Stephanie Waddell, Whitehorse Star
A former Yukon RCMP officer has been sentenced to 28 days in jail after being convicted of uttering a threat to a current member of the Whitehorse detachment.
Visiting territorial court judge Donald Luther handed down the sentence Thursday afternoon after finding Marcell Blackwell guilty of the charge.
While the sentence would be for a total of 40 days, Blackwell was given double credit for the six days he spent in jail before being released on bail.
There were also new terms added to his current probation order, which he will be under for 10 months after his release.
He can have no contact with the police officer involved, must stay at least 50 metres from the officer’s residence and must abstain from alcohol and stay away from bars for the first six months of the order.
Luther found Blackwell guilty following a trial Wednesday and closing arguments Thursday.
When Luther made his decision on the conviction, Blackwell shook his head and began talking to his lawyer, Lynn MacDiarmid.
Over the trial, the court heard Blackwell was arrested by Whitehorse RCMP Const. Dale Ristau after police responded to a call from the ’98 Hotel about a bar patron who was refusing to leave and making staff uncomfortable.
That came in July, just days after Blackwell had been placed on a conditional sentence for criminal harassment.
Among those conditions, Blackwell had to stay away from bars and abstain from alcohol.
After the call to the ’98, Ristau found Blackwell outside the 202 Motor Inn, where he was arrested.
When Ristau initially came across him and questioned him about it, Blackwell replied: “Do I look like I’m in the ’98?” Ristau told the court during his testimony.
Proceeding to the detachment in the cruiser, the court learned, Blackwell pounded the separation between the front and back seats, swearing at Ristau and telling him to bring in back-up officers.
After getting to the station, with other officers coming out as back-up at Ristau’s request, Blackwell continued to swear at the officers.
Given Blackwell’s history as an RCMP officer, his training in martial arts, his large size and his past behaviour toward the RCMP, Ristau said, he decided to use pepper spray twice as a way to gain control of the situation with as little harm as possible to himself and to Blackwell.
While it was unclear whether Blackwell made the threat after the first or second time the pepper spray was used, he told Ristau that if officers grabbed or sprayed him again, he would beat them up, court heard.
MacDiarmid argued the threat was a reaction to the circumstances of being pepper-sprayed rather than a serious statement.
“He did not want to fight,” she said, after noting the circumstance of the situation and whether someone is provoked must be looked at in such cases.
Luther, however, sided with Crown prosecutor Mike Cozens, who argued Blackwell was agitated and showing signs of aggression prior to the threat being made.
“There is aggressive behaviour inside the vehicle,” he pointed out, noting that could make the threat seem serious.
“Const. Ristau said he took this threat seriously,” Cozens said.
Luther then reached his verdict. The judge pointed to the knowledge Ristau had of Blackwell and the agitated state the ex-officer was in at the time.
While Cozens argued for a 60-day sentence with additional probation to follow, Luther opted to hand down a lesser sentence after listening to MacDiarmid.
She noted Blackwell is experiencing some mental health issues and is also taking medication for cholesterol, which can affect his moods.
Originally from the territory, he moved to Whitehorse again in 2006 to be near his sister, who was diagnosed with cancer.
In addition, he’s been unable to visit his children in Alberta as he had planned to do during the past summer.
MacDiarmid repeated that the circumstances of the situation must also be taken into consideration for sentencing.
“Certainly, he was provoked,” she said.
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