ST. JOHN'S, N.L. — A man found guilty of threatening to kick a police officer in the head is asking the court for a discharge and offering to make a $1,000 donation to the local food bank.
Kurt Churchill, 43, was found guilty last month of threatening an RNC officer who had picked him up on George Street for being drunk in public in March 2019. Churchill had pleaded not guilty and was out of the province when his trial took place, Judge David Orr having given permission for the matter to proceed without him.
RNC Const. Cody Dunphy testified he and another officer had responded to a reported altercation at a George Street bar and made the decision to detain Churchill for public intoxication because he felt Churchill could be a danger to himself or someone else.
Churchill was belligerent and aggressive in the police vehicle, calling the officers names and making vague threats, Dunphy said. He decided to charge Churchill with uttering threats after Churchill told him, “I’m going to put my f---ing boot in your head.”
Churchill was in court for his sentencing hearing Friday and told the court he had no memory of making the threat.
“I have no recollection of the alleged incident. If any of those officers were here right now I wouldn’t be able to identify them, but if I scared or intimidated Const. Dunphy or any of the other officers that night by any comments, then I apologize,” he said.
Prosecutor Mike Murray argued for a suspended sentence and a year of probation for Churchill, meaning Churchill would be ordered to abide by certain conditions for a year or risk going to jail for the remainder of that time. Murray pointed out the need for public deterrence when it comes to threatening police officers.
Defence lawyer Robby Ash asked for a discharge, saying the incident was uncharacteristic of his client, who has no prior criminal convictions, and "a one-off where a person had a bad night."
Churchill is willing to make a donation of $1,000 to the local food bank as part of his sentence, Ash said.
Ash argued against Murray’s suggestion of an alcohol ban for Churchill. He also argued against Murray’s request for a DNA order.
“My submissions in this particular case are that, given the circumstances of the offence that was committed — an isolated incident, frustration, intoxication, no criminal record — this is not the type of person that we have to be worried about in the future,” Ash said.
Court documents indicate Churchill’s address last year was 40 Craigmillar Ave., the address of the house outside which 47-year-old Jamie Cody was fatally shot three months ago.
RNC officers responded to a report of shots fired in the neighbourhood in the early morning hours of July 5 and arrived to find Cody’s body on the street and his Jeep, the driver’s side door open, outside 40 Craigmillar. Police secured the perimeter of the scene as well as the home and determined no one was inside.
The RNC has said it doesn’t believe the shooting was random and that Cody knew his killer. RNC Supt. Tom Warren said in the days after the homicide that investigators had identified suspects and put “precautionary measures” in place to ensure the public was not at risk, but had not yet made any arrests.
On Friday, RNC Const. Mike Hoddinott told The Telegram the investigation is ongoing and there have not been any arrests.
Earlier this month the RNC went to court to get an extension on its seizure of items from the crime scene, which is said to include a handgun, multiple cellphones, a hard drive, a CCTV system and various swabs taken from 40 Craigmillar. The law permits police to hold on to items seized with authority as part of an investigation for 90 days before it must apply for an extension and provide an explanation of why more time is needed.
In the Cody homicide case, sources say delays at RCMP forensic labs, particularly when it comes to firearms, have increased with the COVID-19 pandemic, and are holding up the investigation.
Churchill faced serious drug charges in 2014, when he was arrested as part of Operation Battalion, a police investigation into cocaine trafficking in St. John’s. His charges were eventually dismissed on the basis of an unreasonable delay in getting the case to court.
Orr is scheduled to deliver his sentencing decision on the threats charge Nov. 5.
Tara Bradbury is a justice reporter in St. John's.
