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A Kingston area man with a lengthy attachment to alcohol was told by a judge that simply admitting to having a problem isn good enough.

Justice Larry O wanted to know what Lawrence S. Ellerbeck has done to eliminate booze from his life.

Ellerbeck, 49, pleaded guilty in Kingston Ontario Court of Justice to threatening his now estranged spouse last New Year Eve, criminally harassing her and, much later, in late November this year, violating bail that prohibited him from possessing or consuming alcohol.

He was given enhanced credit on 19 days of pretrial custody, sentenced to a further 90 days of intermittent jail on weekends and probation for three years.

During that time, he been ordered to stay away from the woman and their two children; is prohibited from patronizing bars and other places primarily devoted to the sale of alcohol; and he forbidden to leave his residence with alcohol in his system.

Assistant Crown attorney Janet O told the judge that Ellerbeck and his former partner had been separated for about a year when he showed up at her home on New Year Eve.

The victim and her daughter were in their kitchen, she said, when there was a knock at the door and the girl went to answer it. The child, upon opening it, screamed dad! according to Crown prosecutor O and ran upstairs. And in the time it took the woman to react, heading for her front door, O said, Ellerbeck was inside her house. She found him standing in her living room. He been drinking and, the Crown prosecutor said, he leaned toward his ex partner face and told her: a c and it lucky the kids are here or I f kill you. couple 13 year old son, at the time was standing on the stairs holding a baseball bat, according to O She told the judge Ellerbeck victim was eventually able to get him out of her house and lock the door, but she said he didn leave immediately. Instead, he paced back and forth in front of the family home and at one point broke a bottle in a display of temper.

Crown prosecutor O said Kingston Police later arrested Ellerbeck and he wasn released on bail until Jan. 7.

He was re arrested on Nov. 20, however, after he sucker punched another man exiting The Beer Store on Cataraqui Street.

The judge was told Ellerbeck left the scene in a cab, but police were able to obtain the address where he been dropped off.

He was found there, in the company of his girlfriend, very intoxicated, according to Crown prosecutor O and she said his only explanation for his behaviour was essentially that he hated the man he just assaulted. His victim, as it turned out, wasn interested in participating in the prosecution of an assault charge, howevr.

Ellerbeck lawyer, Mike Woogh, in urging Justice O to allow his client to serve his sentence on weekends, told him that, speaking, he employed. also asked the judge not to impose conditions on Ellerbeck forbidding him from drinking. not sure Mr. Ellerbeck is capable of going three years with no alcohol, Woogh candidly admitted.

Justice O asked Ellerbeck if he ever had counselling for alcohol abuse, and Ellerbeck responded long time ago, and revealed he attended some Alcoholics Anonymous meetings. Crown prosecutor O noted, however, that Ellerbeck record is replete with alcohol related crimes, including six convictions for impaired driving, would indicate a large problem with alcohol. total, she said, he has 56 registered convictions arising from 26 separate sentencings, and she told Justice O that Ellerbeck record includes violence, crimes of dishonesty and multiple breaches of court orders, in addition to drinking driving offences.

She joined with Woogh in recommending a further 90 days in jail but told the judge it was Ellerbeck plea of guilty, which saved his former spouse and children having to come to court and testify against him, that restrained her from recommending a much longer sentence.

Justice O observed in passing sentence that is the best teacher and I can think of a worse example of a father for his children. told Ellerbeck should be ashamed in a major way. And he demanded to know what steps Ellerbeck has taken to try to beat his alcohol problem a few AA meetings years ago. is a resolution that favourable to you, he told Ellerbeck, pointedly. could be getting a lot more. I tempted to give you a lot more: you don get it. the 49 year old as to the point where he places others in danger, Justice O suggested to Ellerbeck that any more of this kind of behaviour could secure him a trip to the penitentiary.

He also revealed that he was tempted to jump the joint recommendation of the two lawyers and impose a sentence that would give Ellerbeck a lot more time for reflection than catering to you, so you can keep your job to buy booze to do stupid things again. O warned him that if he messes up on his intermittent sentence or violates probation over the next three years, he be looking at serious jail time, lot more than 90 days. And if he tempted to sneak a little something into Quinte Detention Centre just to get himself through the weekends he was warned that, if he caught, his next Crown prosecutor will definitely ask for a two year pentitentiary sentence.
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