Thunder Bay police charge a 25-year-old after a Machar Avenue foot pursuit
Police say officers encountered a suspect attempting to access a locked vehicle on Machar Avenue.
THUNDER BAY — A 25-year-old Thunder Bay man faces five charges following a September 18 encounter with officers patrolling the Machar Avenue area.
In an October 7 media release, Thunder Bay Police Service said Primary Response Unit officers saw an individual attempting to gain access to a locked vehicle.
Police allege the suspect fled after officers made initial contact. Officers arrested the individual following a brief foot pursuit. A subsequent search uncovered items police identified as stolen.
Darnell Brethour, 25, of Thunder Bay, is charged with:
- Possession of a weapon for a dangerous purpose;
- Carrying a concealed weapon;
- Possession of property obtained by crime under $5,000;
- Failure to comply with a probation order — two counts.
Police said Brethour was remanded into custody following his first court appearance. The release did not identify the alleged weapon, describe the recovered property or specify which probation conditions were allegedly breached.
The charges have not been proven in court. Brethour is presumed innocent unless proven guilty.
The offences listed by police are hybrid offences, meaning the Crown can proceed by indictment or by summary conviction. That choice affects the available maximum punishment.
| Charge | What the offence involves | Maximum imprisonment if prosecuted by indictment |
|---|---|---|
| Possession of a weapon for a dangerous purpose | Carrying or possessing a weapon for a purpose dangerous to public peace or to commit an offence. The provision also covers specified related items, including imitation weapons. | 10 years |
| Carrying a concealed weapon | Carrying a weapon concealed without applicable authorization under the Firearms Act. | 5 years |
| Possession of property obtained by crime under $5,000 | Knowingly possessing property obtained through crime. The Crown must establish the required knowledge, not simply possession. | 2 years |
| Failure to comply with a probation order — two counts | Failing or refusing, without reasonable excuse, to follow a probation order that applies to the accused. | 4 years per count |
The weapons offences and their penalties are set out in sections 88 and 90 of the Criminal Code. The property offence is addressed in sections 354 and 355, while failure to comply with probation is covered by section 733.1. laws-lois.justice.gc.ca
If the Crown proceeds by summary conviction, each of these offences generally carries a maximum of two years less a day in jail, a $5,000 fine, or both. The police release did not indicate how prosecutors intend to proceed.
These are legal maximums, not predictions of a sentence. If there is a conviction, the court considers the circumstances of the offence and the offender, relevant aggravating and mitigating factors, and sentences in comparable cases. Maximum penalties should not simply be added together to suggest an expected sentence; the Criminal Code requires that any combined consecutive sentence not be unduly long or harsh.
The police file number is TB26037650. No next court date was provided.
