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Man admits to firearms charges
Courts | Defendant pleads guilty
to possessing a shotgun, two
pistols and a modified crossbow
By DON MACPHERSON
macpherson.don@dailygleaner.com
A capital-region man banned from possessing guns admitted to three weaponsrelated charges Friday and will be sentenced
this summer.
Nathan Bryan West, 30, formerly of 15
Ryan Dr. in Kingsley, pleaded guilty in Fredericton provincial court on Friday to charges of possessing firearms while prohibited;
carelessly storing a shotgun, two pistols and
a crossbow; and possessing a prohibited
weapon (the crossbow) without being the
holder of a licence.
Crown prosecutor Hilary Drain said
RCMP officers executed a search warrant at
West’s home on Feb. 27 and found a .22 lever-
action handgun, a 12-gauge shotgun with
shells and a crossbow that had been altered
to give it a pistol grip, making it a prohibited
weapon.
She said West was convicted for similar
weapons offences in 2011 and 2012, and was
subject to a 10-year firearms ban.
Drain recommended a further jail sentence of 60-90 days on top of time West has
already served in custody.
He was detained from the time of his arrest until earlier this week, when he was released on conditions.
“Why does he want all of these firearms?”
Judge Julian Dickson asked.
Defence lawyer Gary Miller said his client
suffers from mental illness.
He said West had been living in a trailer
in Kingsley and paranoia drove him to keep
weapons in the home.
Miller said West’s parents are trying to arrange for their son to attend a rehabilitation
program in Ontario, but there are stringent
admission requirements he can’t yet fulfil.
The defence lawyer said it’s an expensive
program, costing $30,000-$40,000 for a sixweek stay.
Since West’s release earlier in the week,
the family had managed to secure him a
place to stay in a rooming house at 72 Regent
St. in Fredericton, Miller said.
He said his client is seeing a psychiatrist
for various mental health diagnoses, and he
also had a drug issue for which he’s been on a
heavy dosage of methadone for 10 years.
Miller suggested an intermittent jail sentence to be served on weekends, which would
allow West to continue to get his life in order
so he can attend the Ontario facility.
Dickson said rather than sentence West on
Friday, he could use more information about
the offender, and the preparation of that information could give him more time to get
his ducks in a row.
Miller agreed and requested a pre-sentence report.
The sentencing hearing was adjourned
until Aug. 6.
Homecoming
stephen maCGillivray/the Daily Gleaner
Came to the rescue: Grade 9 leo hayes high school student
ryan hornibrook, left, saved his dad, paul hornibrook, from
choking, thanks to a procedure he was taught at school.
ryan was recognized for his life-saving actions at a school
rally on Friday.
First aid skills
help student
save dad’s life
Unsung hero | Leo Hayes High School
student saves his father from choking
By LORI GALLAGHER
gallagher.lori@dailygleaner.com
James West/the Daily Gleaner
Welcome home: Former major league baseball player matt stairs crosses home plate after his first at bat when teammate Chris sorensen hit a
homer, scoring three runs for the Fredericton DQ royals. the royals won 7-4. See page B1 for story.
Man acquitted of sexually assaulting ex-wife
By DON MACPHERSON
macpherson.don@dailygleaner.com
A judge said Friday she had a reasonable
doubt a Lincoln man sexually assaulted his
ex-wife, but she criticized him as a controlling and pompous man.
The 33-year-old former Oromocto resident stood trial in April on three counts of
sexual assault, alleging crimes against his
ex-wife at her home three times in 2011 —
July 26, Aug. 19 and Oct. 15.
He was also charged and tried on a count
of criminally harassing her between July
and November 2011.
The man can’t be identified because
there’s a court-ordered ban on publication
on any information that would identify the
complainant.
Court of Queen’s Bench Justice Judy
Clendening delivered her decision on the
trial Friday, ruling she had a reasonable
doubt as to whether the events described by
the man’s ex-wife happened.
“I did not believe all of (the defendant’s)
evidence, but it left me with a doubt,” she
said.
The defendant testified none of the sexual
activity his ex claims ever happened.
