriage, as are citizens in rural areas, from religious backgrounds and in traditionally conservative jurisdictions.

Amid that backdrop, the nine-member Supreme Court heard arguments in March in a challenge to California’s Proposition 8, a 2008 state referendum that defined marriage as an institution between a man and woman. Prop 8 has served to outlaw same-sex unions in the otherwise liberal state.

The arguments, made before the Supreme Court panel of five Republican appointees and four Democrats, were heard even as some high-profile Republicans, long consumed with winning over the social conservatives of their base, expressed support for same-sex marriage.

Ohio Sen. Rob Portman reversed his stance after his college-age son revealed he was gay. Jon Huntsman, a Mormon and a Republican presidential candidate in 2012, has also backed same-sex marriage and urged his fellow Republicans to do the same.

Even Karl Rove, the powerful Republican strategist who famously brought millions of Christian evangelicals into the party fold a decade ago, says he wouldn’t be surprised if the 2016 Republican presidential candidate — whoever that may be — backs same-sex marriage.

U.S. President Barack Obama has helped embolden fellow politicians on same-sex matrimony after he reversed his own stance on the issue last year, becoming the first commander-in-chief in American history to back gay marriage. The White House had urged the high court to rule in favour of same-sex rights.

Hillary Clinton, eyeing a run for president in 2016, has also expressed her support.

A brief filed by Democratic lawmakers to the Supreme Court urging it to overturn the Defence of Marriage Act sounded an apologetic tone as it made note of society’s rapidly changing attitudes about same-sex marriage. That’s despite the fact that many of them voted in favour of the act in 1996.

“In short, it was a different world for gay men and lesbians, and many were understandably reluctant to speak openly about themselves or their families,” said the brief, signed by more than 200 sitting congressional Democrats.

“A number of members, like the constituents we serve, did not personally know many (if any) people who were openly gay and majority attitudes toward that minority group were often viscerally fearful and negative.”

A trucker has pleaded guilty to bringing hundreds of kilos of dried poppy pods across the Detroit-Windsor border — the first drug case of its kind at the Ambassador Bridge.

Anoop Kumar Ubbu, an Etobicoke resident, admitted in court on Wednesday that he tried to smuggle 528 kilograms of poppy pods — which are the main ingredient for an opiate known as “doda” — into Canada via his tractor trailer.

A shipment of dried poppy pods is shown after a 2009 seizure by CBSA. (Handout / The Windsor Star)

According to the Canada Border Services Agency, doda is a highly addictive concoction made by grinding poppy heads into a fine powder.

The practice originates in South Asian cultures — specifically the Punjabi, who brew doda into an intoxicating tea and also use it as a meat seasoning.

Under Canadian drug laws, doda is equivalent to morphine.

The incident involving Ubbu happened three years ago, in June 2010.

Ubbu was driving a load of home improvement goods from Minnesota to Hamilton when he stopped in a parking lot in Taylor, Michigan, to rendezvous with a U-Haul truck.

U.S. federal authorities covertly watched as Ubbu and two other men transferred 96 boxes from the U-Haul to Ubbu’s big rig.

Ubbu then set out over the Ambassador Bridge. But when he was questioned by a Canadian border guard about his cargo, he stumbled over his answers and showed signs of nervousness.

Ubbu and his vehicle were sent to secondary inspection, where CBSA officers cracked open the trailer and found the eight dozen boxes containing poppy pods.

Investigators believe there was enough raw material to create 432 usable kilograms of doda — with an estimated street value of $864,000.

Ubbu was originally facing four charges — including possession for the purpose of trafficking.

On Wednesday, through a Punjabi interpreter, Ubbu pleaded guilty to one count of importing a controlled substance and one count of violating the Customs Act.

He’ll return to Superior Court for sentencing on Aug. 9, 9:30 a.m.

Canadian authorities have been trying to crack down on doda in recent years.

Previously, the doda trade went on in Indo-Canadian communities in an almost unregulated fashion.

There were grey areas concerning poppy pods under Canada’s Controlled Drugs and Substances Act, with some poppy types not containing enough opiates to be considered illegal.

In the Peel Region, police reported finding doda sellers under the guise of meat shops and flower stores.

The drug is reputedly popular among South Asian blue collar workers — such as truckers, cab drivers, and factory employees. Doda consumption is said to induce a short narcotic high, followed by a period of wakefulness.

–with files from the National Post

dchen@windsorstar.com

Tears and sadness — but also acceptance — were the reactions to the sentencing of a Colchester man whose dangerous driving killed his teenage son.

