Whitby Free Press, 6 Feb 1974, p. 10

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PAGE 10, WEDNESDAY, FEBRUARY 6, 1974, WHITBY FREE PRESS REPORT During the week of January 28 to February 3, 1974, there were 9 motor vehicle collisions in which 1 person was injured and damiage amouinted to $5,1 70.00. 241 charges were laid under the Highway Traffic Act. Officers on GeneraILaUw.Enforcem«nent investigated 2 break and enfers, 1 theft, 2 disturbances, 1 report of mal- icious damage. 4 impaired drivers were arrested and 8 persons were charged with violations under the Liquor Con- frol Act. Routine checks on persons turned up 14 un- wanted or missing persons for other Ontario Police Departments. On Monday, January 28th, 1974, at 8:45 a.in., a break. in wyas reported at the Canadian Tire Store on Queen St., Port Perry. Entry was gained during the night through a basement door on the north side of the building. $346.0U in cash and $693.00 in merchandise was taken. Constable Harold HOCKINS investigated the break-inzand on Tuesday morning a Search Warrant was executed at an apartment at 135 Perry Street, Port Perry and the stolen property was recovered. Charged with break, enter and theft are Jeffery Brian FREER, age 18, and Steven Arnold WILLIAMS, age 16, both of Port Perry. As a resuit of further investigation FREER and WILLIAMS were further charged with thefts during 1973. Both persons have been relea-sed and are to appear ini Court in February in Whitby. On Tuesday evening at 6:25 p.rn., Constable Davc ROBBINS was investigating a mrotor vehicle collision on Highway 401 ini Pickering Township, wheii a later model Buick suddenly braked bard and swerved onto the north sh oulder. A passenger jumped out, dropped a knife and started running westbound and at the samne time the driver yelled for Constable ROBBINS' help. The driver, Frank GROF, of Bowmanville, had picked Up a hitchhiker ini the Belleville area and the hitchhiker pulled a knife and deman- ded to be driven to Toronto. Constable ROBBJNS chased the youth on foot and apprehended him. Charged wiih abduction is Thomas Gregory OXBRO, age 16, of no fixed address. Appoi'ntmemt At Whitby Detachment Corporal John ARNOLD has recently been transferred to Whitby Detachment upon being prômiofed t0 his present rank where lie will serve as a Supervisor of Traffic Patrols. Corporal ARNOLD joîned the Ontario Provincial Police Force ini Julv I1963 and following his Recruif Training hie served at the Ontario Provincial Police Toronto Detach- ment and Parliamient Buildings Detail. He was transferred f0 the Ont ario Provincial Police Downsview Detachment in 1964 wvhere lie served continuously mitil his liresent transfer. During this time hie performed motorcycle duty at that Defachmient. Corporal ARNOLD through his skiîll and experience as a motorcycle officer has also performed temiporarv assÎin- ment as anl Instrtîctor in Police Motorcycle Training at the Onfario Provincial Police College, Aylmer. Ontario. During the years of thue Ontario Provincial Police Motorcycle Ride, "Golden Heimets", Corporal ARNOLD served as a imember of that group and travelled with them while dem onstrafing their motorcycle expertise at Exhibitions and Fairs in variotis parts of the Province. Corporal ARNOLD is a native of Toronto and 110w resides in Agincourf, Ontario. COURT REPORT Sentenced 10 years For Manslaughter "The circumstances of this crime were Particularly gruesome. The public must not be allowed to consider that this type of crime will be taken too lightly," Mr. Justice J. Osier of the Supreme Court session in Whitby said as he sentenced Merle Frederick Smith, 43, of Toronto to 10 years in the Penetentiary on the charge of manslaughter. Mr. Smith, a former Metro Police Officer, was charged vvith non capital murder arising from the shooting death of Joseph Chiavatti, 44, an Orillia contractor on July 1l2th, 1973 at the Chiavatti Orkeny Beach cottage. At the conclusion of a four day trial held in Whitby, the jury, consisting of ten men and two vomen, brought in a verdict of.guilty of manslaughter; not gui,1ty of murder. They pre- sented their verdict on the basis that the shooting was not premedi- tated, it was a "spur &~ the moment act." Mrs. Agnes Smith vvas accidentally killed when she tried to separate her husband and Mr. Chiavatti. Mr. Justice 'Osier pointed out durîng the comments prior to sentencing that Mr. Smith was "tried solely with the death of Mr. Chiavatti." The events that occured during thecrime brought about the death of hi4 wÎfe by hi$s owni hand. "Bei ng 'Po lice 0f ficer tonds to complicate matters: thejury's f inding