Clendening said while ex-wife was an articulate witness, she was evasive on crossexamination and lashed out at defence lawyer Ben Reentovich, claiming he was trying
to trick her.
“She claimed she never consented (to the
sex), but (she also said) she was very careful not to upset (her ex-husband),” the judge
said.
She referred to the almost constant email
and text communications back and forth
between the former spouses.
Clendening also acquitted the man of the
harassment charge, though she concluded
he had harassed her.
During the trial, the defendant had testified a late-night visit to his ex-wife’s workplace was so his son could bring her a coffee.
In the trial’s most bizarre moment, he
said they’d driven to Oromocto from Fredericton originally that night to go to the McDonald’s location at the Oromocto Mall because their cheeseburgers were better there
than at other McDonald’s locations nearer
his home at the time.
Clendening said the accused’s betterburger explanation for being in the model
town that November 2011 night was absurd
and he had no legitimate reason to be at the
woman’s home or workplace.
“It is clear he does not know his boundaries,” she said.
But while he did harass her, the judge
said, one element of a criminal harassment
charge is a finding that the harassment gives
a complainant reason to be fearful.
Clendening had critical words for both
parties, saying both acted in a petty manner.
But her harshest criticisms were reserved
for the defendant.
“He exhibited a pompous attitude toward
(the complainant),” Clendening said.
“(He) has a very controlling personality.”
The complainant put her arm over her
mouth to stifle a cry as it became clear
Clendening was acquitting her ex-husband.
After the judge rendered her decision and
rose to leave the courtroom, everyone else
stood, as is customary. The defendant’s arm
was shaking and he was breathing heavily.
After Clendening exited the courtroom,
he sat in the prisoner’s box in the Queen’s
Bench courtroom and rested his head on his
folded arms.
Sometimes it takes years to appreciate the lessons
taught in high school, but recently one Leo Hayes High
School student used some newly learned skills to save his
father’s life.
Ryan Hornibrook, 15, is in Grade 9 at LHHS. One of
the units taught as part of the Grade 9 physical education
program at the school is Advanced Coronary Treatment,
a CPR and automated external defibrillator training program offered by the ACT Foundation.
Ryan took the class near the end of the first semester.
“It was about a week and we had a test to see if we were
qualified to become a person who would know how to act
if this actually happened to us,” said Ryan. “I think I got
80 per cent.”
In January, two weeks after finishing the unit, Ryan
was eating dinner with his parents when his father took
too big a bite of his pizza.
“He couldn’t breathe, and my mom noticed he was
choking,” said Ryan.
He immediately sprung into action, telling his mother
to call 911 as he began to give him the Heimlich manoeuvre.
“I think I took about two (abdominal thrusts), and by
that time my dad took a gasp of air and said, ‘Keep going,’
then he started back to choking again. I took two more,
and he started to cough.”
The whole experience maybe took 45 seconds, said
Ryan, “but it’s still very scary.”
Afterwards, he said, everyone was shaking.
Paul Hornibrook remembers Ryan talking about taking
the training at school. Because he is first aid-certified, he
thought this was a valuable life skill for his son to learn.
“I thought he’d be able to use it someday. I never
thought it was going to be on me,” said Paul Hornibrook.
When he started to choke, his son kept his composure
and knew what to do.
“I was looking for the back of a chair because I know
that’s the alternate means of trying to relieve (yourself)
when you’re choking,” said Paul Hornibrook. “But he got
around me, and I found out in a hurry that he’s strong
enough to lift me off the ground. The next thing you know,
four or five thrusts later, the food was coming up.”
He said he’s had the opportunity over the years to do
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Government seeks charter
air service to replace plane
By CHRIS MORRIS
Legislature Bureau
The New Brunswick government
has put the provincially owned
airplane used by the premier and
cabinet ministers on the market and
is seeking proposals for a charter
service to replace it.
Transportation Minister Claude
Williams told the legislature on
Friday that the Tory government
wants a five-year contract for the
provision of a “safe, timely and costeffective” executive charter flight
service for the premier and cabinet
ministers.
