A Marystown man was back in provincial court in Grand Bank on March 5 to hear a decision on guilt delivered by Judge Harold Porter.
Kenneth Dwayne Farewell was found guilty on two counts of failure to comply with conditions of an undertaking or recognizance and single count charges of resisting or obstructing a peace officer and assaulting a peace officer.
Farewell had been arrested and released on bail Oct. 3, 2018. He was required to remain in his parents’ home (where he had said he lived), answer the door to police and not leave the residence without his mother.
In his decision Judge Porter wrote that Staff Sgt. Dale Foote of the RCMP detachment in Marystown went to the home of the parents of the accused on Nov. 1, after getting information that Farewell was not acting in accordance to the bail conditions.
“The parents of the accused invited S/Sgt. Foote into their home, and he spent about 20 minutes with them,” wrote Judge Porter. “They were polite and cooperative, but did not know where the accused was, other than he was not home. Since she was in the home, his mother was obviously not with the accused.”
The following evening the accused was found by police in the lobby of the Marystown Hotel, approximately an hour past the curfew conditions of his bail.
A police officer advised Farewell he was under arrest.
According to the decision, the accused got “very agitated, and raised his voice.” He then left the hotel ahead of the officers and got into the back seat of the police vehicle. Officers asked him to exit the vehicle so a search could be completed.
“The accused was pacing, not complying with directions, and raising his voice,” wrote Porter. “(The officer) told him to put his hands behind his back, but he kept twisting away from her when she tried to put the handcuffs on him.
“After she got the first handcuff on him, he refused to bring his hands close together to allow the second handcuff on. (Another officer) tried to get the accused to comply, but the accused replied by getting nose to nose with him.”
According to the facts of the case, after being placed in handcuffs the accused grabbed one officer by the hand and squeezed it, which resulted in a cut on the officer’s hand. The other officer on the scene put the accused down on the hood of the car and ordered him to release the officer, a request he complied with.
Sentencing submissions for Farewell will take place May 8 in Grand Bank.