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Year’s probation given to man who threatened guard with mace, caused vehicle accident

Joseph Donald Caragata appeared in Moose Jaw Provincial Court recently and pleaded guilty to several charges.
MJ prov court 6
Moose Jaw Provincial Court. Photo by Jason G. Antonio

It was April 2021 and pandemic restrictions were in place everywhere, including at restaurants, but Joseph Donald Caragata refused to obey and hopped from table to table while visiting the Canadian Brewhouse.

A security guard escorted the 22-year-old out of the building, but bear mace fell out of his pants while walking. The security guard pushed Caragata outside and locked the door, prompting the young man to threaten to use the mace — but he never followed through.

Instead, he fled, but police arrested him a short time later.

Caragata appeared in Moose Jaw Provincial Court recently to answer to that offence and several others. He pleaded guilty to impaired driving, failing to come to court (twice), breaching probation, and assault on the security guard, threatening to use a weapon (bear mace) and possessing the mace.

The Crown stayed several other charges.

As part of a joint submission, he received a $1,000 fine and a one-year driving prohibition. He also received 12 months of probation and must keep the peace and be of good behaviour, report to a probation officer, have no contact with the security guard, be near the Canadian Brewhouse, and not possess firearms or weapons.

Crown prosecutor Monique Paquin reviewed the offences that Caragata had committed stretching back to September 2020. 

With the impaired driving charge, she explained that police were called to a single-vehicle accident on the 700 block of Manitoba Street at 3:34 a.m. on Sept. 10, 2022. There they found Caragata in the driver’s seat of a Dodge Caravan that lacked a licence plate. 

As officers approached, the 22-year-old exited the vehicle and started walking away, Paquin continued. Police observed Caragata to be unsteady, smelled of alcohol and had bloodshot eyes.

“He was swearing at police, slurring his words and spitting when he spoke. When he stopped, Mr. Caragata confirmed he was not injured. At that point, police arrested him for impaired driving. Mr. Caragata got combative and tried pulling away from police … ,” she said. 

Police took him to police headquarters at 3:50 a.m., where he continued to yell and pull away, Paquin added. He was put in cells and continued to be unco-operative.

Caragata told Judge Daryl Rayner that he agreed with everything the Crown had said and wanted to put this behind him.

It’s concerning that Caragata possessed bear mace when he visited the restaurant, which is not something he should be carrying in a city for any reason, said the judge. Pulling out the can could have harmed others, so it’s positive he didn’t use it despite threatening to do so.

Judge Rayner was also concerned about Caragata driving impaired. In response, the 22-year-old said he didn’t have an explanation for what happened that night.

“Alcohol just got to my head. I don’t really have an excuse for that,” he added.

Caragata could become violent or continue driving impaired if he continues to drink, which he should avoid since he is a young man who needs help, said the judge. It’s important that he remain alive, work, stay out of trouble and not visit bars.

“He needs to be on the straight and narrow, especially at this young age,” Judge Rayner remarked.

The judge then accepted the joint recommendation and imposed a total fine of $550. 

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