TBPS make second arrest in vehicle theft investigation tied to multiple stolen vehicles

THUNDER BAY – NEWS – A Thunder Bay Police Service investigation into multiple vehicle thefts has now resulted in charges against two Thunder Bay men, including a second arrest made after a police standoff in the Bay Street and Cornwall Avenue area.

Police say the investigation began March 5 after officers encountered a stolen vehicle, and investigators allege the two suspects fled from officers on more than one occasion during the case.

The case matters locally because it combines alleged vehicle theft, dangerous driving and repeated police pursuits in city neighbourhoods.

Thunder Bay police identified the investigation under 11 occurrence numbers: TB26013520, TB26013636, TB26013331, TB26013233, TB26013087, TB26012596, TB26013449, TB26012768, TB26008439, TB26600553 and TB25600502.

Second arrest followed Bay and Cornwall standoff, police say

TBPS says officers arrested 35-year-old Jeffrey Barnwell on April 13. Police say a second suspect, 36-year-old Bradley Tomeck, was arrested April 14 following a standoff in the Bay Street and Cornwall Avenue area. The Thunder Bay Police Service says both men were identified through the same vehicle theft investigation.

Long list of charges laid against both accused

Police say Barnwell 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, disobeying a court order, causing a disturbance, assault with a weapon and mischief under $5,000.

Police also say some of his charges relate to outstanding warrants.

Police say Tomeck is charged with two counts of theft of a motor vehicle, five counts of failing to comply with a probation order, three counts of possession of property obtained by crime over $5,000, one count of possession of property obtained by crime under $5,000, dangerous operation, use of a credit card and 16 counts of operation while prohibited under the Criminal Code.

What the Criminal Code charges mean

Under the Criminal Code, dangerous operation is set out in section 320.13 and covers operating a vehicle in a manner dangerous to the public. Flight from a peace officer is set out in section 320.17, while operation while prohibited is under section 320.18. For those offences, section 320.19 says the Crown can proceed by indictment or summary conviction, with a maximum penalty of up to 10 years in prison on indictment.

Theft of a motor vehicle falls under section 333.1. The offence carries a maximum penalty of 10 years on indictment or up to two years less a day on summary conviction, with a six-month mandatory minimum applying only on a third or subsequent conviction. Possession of property obtained by crime is defined in section 354, with punishment set out in section 355: where the value is over $5,000, the maximum is 10 years on indictment; where the value is $5,000 or less, the maximum is two years on indictment, or the matter can proceed summarily.

Theft under $5,000 is addressed in section 334(b) and fraud under $5,000 in section 380(1)(b). Both can proceed either by indictment or summary conviction, with a maximum indictable penalty of two years. Use of a credit card in the form set out in section 342 can carry a maximum penalty of 10 years on indictment. Mischief under $5,000 is covered by section 430(4) and carries a maximum of two years on indictment, or it can proceed summarily.

Failure to comply with a probation order is under section 733.1 and can bring up to four years on indictment. Failure to comply with a release order is covered by section 145(5), while disobeying a court order is covered by section 127; both carry maximum penalties of up to two years on indictment. Causing a disturbance under section 175 is a summary conviction offence.

Assault with a weapon under section 267 can proceed by indictment, with a maximum sentence of 10 years. In actual cases, sentences depend on the facts proved in court, an accused person’s prior record, the Crown’s election and any aggravating or mitigating factors.

Presumption of innocence remains in place

All charges remain allegations that have not been tested in court. As with all criminal cases in Canada, both accused are presumed innocent unless and until proven guilty in a court of law.