Kimball fined, put on probation for resist arrest, assault

Justin Crann
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Dustin Kimball was distraught when he perpetrated acts that brought him before Moose Jaw's provincial court Tuesday morning.

Moose Jaw Provincial Court

He appeared to plead guilty charges of resisting arrest and assault of a peace officer.

Kimball, from Assiniboia, was visiting Moose Jaw to mourn a close friend and coworker who had recently died, according to his defence counsel Thomas Mountain.

He was staying at Capone's Hideaway when, in what Crown prosecutor Brian Hendrickson described as a "clearly intoxicated" state, he began shouting at people outside his motel room.

Police soon attended to the scene and after ordering Kimball to go inside his room and keep the peace, prepared to detain him until sober, Hendrickson told the court.

When police attempted to restrain Kimball, he resisted and kicked one of the constables in the leg. There were no serious injuries.

"(Kimball) is aware that the circumstances were bad … he is fortunate that there was no serious injury to someone," said Mountain. "However, there is a factor here that is extreme."

In his own presentation to the court, Hendrickson said, "there has to be recognition that being resistant to police and assaulting police is unacceptable … being intoxicated is not an excuse."

Judge Margaret Gordon agreed that the charges were serious, but also said she must be "mindful of the circumstances."

Among those circumstances are a previous conviction stemming from an impaired driving incident, but also the "tragic circumstances" surrounding the loss of Kimball's friend.

Gordon sentenced Kimball to nine months probation with the standard terms, along with an order to participate in programming to deal with his alcohol abuse issues. In addition, he will be required to pay $590 in fines.

"I hope, in a few years, you look back and say this was a turning point, and that this will be your last appearance before this court," said Gordon. 

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Geographic location: Assiniboia, Moose Jaw, Thomas Mountain

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