Condensed version: career criminal (32 years) shoplifts from Chinatown grocer and when he returns to steal more, the grocer and 2 employees chase him down, tie him up and call the cops. Grocer gets charged with 4 offences. The CRIMINAL's sentence gets reduced from 90 days to 30 in return for his testimony vs the grocer. Now the crown drops 2 charges but that's bad because then there is no jury trial where he would have been acquitted for sure. He faces only a judge in June where the asinine leftwing liberal judges in this country are appointed, not elected, will probably apply the letter of the law and convict the grocer and 2 employees.
Crown drops kidnapping charge against Chinatown shopkeeper
Posted: November 03, 2009, 9:03 PM by Rob Roberts
By Matthew Coutts, National Post
The Crown dropped two charges against Chinatown merchant David Chen today, as he returned to court to face accusations stemming from his confrontation with a shoplifter.
Mr. Chen will longer face the most serious charge against him, kidnapping, when the case goes to trial in June. A charge of carrying a concealed weapon has also been withdrawn.
“It is certainly a start. I would have preferred they were all withdrawn,” said lawyer Peter Lindsay. “But two of the four have been withdrawn, including the most serious, which is kidnapping.”
Mr. Chen was arrested May 23, after he and two staff members at the Lucky Moose Market chased down a thief and held him until police arrived.
The charge of carrying a concealed weapon relates to a box cutter Mr. Chen kept attached to his belt while he worked. Mr. Lindsay said he considered the charge ridiculous in the first place.
“We will go to trial on the other two and we are confident we will have the right result. We have faith in the judicial system.”
A three-day trial is set to begin on June 21, during which Mr. Lindsay will raise the constitutional issue of the proper legal boundaries of when a citizen’s arrest can be executed.
“The constitutional issue will certainly be front and centre at the trial,” said Mr. Lindsay.
Mr. Chen’s legal issues began after he and two employees grabbed a man who had returned to the store one hour after being captured on video surveillance stealing plants from an outside display.
Because the citizen’s arrest did not occur while a crime was being committed, it was not considered appropriate.
“You shouldn’t be limited to arresting someone you actually find committing a crime,” especially when you have video evidence of the crime, he said.
Two others charged in the incident have also had the charges of kidnapping and carrying a concealed weapon dropped. The three remain charged with assault and forcible confinement.
The charge of forcible confinement comes with a maximum sentence of 18 months in prison. The charge of assault comes with a maximum sentence of six months.
The Crown has also scheduled to have a motion heard by the court on March 4.
Mr. Lindsay previously said Mr. Chen rejected a plea deal that would result in a suspended sentence and no jail time for pleading guilty to two charges: forcible confinement and concealment of a weapon.
Surveillance footage from May 23 shows Anthony Bennett taking $60 worth of plants from outside Mr. Chen’s store, just off of Spadina Avenue, only to return an hour later.
Mr. Chen and two other men then allegedly chased him down an alley, bound his hands and locked him in the back of a delivery truck until police arrived.
Mr. Bennett has pleaded guilty to two counts of shoplifting -- relating to the Lucky Moose Market theft and a similar incident on King Street West -- and spent 30 days in jail.
A judge decided to give him the sentence, reduced from 90 days, after he agreed in court to testify against Mr. Chen.
Last week, Toronto Police Chief Bill Blair met with the media to clear up the perception that police or the Crown cut a plea deal with Mr. Bennett in exchange for his testimony. He said the “misinformation” had seriously undermined the Chinese community’s trust in the police force.
Read more: http://network.nationalpost.com/np/...ainst-chinatown-shopkeeper.aspx#ixzz0VrgdcDHH
Crown drops kidnapping charge against Chinatown shopkeeper
Posted: November 03, 2009, 9:03 PM by Rob Roberts
By Matthew Coutts, National Post
The Crown dropped two charges against Chinatown merchant David Chen today, as he returned to court to face accusations stemming from his confrontation with a shoplifter.
Mr. Chen will longer face the most serious charge against him, kidnapping, when the case goes to trial in June. A charge of carrying a concealed weapon has also been withdrawn.
“It is certainly a start. I would have preferred they were all withdrawn,” said lawyer Peter Lindsay. “But two of the four have been withdrawn, including the most serious, which is kidnapping.”
Mr. Chen was arrested May 23, after he and two staff members at the Lucky Moose Market chased down a thief and held him until police arrived.
The charge of carrying a concealed weapon relates to a box cutter Mr. Chen kept attached to his belt while he worked. Mr. Lindsay said he considered the charge ridiculous in the first place.
“We will go to trial on the other two and we are confident we will have the right result. We have faith in the judicial system.”
A three-day trial is set to begin on June 21, during which Mr. Lindsay will raise the constitutional issue of the proper legal boundaries of when a citizen’s arrest can be executed.
“The constitutional issue will certainly be front and centre at the trial,” said Mr. Lindsay.
Mr. Chen’s legal issues began after he and two employees grabbed a man who had returned to the store one hour after being captured on video surveillance stealing plants from an outside display.
Because the citizen’s arrest did not occur while a crime was being committed, it was not considered appropriate.
“You shouldn’t be limited to arresting someone you actually find committing a crime,” especially when you have video evidence of the crime, he said.
Two others charged in the incident have also had the charges of kidnapping and carrying a concealed weapon dropped. The three remain charged with assault and forcible confinement.
The charge of forcible confinement comes with a maximum sentence of 18 months in prison. The charge of assault comes with a maximum sentence of six months.
The Crown has also scheduled to have a motion heard by the court on March 4.
Mr. Lindsay previously said Mr. Chen rejected a plea deal that would result in a suspended sentence and no jail time for pleading guilty to two charges: forcible confinement and concealment of a weapon.
Surveillance footage from May 23 shows Anthony Bennett taking $60 worth of plants from outside Mr. Chen’s store, just off of Spadina Avenue, only to return an hour later.
Mr. Chen and two other men then allegedly chased him down an alley, bound his hands and locked him in the back of a delivery truck until police arrived.
Mr. Bennett has pleaded guilty to two counts of shoplifting -- relating to the Lucky Moose Market theft and a similar incident on King Street West -- and spent 30 days in jail.
A judge decided to give him the sentence, reduced from 90 days, after he agreed in court to testify against Mr. Chen.
Last week, Toronto Police Chief Bill Blair met with the media to clear up the perception that police or the Crown cut a plea deal with Mr. Bennett in exchange for his testimony. He said the “misinformation” had seriously undermined the Chinese community’s trust in the police force.
Read more: http://network.nationalpost.com/np/...ainst-chinatown-shopkeeper.aspx#ixzz0VrgdcDHH
