A Six Nations man who was facing a criminal charge of attempted murder was released from jail after about six months when a deal was reached for him to plead guilty to dangerous driving.
Jesse Wayne Whitlow, 32, was overcome with emotion in the prisoner’s dock of the Ontario Court of Justice recently as he tried to express himself to Justice Robert Gee, eventually turning over a letter to his lawyer to read.
“I was living all wrong,” wrote Whitlow.
“I was wasting precious time in my life as well as my daughters’. I’ve missed out on so much and I don’t want to waste any more time.”
Whitlow was charged after a July 4, 2022 incident where he went to a Fourth Line Road home, unannounced, at 3 am hoping to purchase drugs.
When a man at the residence heard noises outside, he thought someone might be trying to steal a quad four-wheeler or another vehicle on the property and hurried outside to check on things.
Rounding the corner to the driveway, the man saw Whitlow’s vehicle and yelled “Hoy! What are you doing?” as Whitlow spun his tires in the gravel driveway to leave, hitting the man as he went.
The victim ended up with a broken jaw that required two steel plates, chipped front teeth and scrapes and still deals with the pain today. Whitlow was charged with attempted murder.
But assistant Crown attorney Josh Mociak said there were “numerous” problems with trying to prove the case, starting with the fact the two witnesses to the incident were “evading” being subpoenaed to court and some text messages were found by the defense that “somewhat contrasted” the story that was told by the victim and police.
Mociak and defense lawyer Rhonda Fawcett agreed on a time-served sentence, credited at almost nine months, for a plea of dangerous driving causing bodily harm.
“It is at the lower end of the sentence range for these types of offences,” said Mociak, adding that the 30-year-old victim himself has a two-page criminal record with “certain convictions” that would affect his credibility.
The judge said it was commendable that Whitlow was 32 and, before the incident, hadn’t been in trouble. He also noted the man tried to improve his life and manage his addictions while in jail.
“Life goes on when you’re in custody and you miss those moments you can never get back,” Gee warned Whitlow.
“When you’re out, don’t fall back because the chances of being before a judge again go up dramatically.”
@EXPSGamble