Sentencing Jesse Lewis on five criminal charges Monday, Justice Alphonsus Faour said he had no choice but to mention the "elephant in the room."
When Faour last saw Lewis, he was releasing him from custody, having just acquitted him of a number of charges related to the shooting of a man on his Avondale property, but finding him guilty of driving while disqualified and breaching court orders. Faour set Lewis free with the understanding that he would be moving to Ontario for work, but would return home for sentencing on the latter charges.
Lewis, however, has been back in custody since Oct. 17, after he was arrested and charged with close to 40 new crimes, including an alleged carjacking, hit and run, forcible confinement, assaults, weapons charges, robbery and more. Those charges have yet to make their way through the court.
"He explained to me that day that he was anxious to be out of the Avondale area and his father had arranged work in Ontario," Faour told the court. "While this wasn't key to his release, it was certainly an expectation of the court that he would do so. Imagine my surprise when I saw in the media he was charged with serious charges. The allegations are unproven, but he was in the province."
Lewis told the judge that he had left for Ontario to find work, but realized it was impossible without more than a birth certificate and MCP card for ID, so he came home.
"I did go to get ID and about a week ago they did come in the mail, but it was too late," Lewis explained.
Lewis spent about 17 months in custody after he shot a former friend, Bernard Mason, after Mason forced his way inside Lewis's home in a violent rage. Mason, who testified at Lewis's trial last month, said he required surgery to repair the injuries to his leg sustained during the shotgun blast. Faour ruled the shooting self-defence, saying Lewis had previously taken efforts to avoid Mason, with whom he had been feuding for a while.
Lewis was arrested again after a series of events on Oct. 17, starting with RCMP receiving a report of a male driving in a stolen vehicle speeding in the Avondale area. The day ended — after the driver led police on a chase from Colliers to St. John's, ramming RNC vehicles, causing several accidents and at one point allegedly carjacking a parked van with a grandmother and three small children inside while armed with a screwdriver — with Lewis's arrest.
Prosecutor Mike Murray acknowledged the new charges against Lewis have not been proven in court, but said they should be considered when it comes to setting new conditions for Lewis should he be released. Among the new charges, Murray said, are allegations that Lewis had attempted to call Bernard Mason despite being ordered not to, and reports that he threatened others by telling them he was going to get a gun.
When it came to sentencing Lewis on the driving charges and court order breaches, Murray suggested a jail period of seven months time served, followed by a two-year driving prohibition and a year-long period of probation.
"Mr. Lewis could put this matter behind him and get on with substantial efforts to deal with his newer charges," Murray said.
Lewis's lawyer, Mark Gruchy, didn't dispute Murray’s suggested jail sentence, but asked for a short driving prohibition, saying it would affect his ability to work.
"I respect any amount of time you give me," Lewis stood and told the judge. "I'm sure it's going to be fair. Whatever you want to give me, I accept it."
Faour sentenced Lewis to 180 days in jail — essentially six months — followed by a driving ban for two years, probation for one year and orders not to contact his ex-girlfriend, who testified at his trial, or Mason.
"I hope your future is better for you," Faour told Lewis. "You're going to have to make a significant effort to turn things around if there's anything to these current charges."
Lewis will make his next appearance in provincial court on the newest charges Nov. 8.
Twitter: @tara_bradbury
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