On Thursday, David McLennan, 51, was sentenced to nine months incarceration and two years probation for the 2008 rollover crash that resulted in the death of 16-year-old Dylyn McLennan.

Dylyn McLennan is shown in a 2007 high school yearbook photo.

“I do not believe that David McLennan’s driving that night was at the lowest level of blameworthiness,” said Justice Terry Patterson.

Patterson said denunciation of the crime and accountability to the community were considerations in handing McLennan jail time. “It was the community at large that was endangered by the defendant’s conduct,” he noted.

But Patterson added: “I do not doubt the suffering that he continues to feel.”

Several members of McLennan’s immediate and extended family gathered in the courtroom to hear the judge’s decision.

McLennan’s lawyer, Michael Gordner, had asked for a suspended sentence — entailing no jail time.

As the judge closed the proceedings, McLennan’s teenage daughter Darla burst into tears. Other family members — including Dylyn’s mother Robin — comforted the girl, and embraced each other for support.

Earlier this year, a jury found McLennan guilty of dangerous driving causing death.

David McLennan is shown outside the Superior Court of Justice in Windsor, Ont. in this April 2013 file photo. (Nick Brancaccio / The Windsor Star)

The accident occurred on the night of July 24, 2008, on Creek Road in the Amherstburg area. McLennan was returning home in his classic Ford Mustang muscle car after picking up Dylyn, who was in the backseat without a seatbelt.

The vehicle left the road, crashed into a ditch and flipped, fatally ejecting Dylyn in the process.

In his testimony, McLennan — a truck driver by trade — blamed himself for “a moment’s inattention.”

McLennan was found not guilty of impaired driving.

Lawyer Michael Gordner speaks about the McLennan case.

But at the sentencing on Thursday, the judge noted that McLennan — by his own admission — had been drinking earlier that night, had been “showing off” with the car, and was travelling above the speed limit at the time of the accident.

“These are facts,” Patterson said.

Patterson said “we will never know” exactly why the car left the road, but the realities of the case must be relevant factors in the sentence.

The sentence also bans McLennan from driving for one year and requires him to complete 120 hours of community service, both to be served following his release.

Outside the courthouse, Michael Gordner said his client plans on appealing both the conviction and the sentence.

Asked how McLennan is dealing with Thursday’s outcome, Gordner said: “Dave has conducted himself with a lot of dignity from the very beginning of this matter. He’s maintaining that dignity and stoicism right now.”

McLennan’s family declined to comment.

Assistant Crown attorney Tom Meehan speaks on the McLennan case.

Assistant Crown attorney Tom Meehan said the sentence was appropriate, and he appreciates that Patterson had to balance many factors in a complicated — and emotional — case.

Meehan had asked for a jail term of 12 to 15 months.

Outside the courthouse, Meehan said the case was among “the saddest that I’ve been involved in.”

“Clearly, Mr. McLennan suffered a loss. Today, he received punishment in addition to that loss.”

“This isn’t catching a bank robber. This is someone who made a criminal error in judgement, and he’s going to have to live with that.”

Robin McLennan (L), David’s former wife and mother of 16-year-old accident victim Dylyn, accompanies Darla outside the courthouse on June 27, 2013. (Nick Brancaccio / The Windsor Star)

dchen@windsorstar.com

A Windsor murderer’s attempt to have his conviction overturned has failed.

The Court of Appeal for Ontario has dismissed the appeal of Shane Huard, 32, who is serving a life sentence for the killing of local drug dealer Troy Hutchinson.

A panel of three judges heard Huard’s appeal on June 27.

The reasons for the decision are being written and will eventually be posted on the Court of Appeal’s website.

Shane Huard behind bars in a photo from Facebook. (The Windsor Star)

Huard was trying to appeal his conviction on a charge of first-degree murder for the death of Hutchinson in 2006.

According to the Crown, Huard and accomplice Richard Zoldi were motivated by revenge.

Huard and Zoldi were crack addicts who ripped off drug dealers — but an attempt to rob Hutchinson ended with Zoldi being stabbed in the arm.

The court heard that Huard and Zoldi then arranged for one of Hutchinson’s customers to lure the drug dealer to an east end street in the early morning hours of Aug. 27, 2006.

Huard supplied Zoldi with a .22-calibre handgun that Zoldi used to fatally shoot Hutchinson once in the abdomen.

Huard was sentenced in 2010 to imprisonment with no chance of parole for 25 years.

Zoldi — who was convicted of second-degree murder — was sentenced to imprisonment with no chance of parole for 13 years.

The original trial of Huard and Zoldi was mired in controversy after it was discovered that police had conducted background checks on potential jurors.

After a mistrial was declared, the two men were tried again separately.