Carrie's Case — Assault — Police Report

Client:  Carrie, Accused
Complainant:  Tristan, youth bullying her son at school; Durham Police
Charges:  Assault; Fail to Appear

Police Report — Assault:  On January 15, 2002, P.C. M*** attended St. M*** S*** School in regards to an assault that took place during lunch hour at the school, off school property. Upon arrival, the officer spoke with the Vice Principal Ms Kathy Handervilt who stated that two grade 8 students and three grade 5 students were walking home from school for lunch when an altercation took place between a student, another student, and a mother. The Vice Principal gave the officer the names of the students that witnessed and were involved in the altercation.

P.C. M*** spoke with two of the three winesses. The one witness, Kenny Steele, stated that he and his friend Jacob M. (who are in grade 8) were walking home for lunch when they ran into 3 other males, Brad Campbell, Carlton Riddell, and Tristan Middleton (grade 5). The witnesses stated that Jacob M. and one of the other kids, Tristan Middleton, were cursing at each other, using foul language, and some kids were throwing snowballs at each other. The two boys, Tristan and Jacob, were not fighting. However, Tristan did push Jacob after Jacob threw a snowball at Tristan.

When Jacob's mother (Carrie M.) appeared — she was dropping off lunch to her daughter at the school — she said the following to Tristan Middleton after she saw the two of them harassing each other, "Don't mess with my boy. If you do that to my son again, I'll hit you. My son Jacob will rip your eyes out if you fight him." She eventually grabbed Tristan by the back of the shirt around the collar area and was choking him with his own shirt. She then threw him down on the ground and her and her son kicked him. When the officer asked the witnesses and victim how many times Tristan was kicked, they all stated more than once. Jacob, his mother, and one of the witnesses, Kenny Steele, then got into Jacob's mother's car and drove away. The incident is still under investigation.

On January 18, 2002, P.C. M*** attempted to reach the accused for the third time by calling the accused's residence. There was no response. P.C. M*** and P.C. W*** then attended the residence in an attempt to arrest the accused. When officers arrived at the residence and were told by the accused's 14-year-old son that they would not speak to us without a lawyer present, then the son stated later on that his mother was not home, so the officers vacated the premises.

P.C. M*** returned to 18 Division and attempted to call the residence again. leaving a message stating that if the officer did not hear from her by that night a warrant would be issued for her arrest. At 0120 hrs on January 19, 2002, the accused phoned police back and stated that she would attend the station. At 0130 hrs the same night, the accused stated that she understood her rights to counsel and did not wish to say anything in relation to the charge. At 0145 hrs, P.C. M*** phoned duty counsel, and at 0159 hrs, a Mr. Damien Paul from duty counsel called back and the phone was handed over to the accused. At 0215 hrs, the accused handed the phone back to P.C. M***. At 0216 hrs, Sgt. G*** released the accused on an Undertaking.

Police Report — Fail to Appear Court:  On February 22, 2002, the writer and Cst. S*** attended 6*** Carlton Avenue (Durham Regional Police Records Division) in regards to a bench warrant. Communications advised that Ms Carrie M. attended 18 Division to turn herself in because she failed to attend Court on February 13, 2002.

Upon arrival, the writer and Cst. S*** attended 18 Division and spoke with a female who was sitting at the front lobby.

The female identified herself as Carrie M. She stated that the reason she has attended 18 Division was because she did not attend Court on February 13, 2002. Carrie M. was originally arrested on the warrant for Fail to Appear Court. Carrie M. was read her rights to counsel where she stated that she understood and she wished to speak with Duty Counsel. At 1127 hours, Carrie M. was cautioned.

At 1132 hours, Duty Counsel was contacted and at 1202 hours, Mr. G*** returned the call from the Duty Counsel office. Carrie M. was transported to 17 Division and held for a bail hearing.

BACK TO CARRIE'S CASE