An attempt to run his own bail hearing did not go as Kyle Reese Mitchell planned, which means he will remain in custody until his next court appearance.
Mitchell, 29, refused to accept the help of a defence lawyer when he appeared in Moose Jaw provincial court on Nov. 21.
He is facing charges of assault, uttering threats, obstructing a peace officer by resisting arrest, breaking and entering by being unlawfully in a dwelling house, 13 counts of breaching an undertaking, six counts of possession under $5,000, theft of a motor vehicle, impersonating someone else (his brother), possessing an illegal substance (methamphetamine), two counts of theft under $5,000, theft of a credit card and passport, and mischief under $5,000.
Crown prosecutor Stephen Yusuff informed Judge Murray Hinds that the responsibility to prove that Mitchell deserved to be given bail was Mitchell himself.
“I am aware the onus is on me and I will do my best,” Mitchell said from the prisoner’s box.
Arguments
“He is piling on a lot of charges. Most of them are not serious, although one is of violence,” Yusuff said. “The fact he keeps getting charges is extremely worrying.”
Yusuff was in the courtroom on Nov. 14 when Mitchell was released on another undertaking, he said, adding the judge looked Mitchell in the eyes and told him he must not come back to court or else face stiffer penalties.
“He (Mitchell) said it won’t happen. He took the promise so seriously that he committed another offence in four days,” Yusuff continued. “He is either incapable or unwilling to abide by the conditions the court imposed on him.”
Mitchell’s criminal record shows he is familiar with thefts and property offences. However, said Yusuff, one thing in his favour is some of his criminal charges are dated. Yet, Mitchell has mental health issues, as identified in the bail verification report, and is not pursuing the help he needs.
Due to all these factors, Yusuff said, Mitchell should be denied bail.
“I’ve been in custody the last three days and had a lot to think about,” said Mitchell.
He pointed out that he has video of the alleged assault at the Travelodge showing that he didn’t hit the co-owner, but that the owner supposedly came at him. He also has an acquired brain injury that hinders his normal functioning.
For the charge of allegedly impersonating his brother, Mitchell noted that his brother was in the Yukon but said he could use his ID to purchase a vehicle.
“I’m trying to take the necessary steps (to get help). This came out the wrong way … . I’ve been trying to do my best,” he continued. He wants to get into rehab and is willing to perform community service. He would live with his mother during his probation.
Mitchell noted he receives $500 a week from SGI over a car accident from 2012, while he also receives some money from his grandparents. He told Judge Hinds he even stopped hanging around the wrong people.
“Unfortunately, what I’m seeing is a continued offending pattern,” the judge said. He remarked that Mitchell was given an opportunity after his release on Nov. 14, but four days later allegedly stole a truck and fraudulently impersonated his brother.
Since Mitchell did not satisfy Hinds, the judge denied him bail and adjourned his matters to Nov. 28. He also recommended that Mitchell hire a lawyer to help him.
Alleged incidents
Yusuff reviewed the alleged incidents during the bail hearing:
- The first incident occurred on Oct. 1, when Mitchell allegedly walked out of Canadian Tire with a toolbox and tools without paying for them.
- Mitchell returned to the store on Oct. 19, where he allegedly attempted to steal a camping backpack by concealing it under a bulky fur coat.
- Police were called to the Travelodge on Oct. 25 for an alleged disturbance, where the co-owner claimed Mitchell was yelling and supposedly assaulted the co-owner. Mitchell also allegedly resisted arrest when officers arrived.
- Mitchell entered Rexall Drugs on Oct. 30 and allegedly made off with earbuds and bags of briquettes, all with a value of $2,600.
- A woman reported to police on Nov. 2 that her credit card, passport and iPhone had allegedly been stolen. Police identified that Mitchell allegedly had the phone since he made six short videos that were uploaded to the woman’s iCloud account.
- That same day, officers spoke with Mitchell about an alleged break and enter into a dwelling house; they discovered the woman’s items on him at this time, along with the earbuds, a Carhartt jacket and an extension cord.
- Police arrested Mitchell Nov. 2 for allegedly breaking into a business on Langdon Crescent. At the time, he was wearing an $845 suit from Trino’s Menswear. Officers later visited the store and staff told them Mitchell had acted suspiciously.
“He said (to the staff) he needed a suit for a court appearance,” Yusuff said. “There is no evidence he bought the suit.”
- Mitchell allegedly broke a light in his cell on Nov. 3 while in custody.
- He was released on Nov. 14. On Nov. 18, he impersonated his brother by using his ID to purchase a truck at Prairie Auto Sales. He was supposed to return with his banking information but failed to do so. When police arrested him, they also allegedly found some crystal meth in the truck.
Moose Jaw provincial court next meets on Nov. 25.
