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Penticton man gets five years for kidnapping

July 19, 2016 2:18 P.M.


A man who pleaded guilty during his June trial for kidnapping a Penticton resident finally learned his fate this week.

On Monday, Judge Gregory Koturbash sentenced Scott Andrew McArthur to five years in prison, minus credit for time served.

The sentence included four years for the kidnapping and one year consecutively for using an imitation firearm to carry out the crime.

Koturbash made the decision after hearing submissions from Crown counsel Kurt Froehlich, defence lawyer Matthew Fingas and from the accused in June. 

On Oct. 18, 2015, McArthur arrived at the victim's home, produced a small revolver and demanded money owed for a drug debt, according to Froehlich.

The victim was ordered into a vehicle, with co-accused Angel Violet Dyck, said to be in the driver's seat, and McArthur on the passenger side. McArthur then kept the gun pointed at him as they drove. The victim's dog was also in the vehicle.

They first attended the home of the victim's ex-girlfriend, who handed over $120. The woman later claimed she never saw the man look so scared.

McArthur made more threats to the victim and his dog and the group next went to the victim's grandmother's home.

She gave him just over $100 and at that point a 911 call was placed.

They drove on to McArthur's residence at 150 Skaha Place. Police arrived on scene and the vehicle was cleared. Items seized included three cellphones and some drug paraphernalia.

Crown stated McArthur has 46 convictions on his record, including some for theft and breaches.

In terms of aggravating factors, McArthur was serving a jail sentence in the community when the offences happened and the victim was traumatized by the incident.

A mitigating factor was that he entered a guilty plea in the midst of the trial. Crown suggested a five to seven-year sentence. Time already served will also be taken into account.

Fingas described his client's childhood as very difficult, being raised by a single mother. He became involved in drugs at an early age and was ultimately the victim of a horrific assault when he refused some gang members request to transport drugs into prison. During the assault he was stabbed, which led to amputation of both legs.

Since being jailed for the offence McArthur, who uses a wheelchair, has also had a difficult time in prison, including an assault by a cell mate and being given the wrong medication.

In June, McArthur apologized for wasting the court's time, talked about what his mother has gone through and admitted he has a lot of growing up to do. He added he is not going to get caught up with the gang lifestyle any longer, stating he was done with it.

In response, Koturbash said he sounded like a broken record, as he had said much the same thing to the judge just a few days prior to the kidnapping and pointing an imitation handgun at the victim.

Taking these matters into consideration, the judge gave a lengthy decision on Monday.

Dyck, McArthur's co-accused, is due back in court on Wednesday.

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