Fines instead of jail time for Penticton man drinking to cope with depression

PENTICTON – A Penticton man struggling with depression has avoided a jail term for numerous probation breaches.

Kevin Aaron Carroll appeared in Penticton court yesterday, June 19, and pleaded guilty to three probation breaches relating to not consuming alcohol, attached to a June 17, 2016  sentencing for charges of causing a police pursuit and failing to take a breath sample.

Crown prosecutor John Swanson told court police were called after Carroll was observed passed out in a snowbank on Naramata Road on Dec. 27, 2016. B.C. Ambulance personnel treated Carroll, who appeared to be suffering mental health issues, shouting and sobbing that he wanted to die. He was transported to hospital.

Swanson said on Dec. 31, 2016, a passerby found Carroll passed out, face down on the sidewalk on Eckhardt Avenue at Moosejaw Street. He was taken to hospital where he was found to be “grossly intoxicated.”

Hospital staff tried to retain him in the hospital, but he refused to stay. They called police, who found him in the parking lot. Carroll refused to cooperate with police by yelling and he refusing to be handcuffed until taken to the ground.

On Feb. 26, 2017, police received a call from Penticton Regional Hospital at 5:45 a.m. after Carroll created a disturbance by overturning furniture, tipping over magazine racks and yelling and screaming. Police found Carroll once again in what appeared to be an intoxicated state, smelling of liquor, unsteady and swaying, with bloodshot eyes.

Swanson asked Judge Gregory Koturbash for a 14 day jail term for each of the three offences.

Defence lawyer James Pennington said his client had a “long standing history of depression,” who tried self-medicating with alcohol. Obviously, it didn’t work,” Pennington said, adding his client was embarrassed about coming before the court.

Pennington said his client had connected with Pathways Addiction Centre and had undergone a 45 day program. He was getting his life on track and had found a job. He asked the judge to consider a suspended sentence.

Carroll admitted to court he’d been a "less than upstanding citizen.”

“I want to get back on track,” he said.

“I’m not keen to sent you to jail today,” Judge Koturbash said, adding it appeared Carroll was attempting to drink himself to death in the three incidents.

Koturbash said Carroll had taken some very positive steps to deal with his issues, imposing a fine of $200 on each count.

Carroll will have until the end to the year to pay the fines.

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