At the same time, the Tory
government is seeking proposals
for the services of a broker to
help market and sell the current
government plane, a twin-propeller
2006 Beechcraft King Air B200.
“We feel we can make some
significant savings on behalf of
taxpayers,” Williams said after he
announced the two requests for
proposals in the legislature.
Williams said the charter service
will be used only for government
business. He said he expects to
have a charter service on retainer
sometime in the next few months.
The
government
announced
several months ago that it would sell
the government plane.
The Beechcraft was purchased by
the previous Liberal government for
$5 million in 2008 as a replacement
for a 1992 Beechcraft that was leased
for the previous seven years.
Opposition
House
leader
Bill Fraser is skeptical of the
government’s plan to use a charter
service instead of a provincially
owned plane.
“I guarantee it will end up costing
taxpayers more,” Fraser told the
legislature.
Fraser said the plan to privatize
executive air service is a way to keep
the travel habits of the premier and
his cabinet away from prying eyes.
He said while it is fairly easy now
to look at manifests for the publicly
owned plane and find out who used
it, when and where they went, Fraser
said it will be much more difficult
to obtain that information from a
private company.
As well, he said there will be high
fees built into the private service
contract.
“A charter executive flight
service for the government has to
be available on short notice,” Fraser
said.
“So standby fees are built into
these contracts. I’ve seen some
where it costs as much as $100,000 a
month whether it leaves the ground
or not.”
Williams said the use of a chartered
airplane will be transparent because
the premier and cabinet ministers
will have to account for flights in
their expenses, which are published
online and available for public
viewing.
“The plane is to be used by the
premier and ministers,” he said.
“Each and every minister will be
responsible if they book the plane.
They will have to answer if the
opposition or taxpayers feel the plane
is not used for the right reasons.”
Williams said it is anticipated
the
government
will
require
approximately 100 flight hours of
service annually. He said the number
of flights used by government is
going down every year.
Save: Every Grade 9 student receives CPR training
Continued from /A1
abdominal thrusts on others when
they were choking, but this is the first
time it’s happened to him.
“Once you get trained, you don’t
know if you’ll ever remember it, but it
comes back to you, even in a stressful
time,” he said. “I’m thankful to the
teachers who took the time to use the
material and teach Ryan the skill.”
It might not have gone any further
had Paul Hornibrook not emailed the
teachers to express his thanks and
tell them what happened. They in
turn told the ACT Foundation, and
on Friday afternoon, Ryan was presented with an unsung hero award
during the Renaissance Rally at
LHHS.
The rally recognized students for
their academic performance, community spirt and contributions made
to the school.
Getting the award felt surreal, said
Ryan.
“It’s great to be recognized, but I
didn’t know it was going to become
this big,” he said.
Every Grade 9 student coming into
Leo Hayes High School now gets this
training, said Daneen Dymond, a
physical education teacher at LHHS.
“In two years, we’re going to have
all of our students certified, which is
an unbelievable feat,” she said.
The teachers try and make the
training as realistic as possible, and
as Ryan’s story shows, the skills the
students learn might be needed at
any time.
“We want to have the students
believe in what they’re doing and
take pride in what they’re doing in
the school,” said Dymond. “Having
a story like Ryan’s, (we can) say this
person went through the training,
you’re going through the training,
and you could save someone just like
Ryan did.”
The ACT Foundation has programs
like this one set up in a number of
provinces, said Sandra Clarke, executive director.
They were initially approached by
a teacher at LHHS to bring the program to the school, then the Fredericton Community Foundation
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came onboard to pay for the mannequins and training equipment.
“We were able to set up the CPR
and defibrillator training in both Leo
Hayes and Fredericton High School
(in 2011),” said Clarke. “Now 1,000
young people in Fredericton are
learning how to save a life every year
through their teachers thanks to the
support.”
These are the first two schools in
New Brunswick that are part of the
program, though the foundation is
now in the process of setting up the
program in Moncton, and other high
schools in the province have expressed interest.
Hearing Ryan’s story meant a lot
to Tim Fox, executive director of the
Fredericton Community Foundation.
“You always want your donors to
realize that they’re making a real
impact on the community,” he said.
