A Sarnia judge credited Kevin Racette for the work he has done of late to leave his drug-using lifestyle behind.
“He is to be commended for his willingness to pursue a better life,” Judge Mark Poland said Monday. “That is important.”
However, the judge also noted what Racette did last year: stab a stranger twice with a knife – could have ended up with a much longer sentence than just over seven months in jail.
“If Mr. Rogers had passed away as a result of his (inflicted) injuries, or if he had been injured in a more serious way, he would be facing a very, very long jail time, the rest of his life. said Poland. “It would be a terrible thing to throw away not just your life, but the life of another human being.”
Racette stabbed Sean Rogers, 37, outside a terraced house complex on Colborne Road in the mid-afternoon of September 18, 2021. Rogers was taken to Bluewater Health that Saturday afternoon and treated for injuries to his armpit and the left side that were not considered life. -threatening.
Racette briefly fled the area and tried to evade police, but was arrested and taken to police headquarters, where he was uncooperative and confronted, the court heard. He was initially charged with four counts of assaulting a police officer, but those charges were dropped Monday after Racette pleaded guilty to assaulting Rogers with a weapon and failing to comply with a release order. Racette was under house arrest at the time.
Defense attorney Autumn Johnson said there were potential Charter or Rights and Freedoms issues related to his arrest and what happened at police headquarters later that day, while Nila Mulpuru, Lambton’s acting crown counsel, He acknowledged that the case had some weaknesses. One of those weaknesses was the lack of information and communication from Rogers, a stranger to Racette, who appeared in the middle of an altercation inside and outside the compound.
Still, Johnson said his client is significantly remorseful for his actions.
“He understands how that could have landed him in a very different position right now. That was very dangerous and potentially could have been fatal to Mr. Rogers and Mr. Racette takes responsibility for that,” he said.
“I am sorry for what I did and I want to change my life,” Racette agreed when given the chance to speak.
Both lawyers suggested using the credit for the time he has already spent behind bars, 234 days, as his sentence. Polonia said it was at the lower end of the acceptable range, but added that the lawyers did a good job of putting the case in context for him.
The judge added a one-year probation order, as lawyers suggested, that prohibited Racette from contacting Rogers and from using knives except for cooking, eating and at work if necessary. He is banned from all kinds of weapons for 10 years.