that your act was provoked and done in the heat of passion. In the case of a crime of passion the emotional control of a publie officer is not any stronger than that of a normal citizen. In passing sentence the Court considers him as a normal citizen from no particular walk of life, and he is sentenced accordingly." The sentence takes into consideration the "deterrent effect it will have on others." His Lordship agreed iivith Crown Attorney Bruce Affleck, that the deterrent factor on the public is an important factor to be taken into consideration. But he stated that the report received f rom the psychiatrist IDr. Bazil Orchard vvhich stated that Mr. Smith was suffering from reaction depression at the tirne of the crime,is to be "made available to the authorities at the Penitentiary." ln His address in regards to sentence on January 25th, Crovvn Attorney Affleck, said "the protection of the Public must be taken into consideration. The real purpose of a sentence can't be over- emphasized. Deterrents must be the predominant factor in this case. It was a gruesome crime as my friend (defense lavvyer Edvuard Horemballa of Orillia> has already staced. The jury has determined that the event was a spur of the moment type of thing; but the gravity of the crime should be considered. It is a remarkable crime, t is a spectacular crime. 1 think society is concerned. Society's re- action to anv punishment is very important. Th'eref ore the deterrent factor is and must be an important f actor." ~71 fiFsf<.je by Marie Rutter for period of February 10 - 16 AQUARIUS (Jan. 20 - Feb. 18) You need a change of pace this week, as you are getting very impatient, waiting for favourite projects to be com- pleted. As far as business is concerned try to be practical, and be careful not to hurt the feelings of sensitive associates. PISCES (feb. 19 - March 20) Don't try mixing firendship and money, for it may create a certain amount of animosity. A short journey is in order this week; probably connected in seme way with family business. ARIES (March 21, - April 19) The home becomes important this period; you may wnat to redecorate of add to your home. Be careful when select- ing styles and colours though, as your immediate selection may not be one you'll be satisfied with. TAURUS (April 30 - May 20) You will be very busy at the beginning of the week, you- have been avoiding certain social obligations tliat must be fulfilled. Try to avoid conflict with a member of your family toward the end of the week. Take care îîot to push too far. GEMINI (May 21 - June 20) The emphasis this week is on professional interests, try to have programs and projects completed. Try to get away for a few days, preferably somnewhere wann and sunny. You find that you have to work very hard to acheive your goals this year. CANCER (June 21 -iJuly 22) Don't take your co-workers for granted this week - take a second look. Count your blessings. Now is an auspicious time to go over your budget - you realize you can afford more than you thought. LEO (July 23 - Aug. 22) Your personality deepens; becomes more definable. You have more energy in your work area than usual, and youi get co-operation from co-workers. Signif icant days are the1 I 2th and I3thi, whien romance is high. VIRGO (Aug. 23 - Sept. 22) Your attentions are foctised on close associates, part- tiers and y<>Lr mate. Your career coines to a î)eak arouîîd the I 3th. vou find you cati overcoine ail past obstacles. Yotu can sec more clearly. more distantlv int(> the future, tliami before. LIBRA (Sept. 23 - Oct. 22) Although vou are caîmglt ini the mniddle of a whirl of activitv. vour mind i somiewhere else. Plan a vacation for later in the year, djscuss it witlh the famiilv. Yoti will find social contacts verx' implortanit to your career. SCORPIO (Oct. 23 - Nov. 21) Work o11 the sidelines thtis week, and let associates be ini tlie spotlighits. Finish projects quietly; investigate. Take special precautions when travelling, check your car, etc., dom't be afraid of change. SAGITTARIUS (Nov. 22 - Dec. 21) You have a lot t0 do this week, and limited time to do it in. You are an ingenius person, try to comne up with a plan that favours ail. Try t0 be fair ini your undertakings be abxve board. Significant day is the l2th. CAPRICORN (Dec. 22 - ian. 19) Nothing will dampen your spirits this week; you fimd a challenge and relish the experience of rising f0 the occasion. You mnay find yourself under pressure this week, you could WHY PAY MORE? SAVE!! On Premiurr Qualify FUEL OIL STOVE OIL PROMPT, COURTEOUS SERVICE CALI.

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