A Chatham Township man, originally facing a charge of attempted murder for trying to run over a police officer, has pleaded guilty to the lesser charge of assaulting a police officer.
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Larry VanBraeckel, 29, also pleaded guilty to several other charges while appearing via video in a Chatham court on Thursday, including dangerous driving, failing to stop when pursued by police, driving while prohibited and possession of a weapon while prohibited.
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However, VanBraeckel’s efforts to beat a long-time drug addiction and the fact his father is terminally ill resulted in leniency that included a six-month conditional sentence of house arrest to be followed by the maximum three-year probation term. He was also given 387 days credit for the 258 days he spent in pre-sentence custody.
According to the agreed statement of facts presented to the court, Chatham-Kent police officers were watching for speeders on Pain Court Line on Sept. 7 as part of a back-to-school safety campaign.
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Assistant Crown attorney Melanie Nancekievill said a vehicle being driven by VanBraeckel was clocked doing 96 km/h in a 60 km/h zone.
Const. Derek Shaw was wearing a safety vest and stood on the roadway and “made large hand gestures” for VanBraeckel to pull over, she said.
The vehicle slowed, but never came to a stop, then “revved loudly” and accelerated toward Shaw, Nancekievill said.
“Const. Shaw was forced to jump. . . from the roadway” to avoid being struck by the vehicle, the Crown said.
VanBraeckel’s vehicle sped up to 116 km/h in the 60 km/h zone and Shaw and two other officers left to pursue the vehicle, Nancekievill said.
The pursuit covered several kilometers. VanBraeckel went off the road at the intersection of Bloomfield Road and Riverview Line, to avoid a police road block and stop sticks, she said.
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The pursuit continued with VanBraeckel striking the cruiser Shaw was driving, then damaging a fence on the property of the Masonic Temple on Riverview Line, before the vehicle finally came to a stop on Irwin Street.
Nancekievill said VanBraeckel made it about 50 meters from the vehicle on foot before being caught by police. Officers also found a pellet handgun in the front driver’s side of the vehicle, she said.
VanBraeckel’s lawyer Shane Miles said the joint sentence “may appear to be light in some respects,” but added his client is very remorseful. He also noted VanBraeckel has repeatedly expressed he is aware of the danger he posed to others that day, especially to the police officer.
Miles noted a long-time drug addiction to methamphetamine has left his client with some mental health issues. He added VanBraeckel is “successfully medicated and clean.”
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When offered the chance to address the court, VanBraeckel said, “I’ve come to a point in my life I’ve realized that the things I’ve done are wrong and not acceptable.”
He said he hopes being clean and spending time with his father “will help me better myself and change my path.”
Ontario Court Justice Deborah Austin said what stands out is those in the community who were placed at risk by VanBraeckel’s choices.
She noted mitigating factors are his guilty pleas, accepting responsibility and his length of time in pre-sentence custody.
“With some pause,” the judge recognized the leniency of the sentence, adding there is a compassionate component with VanBraeckel’s father being close to death.
However, Austin warned VanBraeckel: “This can’t carry on, because the penitentiary is the next place for you.”
The judge imposed 10-year driving and weapon prohibitions, along with an order to provide a DNA sample.
VanBraeckel had previously begun to pay restitution for the damage caused to the police cruiser and fence at the Masonic Temple. Restitution orders were made that he paid $1,180.45 outstanding for the cruiser repair and $2,372 left owing for the fence repair.
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