A young man who allegedly got into a tussle with police after he was caught urinating in public and threatening officers will go through restorative justice in the Penticton Indian Band rather than a criminal penalty.
Samuel Ricardo Espinoza-Gabriel, 19, was described in court as a “good kid” going through a “very bad night” after police followed up on the incident with his family.
“Obviously he does not do very well with alcohol,” Crown counsel Nashina Devji said in court Monday morning.
In the incident, Espinoza-Gabriel was spotted urinating by Okanagan Lake, and threatened officers, ultimately leading to a physical confrontation.
Some details of the incident are in dispute between officers and the family, and while Espinoza-Gabriel was charged with uttering threats and assault on a police officer, the latter charge was dropped.
Devji told the court that Espinoza-Gabriel, who has no criminal record, has “taken a number of steps,” and has been put into a situation where he’s been “forced to grow up.”
Speaking on behalf of Espinoza-Gabriel, Indigenous legal advocate Laurie Wilson told the court part of his new responsibilities included becoming “responsible for the things that have to start to happen in our culture.”
“He and his family and friends have taken responsibility of knowing where the kids were, making sure that the food was there, something that he stepped into in a really stressful time,” Wilson said.
That has come with guidance from local elder Arnold Baptiste, who teaches at the Outma Sqilx’w Cultural School.
“After the situation happened, he of course was there, and took control of what needed to be done,” Wilson said, noting Baptiste has worked with Espinoza-Gabriel since the incident and will continue to into the future.
“It is my role here to take an active, participative uncle/big brother/grandpa role,” Baptiste said, “and see if there are any things that I can help with.”
Baptiste said he had been asked by Espinoza-Gabriel to take an active role in guiding him.
“(I will) give him an idea how come I’ve been sober for over 30 years,” Baptiste said.
Having hunted since he was young, Wilson noted Espinoza-Gabriel has also been using that skill to ensure his family is fed, with his father not at home.
For that reason, Wilson asked that a firearms ban not be imposed on Espinoza-Gabriel, who is looking to become a conservation officer in the future, to which Judge Gale Sinclair agreed.
Wilson also asked the court to trade conventional penalties for the incident for restorative justice through the Penticton Indian Band.
Devji noted that the probation office does have the ability to work with local First Nations on restorative justice.
Restorative justice is a process that calls on offenders to recognize the harm they have caused and accept responsibility for rebuilding relationships and the community.
In court, Espinoza-Gabriel apologized for the incident, and reiterated his ambition to become a conservation officer, for which Sinclair congratulated him.
Espinoza-Gabriel was granted a conditional discharge on the matter, leaving him with no criminal record.
@dustinrgodfrey
dustin.godfrey@pentictonwesternnews.com
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