By Delon Shurtz - Lethbridge Herald on June 4, 2024.
LETHBRIDGE HERALDdshurtz@lethbridgeherald.com
A Blood Reserve man who pleaded guilty to several charges, including mischief by defecating at the Lethbridge Public Library, has been sentenced to 45 days in jail.
Library employees found Austin Blake Black Water on Aug. 30 of last year, defecating in a stairwell directly outside of the childrens’ wing.
“When he was encountered by staff, he indicated he couldn’t make it to the washroom, but in order to get to the stairwell, he had to walk past the washroom,” Crown Prosecutor Michael Fox said Monday in Lethbridge court of justice.
When he finished his business, Black Water was escorted to the washroom where he remained until police arrived. As he was being physically removed, he repeatedly passed out from what appeared to be intoxication from drugs.
Black Water, 28, pleaded guilty to a charge of mischief and was sentenced to 30 days in jail. He also pleaded guilty to failing to comply with a probation order and failure to provide his fingerprints, for which he was sentenced to an additional 15 days in jail.
At the time of the library incident, Black Water was on probation from previous theft and mischief charges and had been ordered to “keep the peace and be of good behaviour.” He was also ordered following his arrest at the library, to have his fingerprints taken at the Lethbridge police station, but he never did.
Fox pointed out the library is a “popular location” for individuals to use drugs, yet one of the most difficult areas in the city for police to catch offenders.
“The individuals gain access to the library, because it is a public domain, then they go into the washrooms and they do drugs. The police frequently have to do patrols of the washrooms, which results in members of the public, and children in particular, quite often witnessing aggressive arrests.”
Lethbridge lawyer Miranda Hlady told court Black Water doesn’t remember the incident.
“He has no recollection of what occurred at the library,” Hlady said, noting he was significantly intoxicated at the time. She recommended the judge send Black Water to jail for 10 days on the mischief charge.
“I have to say I agree with the Crown,” Justice Grace Auger replied. “I think the whole incident at the library is pretty significant – how intoxicated he was – it is very inappropriate.”
Auger gave Black Water credit, however, for the equivalent of 18 days he spent in remand custody, leaving him with 27 days to serve.
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