“This is a story where that grant has
had a huge impact on this young boy,
his dad and their family, their friends
and everyone that they touch in the
community.”
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Appearances are deceptive: Kelly wilson has a rare form of bone cancer and a
weak heart from a condition called cardiac sarcoidosis. she has a disabled parking pass but, because she doesn’t look sick, she faces criticism from people who
don’t realize she is ill.
Woman faces criticism
for disabled parking use
By LAVERNE STEWART
stewart.laverne@dailygleaner.com
Kelly Wilson has a rare form of cancer in her bone marrow that makes
her bones fragile, and makes walking
difficult and painful.
She also has cardiac sarcoidosis,
which makes exertion difficult because she doesn’t have normal heart
function. She was issued a disabled
parking pass because she doesn’t
have the energy and stamina to walk
long distances.
“Every step hurts,” she said. “If
I walk very far in the run of a day, at
night the pain is excruciating. No, I
don’t have a wheelchair, but I do fit the
criteria to park in a disabled space.”
Every time she parks in one, she
said, she faces verbal abuse from people who don’t realize how ill she is.
“I have been sworn at, yelled at. An
elderly man hit me on the arm with his
cane and said, ‘Shame on you.’ I say to
people that I don’t feel it’s necessary to
explain my situation to them.”
People think she shouldn’t park in
a disabled space because she doesn’t
look sick. Wilson said every day she
goes out, even though she doesn’t feel
well.
“Regardless of how bad I feel, I get
up, have a shower, put my makeup on
and go do one thing a day. Then I feel
my day has been worth something.”
Just because she has a terminal illness, she said, she doesn’t want to look
like she’s dying.
“If I shaved my head, people would
be opening doors for me because their
perception is that I’m sick and have
cancer.”
Wilson said she had considered
putting a head-covering on and not
wearing makeup so people would understand that she’s sick. But she said
she has decided she isn’t going to stop
caring for herself. Wilson said people
shouldn’t judge others who use disabled parking spaces just because
they don’t appear to need one.
Sometimes she avoids disabled
parking spaces because she doesn’t
want to face the criticism. She wants
to be able to go to her medical appointments and other places without
facing judgment, she said.
“Why am I allowing people to dictate what I do? I should be able to park
in a disabled parking spot and not be
treated poorly for doing so. What business is it of theirs?”
When she explains to people that
she is terminally ill, she said, they’re
embarrassed and apologize to her for
their behaviour.
“I understand that I don’t look sick,
but the fact of the matter is that I am
and I do have big limitations. People
should think before they attack somebody and before they make a judgment.”
She said she’s met others who face
life-threatening illnesses who have
also faced ridicule for parking in disabled spaces because they don’t appear to be ill.
Wilson said she’s telling her story
so people will think before they judge
someone for using disabled parking
spaces, even though they might not
appear to need them.
“People think they’re justified or
entitled to say something or do something. People need to take a step back
and realize that not everything is as it
appears to be.”
Collins to bicycle in
Sears Kids Cancer relay
Legislature Bureau
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New Brunswick politicians may be
well known for the partisan one-liners
and carefully crafted insults they lob
at each other on a daily basis, but on
Wednesday members from both sides
of the legislature found one thing they
could agree on.
Over the lunch hour they cheered
on Liberal MLA Chris Collins and
Progressive Conservative Glen Savoie
who took on an intense, but friendly,
20-minute ride on stationary bicycles.
The event was organized to highlight Collins’ upcoming participation
in a cross-Canada charity bike relay
focused on raising funds to help chil-
dren stricken with cancer.
Collins, the MLA for Moncton East,
lost his only child, 13-year-old Sean,
to cancer in 2007.
He said he was touched to see Liberal and Progressive Conservative
colleagues out in support of the event.
Collins will participate in the 2013
Sears National Kids Cancer Ride from
Sept. 5 to 22. The event is a fundraiser
for the Coast to Coast Against Cancer
Foundation, a registered Canadian
charitable foundation focused on improving the quality of life of children
with cancer and their families.
The ride is held as a relay with two
teams covering a combined 400 kilometres a day. Collins aims to put in
165 kilometres a day.