By Delon Shurtz - Lethbridge Herald on January 21, 2023.
LETHBRIDGE HERALDdshurtz@lethbridgeherald.com
Vance Elton Pidborochynski was hoping to be around during the birth of his child next month, but he’s going to be in prison, instead.
Pidborochynski, 32, knew he was going to prison, even before he pleaded guilty Thursday in Lethbridge provincial court to half a dozen criminal charges. But he was counting on the judge allowing him to postpone the inevitable until after his wife gave birth to their child in February.
Lethbridge lawyer Darcy Shurtz told court Pidborochynski has struggled for some time with a drug addiction, which led to his criminal offences. However, Shurtz pointed out his client has been in custody since June 28, and in that time has become sober, which he hoped would help persuade the judge to release him for the birth of his child.
Shurtz suggested that if Pidborochynski was temporarily released, he could be placed under house arrest and be required to attend court and report to the police weekly until the child is born, and he would have to notify police when he goes to the hospital.
Judge Kristin Ailsby was sympathetic, and acknowledged how important it would be for Pidborochynski to experience the “spectacular joy of the arrival of his first child.” Ailsby said she was also concerned for the child, who would be without a father for some time.
“I recognize that this child will be Indigenous, and I do not want another Indigenous child to be born in our community, and for his or her parents not to be present because they’re in custody.”
However, Ailsby, who ultimately convicted Pidborochynski and sentenced him to three years in a federal penitentiary, said temporarily releasing him for the birth of his child was too big a safety risk to the public, given his past criminal conduct and previous convictions for violence.
“The reality is, sir, it’s not appropriate for you to be released into our community awaiting the birth of your son, and to adjourn sentencing for that purpose.”
Pidborochynski pleaded guilty to two counts of drug possession for the purpose of trafficking, and single counts of unauthorized possession of a firearm, possession of a prohibited or restricted firearm, obstructing a peace officer and possession of proceeds of crime under $5,000.
On June 23, 2022 police drove past a drug house in the 1900 block of 6A Avenue North at which Pidborochynski lived, but didn’t see his vehicle. Although Pidborochynski had previously been suspended from driving, police saw the suspect driving the vehicle later and attempted a traffic stop, but he fled.
Instead of pursuing the vehicle, the officer drove back to the house and found the vehicle parked at the rear of the house and Pidborochynski sitting in the driver’s seat.
During a search of the vehicle the following day, police found a shotgun next to the driver’s seat and a backpack with 40 grams of methamphetamine and 23 grams of fentanyl, along with a digital scale and packaging materials.
Pidborochynski had also been caught with a weapon on Feb. 23, 2022 after police in Pincher Creek stopped a pickup truck. The driver claimed he was Tyrone Pidborochynski, but police discovered the name was an alias, which the suspect had used previously to avoid being apprehended, and he was wanted for numerous offences, including obstruction and failing to comply with conditions under the Sex Offender Information Registry Act.
Police found an open bag on the back seat which contained a sawed-off, double barrel shotgun and ammunition. They also seized three pipes with drug residue and 12.5 grams of fentanyl, 6.7 grams of cocaine, 14 OxyContin tablets and 4.5 grams of meth. Police also found in Pidborochynski’s wallet a small bag of “suspected” cocaine and $2,010 cash.
Although sentenced to three years in prison, Pidborochynski was given credit for 10 1/2 months he spent in remand custody, leaving slightly more than two years to serve. He must also submit a sample of his DNA for the National DNA Data Bank, and he is prohibited from possessing weapons for the rest of his life.
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Zero compassion for this person who destroyed many other lives and even possibly his drugs took someone’s life in an overdose.
People do fatally overdose on meth as well! His criminality destroyed other lives so please don’t use a child’s birth for leniency . . . nice try!!!
How many working men could not be there for their first child’s birth and gone most of the time as they legally worked for a living, at jobs that took them away often, from military to trucking across North America, and many other jobs that caused many to miss those precious moments.
I am happy that the Judge in this case actually made the offender realize that he did do something wrong and that there are consequences.
Maybe he can deal drugs in jail as well, since they even have a safe consumption site there for inmates to do their illegally smuggled in drugs.
He will be out in a year with good behaviour, and back to the life of crime again, because we don’t rehabilitate in our penitentiaries and yes, there are illegal drugs and a SCS in the penitentiary, making it harder for changes in behaviours.