BY KEITH LACEY
The teenager convicted of killing a Sudbury police constable during a high-speed chase more than three years ago has had his appeal on the length of his sentence denied by Ontario?s highest court.
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Jeremy Trodd |
Northern Life has learned a three-member panel of judges from the Ontario Court of Appeal took only a few minutes after a 30-minute hearing recently to turn down the appeal by Jeremy Trodd, now age 19.
Trodd was convicted of stealing a van and leading police on a high-speed chase, which resulted in tragedy when the van veered to avoid a spike belt placed by Sgt. Rick McDonald, and hit the veteran officer in the early morning hours of July 28, 1999.
Trodd?s teenage cousin Peter Nagonosh, 17, a passenger in the stolen van, was also killed in the incident.
Trodd pleaded guilty to two counts of criminal negligence causing death, helping to steal the van, leaving the scene of an accident and breach of probation.
McDonald was an arresting officer in March of 1999, only four months before he was killed, when Trodd was involved in stealing another vehicle and leading police on another high-speed chase down a main Sudbury thoroughfare. He was out on a recognizance from that incident when McDonald was killed.
Sudbury Crown attorney John Luczak attended the appeal hearing and said the judges made it clear the sentencing judge did not make any errors in law in punishing Trodd.
?It took the court four or five minutes and they dismissed the appeal,? said Luczak. ?The court emphasized the ruling was just, especially considering the catastrophic results of his offence.?
Trodd is currently doing his time in a federal penitentiary after asking for and receiving permission to transfer from Cecil Facer Youth Detention Centre in Sudbury in February, said Luczak.
?Apparently, he wasn?t getting along with staff and wanted to be sent somewhere where the notoriety of his crime wouldn?t be as high profile,? he said.
A Toronto appellant lawyer handled the appeal.
Louis Sola, who was Trodd?s defence counsel from the time he was arrested to sentencing, felt Trodd had a legitimate chance at having his sentence reduced.
?I?m disappointed in the ruling because I thought there was a very good chance the sentence would be reduced, but obviously the appeal court saw differently,? said Sola.
The appeal involved three areas of contention in terms of severity of sentence, said Sola.
Trodd is a young native man and the Supreme Court of Canada has ruled native offenders should be given special consideration in sentencing, he said.
The time Trodd spent in pre-trial custody should have been more strongly considered and it was argued the sentencing judge excluded certain key factors in passing sentence, said Sola.
Under the federal penitentiary system, convicts can apply for day passes after serving one-sixth of their sentence and for full parole after serving one-third of their sentence.
Luczak said his office will continue to monitor the situation and advise McDonald?s family to ensure they have a say should Trodd apply for early parole.
?I don?t know if he will apply because he committed such serious offences, but we?ll cross that bridge when we get to it,? said Luczak.
At Trodd?s sentencing hear, Justice N.M. Karam called Trodd a young man who was ?out of control? for several years before McDonald was killed.
Karam gave Trodd 18-months credit for pre-trial custody, meaning Trodd had to serve another 66 months in custody before his release.
Trodd has now served 19 months of his 66-month sentence, meaning he could likely apply for parole within three or four months.
That doesn?t mean he will be successful, said Luczak.
In very harsh language, Karam told Trodd at his sentencing hearing he has been a menace to society for several years and the only time he's had any success and improved his life is while in custody.
Not only did Trodd help steal a van, but he led police on a chase where speeds reached 160 km an hour and his criminal actions led directly to the death of a police officer and his cousin, said the judge.
"This offender...has a complete lack of respect for authority and the law...his involvement with the law has escalated to dangerous levels," said Karam.
From age 13 until his arrest in this matter, Trodd had accumulated 20 convictions, including assaulting a youth leader, school principal and police officer.
He had no doubt Trodd would re-offend if not in custody the past 20 months, said the judge.
McDonald was "a credit to his family and the police service," and this community and his family will continue to miss him forever "because of the foolish and dangerous criminal behaviour" of the accused, he said.
Besides prolonged custody, Karam also banned Trodd, who didn't have a driver's license, from driving for 15 years, prohibited him from owning any firearm or prohibited weapon for 10 years and ordered to provide a DNA sample.
