Conditional discharge granted for charges
By Delon Shurtz - Lethbridge Herald on August 3, 2022.
LETHBRIDGE HERALDdshurtz@lethbridgeherald.com
A citizen of the Democratic Republic of the Congo, who pleaded guilty Tuesday to several criminal offences, will avoid a conviction if she can stay out of trouble for the next six months.
Ayingamiye Musagara was handed a conditional discharge after she pleaded guilty in Lethbridge provincial court to charges of assault, resisting a peace officer and mischief causing damage. The discharge is conditional on Musagara completing the terms of her six-month probation period. However, if she breaches conditions of probation, the court can substitute the discharge for a conviction, resulting in a criminal record and possibly a harsher sentence
Court was told that on June 16 of last year Musagara became involved in an altercation with another woman with whom she lived in a northside residence. During the altercation she scratched and bit the other woman numerous times. Shortly afterward a man picked up the victim and took her to his residence on the southside, but Musagara pursued them and, with what was described as a three-foot-long object, began striking the man’s vehicle.
When police arrived they saw Musagara hitting the vehicle with a concrete slab, with which she smashed a passenger window, damaged the windshield and a sideview mirror.
Musagara fled from police but was caught and told she was under arrest for mischief. Instead of surrendering, she brandished an “object” and police drew their tasers. Musagara dropped the object but when police attempted to handcuff her, she resisted and tried to kick the officer and pull away.
“So they were forced to take her to the ground,” the Crown explained.
Lethbridge lawyer Miranda Hlady said Musagara, who is not yet Canadian citizen, is a different person now than she was at the time of the offences and remembers little of the incidents.
“Miss Musagara has a very limited recollection of these events,” Hlady said, but added her client still accepts the facts as described to the judge.
As part of her probation, Musagara must avoid contact with the two victims of the offences and not possess any weapons. She must be assessed and take counselling for anger management and other issues as directed by her probation officer, and she must pay restitution of $548 for damages to the vehicle.
“It’s certainly in her interests to not have a criminal record and to be discharged, and I do not find it’s contrary to the public interest,” said Judge Jerry LeGrandeur, who agreed with the joint recommendation by the Crown and defence.
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13-12
Why hasn’t she been deported??