Thunder Bay police lay multiple charges after vehicle theft investigation

THUNDER BAY – NEWS – A Thunder Bay Police Service investigation into several vehicle thefts has led to a long list of charges against one city man, while a second suspect was arrested Tuesday following a police standoff in the Bay Street and Cornwall Avenue area. The case is significant locally because what began as a stolen-vehicle investigation now includes allegations of repeated flight from police, prohibited driving and several property and court-order-related offences.

Primary Response Unit investigation began in March

Thunder Bay police said officers with the Primary Response Unit launched the investigation on March 5 after encountering a stolen vehicle. Police allege two suspects fled from officers on more than one occasion during the investigation, and that investigators later identified two people connected to the thefts.

Police said officers arrested Jeffrey Barnwell, 35, of Thunder Bay on April 13. He is charged with four counts each of dangerous operation, flight from a peace officer, operation while prohibited and failure to comply with a probation order, along with possession of property obtained by crime over $5,000, two counts of theft of a motor vehicle, fraud under $5,000, three counts of theft under $5,000, failure to comply with a release order, disobey court order, cause disturbance, assault with a weapon and mischief under $5,000. Police said some of the charges relate to outstanding warrants, and Barnwell remained in custody after his first court appearance.

Thunder Bay police also said a second suspect was arrested on April 14 after a standoff in the Bay Street and Cornwall Avenue area. Police said further details about that accused will be released after a first court appearance.

What the listed charges mean under Canadian law

Based on the charge titles released by police, the allegations generally correspond to several Criminal Code provisions: dangerous operation under section 320.13(1); flight from a peace officer under section 320.17; operation while prohibited under section 320.18(1); motor vehicle theft under section 333.1(1); possession of property obtained by crime through sections 354 and 355; fraud under $5,000 under section 380(1)(b); theft under $5,000 under section 334(b); failure to comply with a probation order under section 733.1(1); failure to comply with a release order under section 145(5); disobeying a court order under section 127(1); assault with a weapon under section 267(a); causing a disturbance under section 175(1); and mischief under $5,000 under section 430(4).

Potential penalties vary widely depending on the facts

If there is a conviction, sentencing can differ sharply from charge to charge and depends on the Crown’s election, the accused’s record and the facts proved in court. For the driving-related counts listed here, section 320.19(5) provides a maximum penalty of 10 years if prosecuted by indictment. Motor vehicle theft carries a maximum of 10 years, with a six-month mandatory minimum only for a third or subsequent conviction.

Possession of property obtained by crime over $5,000 also carries a maximum of 10 years if prosecuted by indictment, while assault with a weapon carries a maximum of 10 years. Fraud under $5,000, theft under $5,000 and mischief under $5,000 can each proceed either by indictment or summarily, with indictable maximums of two years for the under-$5,000 fraud and theft counts and two years for mischief under $5,000. A breach of a release order and disobeying a court order each carry a maximum of two years if prosecuted by indictment, while breach of probation carries a maximum of four years. Causing a disturbance is a summary conviction offence.

Presumption of innocence remains in place

As with all criminal cases, the accused is presumed innocent unless and until proven guilty in court. For Thunder Bay residents, the case is another reminder that vehicle theft investigations can quickly become broader public-safety matters when police allege stolen vehicles, repeat evasive driving and breaches of existing court orders are involved.