Harassment lands man house arrest and probation

By Delon Shurtz - Lethbridge Herald on March 22, 2023.

LETHBRIDGE HERALDdshurtz@lethbridgeherald.com

A modern day version of the feud between the Hatfields and McCoys has resulted in house arrest and probation for a Lethbridge man.

Kenneth Richard Senger was handed a six-month conditional sentence and one-year probation after he pleaded guilty earlier this month in Lethbridge provincial court to one count of criminal harassment.

The charge stems from a feud between himself and a neighbour during the summer of 2022, which, court was told, frightened the neighbour and his family.

Crown Prosecutor Giles said “bad blood” developed between Senger and his neighbours, to the point where Senger deliberately “did a number of things on his property that he knew would make things difficult and awkward” for his neighbours.

Senger, 63, would, among other things, aggressively and loudly shout vulgarities at the family and rev his motorcycle engine for long periods of time in the evening. He also set up speakers outside his house and played loud music late into the night to prevent his neighbours from sleeping.

“He made his displeasure and unhappiness…known so prominently, so loudly, over such a long period of time, it caused them to fear for their safety,” Crown Prosecutor Clayton Giles explained.

Lethbridge lawyer Vincent Guinan said his client admits, after reviewing video evidence of his behaviour, that it was immature and childish.

“He only recently was shown the videos and evidence,” Guinan told court. “Mr. Senger was so embarrassed…and ashamed of his actions, that he has not acted like that since seeing the evidence, and I am confident sir, that he will not act like that again.”

Senger, a former Registered Nurse of 30 years, moved to Lethbridge in 2007 and was placed on leave of absence in 2015 and 2020 because of depression, anxiety and cognitive difficulties.

Guinan said he continues to receive counselling and treatment, and has done much better the past year and is no longer having problems with his neighbours.

“Mr. Senger is very sorry for his actions. He has gotten into a much better state of mind. With continued treatment and support from his family and friends, I’m very sure, with support, Mr. Senger can and will become that pro-social good member of the community that he always was until he got into this fight (with his neighbours).”

Guinan pointed out Senger does not have a previous criminal record, and four other neighbours have written letters of support.

Court was told the feud was sparked over a property dispute in which Senger managed to purchase a nearby home his neighbours had hoped to buy.

Giles suggested the neighbours likely first directed a “non-criminal unkindness” toward Senger, and Guinan added that during the dispute they actually installed surveillance cameras and pointed them at Senger’s property. He calld police and said they were monitoring him, and over time both parties contacted police numerous times.

“Eventually, he drew the short end of the stick in the neighbourhood dispute,” Guinan said, agreeing with the judge that Senger “got carried away” in his response.

“It was a very stressful time in my life,” Senger told the judge. “There were things happening there that I did not deal with well.”

He said he has received a considerable amount of treatment and counselling the past three years, and is doing much better.

“I’m in a much better place now.”

Senger’s conditional sentence allows him to serve his term of custody under house arrest. At the conclusion of his house arrest, he will be on probation for one year, during which he is not to play music on his property outside of his house or operate his motorcycle between 9 p.m. and 8 a.m. He must be assessed and receive psychological and psychiatric counselling, and he must not contact his neighbours with whom he had the dispute.

Judge John Maher, who advised Senger to ignore his neighbours and move on with his life, also warned him to adhere precisely with the conditions of his probation, or suffer the consequences.

“I don’t want there to be any misunderstanding by you at all in this; if you’re in breach of this conditional sentence order, you can take it to the bank, you can bet your house on it, you’ll go to jail and spend the rest of the time in an institution, not at home.”

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