Fled from cops once again

A local man described as having an “unbroken pattern of criminal conduct stretching back to the early 2000s” was sentenced to spend more time behind bars in Penticton court on Wednesday.

Richard Cody Graham was charged with multiple counts of flight from police, failing to stop, dangerous operation of a vehicle and assaulting a peace officer, among other charges.

Graham has been well known to police, being arrested in an undercover drug operation by police in 2005 and the subject of a police raid in 2017 for warrants out of the Lower Mainland for bank robbery.

The court heard that Graham has a total of 60 criminal convictions on his record.

Graham pleaded guilty to his charges Wednesday, starting with an incident on Nov. 21, 2023, when RCMP received a complaint of a male passed out in an older model blue convertible on Sandhill Road in Penticton.

The police arrived at the location and found the vehicle with a license plate registered to Graham.

As the police were formulating a plan on how to approach the vehicle and place Graham under arrest, the convertible started driving towards the officers.

The vehicle was damaged when it drove into a ditch which was abutting a mountainside.

Graham then managed to avoid a police car and spike belt that had been deployed, before he turned and travelled southbound onto Highway 97.

The car headed out at a high rate of speed and after a short pursuit, the officer discontinued the chase of the vehicle, deeming it no longer safe to continue following Graham.

Graham was not located on this day but did come into custody on Jan. 19, 2024, when a warrant was issued for his arrest.

On Feb. 15, 2024, Graham was released on several stringent bail conditions, including that he live at New Visions Housing Society in Surrey and wear an ankle monitor.

Graham ended up cutting off his monitor and leaving the society on March 18, 2024. Police were not able to find him again until April.

Local police were aware that Graham was arrestable for breaching his bail conditions, and on April 8, 2024, just before 7 p.m., the Oliver RCMP noticed that Graham’s blue Dodge Avenge was parked in front of a grocery store that had been the subject of driving complaints in the area.

Police approached the car and positioned their cars to block it in.

Officers found Graham with a glass pipe in his hand in the passenger seat, opened the door and told him that he was under arrest.

Graham then proceeded to close and lock the door. Police attempted to breach the window on the door, but were not successful.

Graham then jumped into the driver's seat and reversed into the police car, damaging the bumper, before leaving the parking lot at a high rate of speed. Police could not locate him after this.

On April 13, police attended the Super 8 Motel in West Kelowna where they were informed where Graham was staying.

When police arrived, they saw Graham running away on foot. They pursued him on foot and caught up to him, telling him to stop and that he was under arrest.

Court heard that Graham then “launched himself into the officer” and knocked him over. The constable was able to gain control of Graham with the help of other officers and arrest him. He was found carrying a number of controlled substances and drug paraphernalia.

He has remained in custody since.

Court acknowledged that Graham has had a troubled past, referencing the Gladue report, which are used to provide the courts with context specific to an Indigenous offender's background.

Defence Lawyer Matthew James pointed out that while Graham does have a lengthy record, he was able to develop a strong gap in his record from 2017 until the latest string of events.

Unfortunately, Graham relapsed into his substance abuse problem in 2023.

“After his release to New Visions, unfortunately, he had been exposed to substances at the recovery facility by another individual. He had relapsed, and that sent him in, once again, a spiral to the point where he panicked, cut the bracelet, fled, and then we have the offences before the court,” James said.

“Ultimately, Graham is before the court with, as I noted, substantial childhood trauma. And what's important is to note that that is connected to the residential school systems and the intergenerational effects of it on his family, where that trauma stimulated his substance use, and through that, also his criminality.”

Since returning to custody in April, James said Graham has remained sober.

When given the opportunity to address to court, Graham apologized for his actions.

“When my daughter was born, that was the biggest thing in my life. I changed my life and I tried to get myself together,” he said.

“This is the biggest regret of my life. I've done all kinds of crime [but] losing my daughter has really kind of opened my eyes to not continue this lifestyle.”

Judge Gregory Koturbash was presented with a joint submission of 19 months (578 days) minus time served, along with a three-year driving prohibition, which he agreed with.

With time served already, Graham has 171 days left in jail. He also remains in custody awaiting sentencing on another file.

“I take a very, dim view of people that flee from the police, especially in vehicles, because so many dangerous and unfortunate consequences can happen when situations like that arise,” Koturbash said to Graham.

“The sentences that are imposed have to be high enough to discourage you from ever considering doing that, or people from ever considering doing that going forward in the future.”