Man described as downtown “menace” pleads to multiple charges

Delon Shurtz

lethbridge herald

A Lethbridge man who is considered a menace to people in the downtown area, was sentenced to nearly a year in jail after he pleaded guilty Tuesday in provincial court to a dozen criminal charges, including six for mischief.

Crown Prosecutor Bruce Ainscough acknowledged Jonathan Grant’s mental health issues, but said his unlawful behaviour is exacerbated by his voluntary use of drugs, which cause him to wreak havoc on the public.

“He is a menace to merchants and customers and other people and businesses in the downtown area of Lethbridge,” Ainscough told the judge.

Lethbridge lawyer James Rouleau, however, took exception to the Crown’s description of his client.

“He’s more, I would describe him, as a terrible nuisance, than perhaps a menace,” Rouleau countered.

Grant also pleaded guilty to one count of assault and five counts of failing to comply with release conditions, the circumstances of which Ainscough described during Tuesday’s sentencing hearing.

Grant was arrested May 2, 2019 under the Railway Safety Act, and later released on an undertaking that he not go on any railway property, except at a public crossing. On Nov. 14, however, a police officer saw him squeeze through a chainlink fence bordering railway tracks, and walk around the restricted area.

A couple of months later, Grant and a woman were inside the vestibule of the Bank of Montreal downtown, where Grant took the cover off the thermostat, pulled out some wires and stuck them inside the ATM. Grant had previously been prohibited from going near the bank, after he was charged with setting fire at the site.

That arson charge stems from an incident on Dec. 26, 2019 when a man set a floor mat in the vestibule on fire, sending smoke through the bank’s ventilation system and causing $10,000 damage. The suspect also broke off an emergency light and shoved it into the ATM, and caused $10,000 damage to a security door.

On Jan. 21 of last year Grant entered the A & W restaurant on 3 Avenue South, “stumbled” into the bathroom, smeared hot sauce on the walls, and wrote strange symbols with neon paint. He was arrested a couple of days later.

Grant returned to the restaurant on Aug. 26 and asked the staff for free food. When they asked him to leave, he refused, became enraged, and threw a display of glass bottles onto the floor. He swore and complained that he was being treated badly, but he left and was found by police in Galt Gardens later in the day.

Police saw Grant, who was on previous release conditions to stay away from fast-food restaurants, flicking a butane lighter on and off just before he was arrested. He had also previously been prohibited from possessing any incendiary devices unless he was in the process of lighting a cigarette.

On June 24 Grant arrived at the Streets Alive Mission downtown to pick up a government cheque, but was told he was too early and would need to return later in the day. He became aggressive, demanded his money, and threw coffee on the walls. He also tore a phone off the wall and threw it outside, then returned and grabbed the eye glasses off the manager who was assisting him, and broke them.

Grant said he would return later in the day when his money was ready, and police were waiting to arrest him when he arrived.

At about 9 a.m. the following day, Grant walked into London Road Market on 6 Avenue South and asked to use the bathroom. When he was told the bathroom was out of service and no other facility was available to the public, he began flinging his arms around and pushing items off the shelves. He also pushed the owner of the store while he was calling the police.

A week later, police on bike patrol downtown saw Grant urinating next to a construction fence surrounding the former YMCA on 9 Street South. Several of Grant’s belongings were strewn on the ground next to him, and included a small butane torch and three lighters, all of which he was prohibited from possessing unless he was smoking.

Ainscough recommended a global jail sentence of 486 days plus two years probation, but suggested reducing the jail term by one-third to 324 days because of Grant’s mental health issues.

Rouleau, however, requested a lower sentence, and said his client often reacts impulsively when confronted because he suffers from several health conditions, including bipolar disorder, and substance abuse.

Rouleau added that although Grant’s health issues don’t excuse his behaviour, they do help to explain it.

“Mr. Grant still needs to abide by social norms,” Rouleau said. “He can’t be committing crimes and simply relying on mental health issues as a get-out-of-jail-free card. But he’s not here getting out of jail free and not proposing that he not receive any penalties.”

Judge Gregory Maxwell sentenced Grant to 316 days, but noted Grant has spent enough time in pre-trial cusody to more than satisfy his sentence. Grant remains in custody on several other charges, however, for which he pleaded guilty Tuesday and returns to court Friday to set trial dates.

As part of his probation, Grant is to be assessed and receive counseling and treatment for anger management, life skills, substance abuse and psychological issues. He is to remain in Alberta, reside at an approved residence, and not possess any weapons. He is also prohibited from going to London Road Market, the Bank of Montreal, and fast-food restaurants. He is, however, allowed to possess one lighter so he can smoke.

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