“I have to change,“ dangerous offender tells court

BY KEITH LACEY

Donald Kocurek, who has spent most of his adult life behind bars, told a dangerous offender hearing the time has come for him to quit committing serious criminal acts and become a contributing member of society.

"If I don't change my life, its's going to be the death of me," said Kocurek. "I have to change my life or I'm going to end up doing life (behind bars)."

After spending the past 42 months in custody since being arrested after leading Greater Sudbury Police on a high-speed chase and being convicted for trying to run over an officer 42 months ago, Kocurek finally had a chance to speak Friday.

Kocurek's testimony completed a dangerous offender hearing brought forward by Sudbury's Crown attorney's office.

Crown attorney John Luczak and defence counsel Norm Williams will make closing submissions in December.

Justice Louise Gauthier of the Ontario Superior Court of Justice must decide whether to declare Kocurek, who has 38 previous criminal convictions, a dangerous offender, long-term offender or sentence him for the incident with police back in March of 2003.

If declared a dangerous offender, Kocurek could be imprisoned indefinitely, perhaps for the rest of his life. If declared a long-term offender, police and authorities would have the right to closely monitor him when he's released from custody for a period to be determined by the court.

If Gauthier rules, Kocurek is neither a dangerous offender or long-term offender, then she would sentence him for his convictions from March 2003.

Under intense questioning from Luczak, Kocurek took his time to answer all questions and denied much of the criminal activity he's been convicted of in the past.

When arrested in 2003, Kocurek was caught with cocaine in the truck he was convicted of stealing, but denied he uses the drug, even though he has past convictions for possessing the illegal powder.

"I don't use cocaine," he said.

He only pleaded guilty to possessing the drug because he was offered a deal by an assistant Crown attorney, he said.

When Luczak asked him if he felt any remorse for his criminal activity dating back more than 20 years, Kocurek said he finally realizes how much he's hurt certain people after taking and completing an anger management course.

"I don't feel good about what I've done," he said.

Only until recently has he felt good about himself and that's allowed him to feel empathy and remorse for the victims of his crimes, he said.

When asked by Luczak about his history of violence and how the courts should trust he won't turn violent again if confronted by police or authorities, Kocurek said he's learned how to control his emotions.

"I'm going to co-operate...I'm going to behave my best because I'm not the person I was," said Kocurek.

Even he has still has "bad days", but he's learned how to control his anger and knows he must surrender to police if ever confronted again, he said.

Kocurek denied he threatened to stab a correctional officer in the neck during an incident in April of this year at the Sudbury District Jail.

"That's what he says...that did not happen," he said.

He also denied threatening a jail nurse with violence in May.

"This lady needs help" and has gone out of her way to be confrontational with him during his time in custody, he said.

Kocurek also denied trying to run over a local police officer during the incident for which he remains under arrest.

He admitted to stealing the truck and leading police on a high-speed chase, but denies trying to ram the officer or hurt him.

Officers fired five bullets at Kocurek during the incident, but none of them hit him.

"I feel very sorry for that incident," he said. "But I did not intend to run over that police car."

When asked about a sexual assault conviction from several years ago, Kocurek said the sex was consensual and he did not commit any sexual assault.

He caught the woman trying to steal marijuana off of him and she made up the story out of fear, he said.

"I did not rape that girl," he said.

Kocurek said he knows any more serious convictions in the future will result in a long penitentiary term and he wants to live the rest of his life out of custody.

"I'm retiring from criminal activity," he said.

When Luczak reminded him he made similar proclamations to a doctor back in 1993, Kocurek said he really didn't care about himself or others until recently and he wants to get out of jail, take care of his two kids and turn his life around.