> TheReview Wednesday, July 4,1990 — A13 Youths get three-year senience Two youths charged in the kil- ling of Sidney taxi driver Kenneth Scott were found guilty Thursday of second degree murder and sen- tenced to three years in jail, the maximum sentence under the @ young offenders act. A third youth was convicted of manslaughter and sentenced to two years in jail. All three of the youths, now 17, have spent 20 months in jail await- ing trial since Scott’s body was found in Central Saanich on Oct. 12, 1988. Testimony during last week’s trial in Victoria youth court revealed that the three youths and adult Michael Allen were drinking in a Brentwood schoolyard when they discussed robbing and killing a taxi driver. Scott, 66, was driving the taxi _on his first trip of the day when he picked up the group. His body, stabbed 17 times, was found in the taxi parked on Jimmy Road. Allen was found guilty of man- @slaughter Oct. 3 and sentenced to four years in jail, a sentence raised to seven years upon appeal to the B.C Supreme Court. The three youths were originally charged with first degree murder, however Judge Robert Metzger ruled Thursday that the killing was not done with the planning and deliberation required for a first- degree murder conviction. The judge accepted defence law- yer Rory Morahan’s argument that there was no evidence of a calcu- GS hated scheme to kill the taxi driver. Under second-degree murder, intent to kill must be proven. According to published reports, *@RCOIt’s widow Marlene asked for treatment for all three youths so they could become responsible members of the community. The youths are to serve their s@Miences in the Victoria Youth Detention Centre. Metzger recom- mended one youth receive cogni- tive behavior therapy, another receive all available counselling and the third youth, convicted of manslaughter, take educational upgrading. Metzger is to review the pro- gress of all three youths in a year. Crown counsel Don Morrison attempted to have all three youths tried in adult court, where they would face a maximum sentence of life imprisonment, but his appli- cation was turned down by the Supreme Court of Canada on May 17. Radar detector taken afier a window smashed A $400 radar detector was stolen from a two-door Nissan sports coupe that was parked in the 7000-block West Saanich Road + overnight June 9-10, Central Saa- nich police said. A side window of the vehicle was smashed by culprits intent on entering the car, police said. Dam- age to the vehicle was estimated at Jail sentence avoided afier alcohol treatment Treatment for alcohol abuse forestalled a jail sentence for a North Saanich man facing his fourth drinking and driving con- viction in Sidney provincial court Thursday. Bernard Melvin David, 33, pleaded guilty to impaired driving. Crown counsel Edward Orm- heim said David was stopped at a police roadblock on McTavish Road at 9:40 p.m. Dec. 16. A breathalyzer test produced two readings of .18 per cent. David’s most recent conviction for an impaired driving offence was in 1983, Ormheim said. Defence lawyer Judy Pitcher said David and his spouse had both attended five weeks of a six-week native alcohol and drug Police pick up walker, DISCOUNT CARS give breathalyzer test | FROM $9195 A man who began walking home after driving his van into the ditch shortly before midnight Aug. 9 got a lift from Central Saanich police and a breathalyzer test. Curtis John Claxton, 29, of Cen- tral Saanich pleaded guilty in Sidney provincial court Thursday to impaired driving. Crown counsel Edward Orm- heim said Claxton backed his van into a ditch at the corner of Stelly’s Cross Road and Gowdy Road, Central Saanich. The van was abandoned when police arrived but a witness told police the driver was walking eastbound on Stelly’s Cross Road, Ormheim said. Picked up by police, Claxton admitted driving the van into the treatment program. They had been forced to leave before the end of the program to care for their four children but plan to attend another program. Pitcher noted David works full- time but earns a minimal income and would lose his job if he was sent to jail. Anyone else would go to jail on a fourth drinking and driving con- viction, Judge Stephen Denroche told David. However he hoped jail will not be required since David has attended the treatment pro- gram. He fined David $600, which he described as a minimal fine given the fourth conviction, and sus- pended David’s licence for a year. ditch. He had a breathalyzer read- ing of .17 per cent. Defence lawyer Linda French said Claxton is married with four children. Although Claxton is about to start a new job, French requested a minimum fine as Claxton has been unemployed for some time and the family has debts to repay: On the night of the offence Claxton had been celebrating with friends as his wife was about to be released after two months in hos- pital, French said. “That’s not the way to cele- brate,” Judge Stephen Denroche said. He fined Claxton $350 and suspended his driver’s licence for a year. Test drive leads to $250 fine for prohibited driver Taking a potential car buyer for a drive cost the seller an additional $250 fine in Sidney provincial court after he pleaded guilty to driving while prohibited. Sidney resident Bruce James Williamson, 20, was stopped by Central Saanich police on James Island Road Feb. 15, crown coun- sel Edward Ormheim said. He initially told police he did not have his wallet. After a com- puter check revealed he was pro- hibited from driving following an impaired driving conviction, Wil- liamson admitted he should not be driving, Ormheim said. Defence lawyer Jeremy Carr said Williamson was trying to sell the car when he took a prospective buyer for a drive. He has now sold the car and no longer plans to drive, Carr said. “T hope he got a good price for the car,” Judge Stephen Denroche said. Carr said Williamson is working full-time at a restaurant, lives with his family and plans to take a college welding course in Septem- ber. Williamson apologized to the court for wasting the court and taxpayers’ time. 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