Kensington man receives conditional discharge

Published on April 14, 2014
Prince County Courthouse.

SUMMERSIDE - A 21-year-old Kensington man was given a conditional discharge and placed on 24 months probation after pleading guilty in Summerside provincial court, Monday, to a charge of damage to property.


Colton Jay Roberts was arrested by Kensington police on Dec. 1 following an incident at the home of his mother.

Police were called to the residence after receiving a complaint of a man yelling and causing a disturbance outside the home.

Crown attorney John Diamond said Roberts was intoxicated at the time, had damaged a door at the house and a van and was involved in a shouting match with family members, uttering threats. He said Roberts became more upset when police arrived. As police attempted to talk to Roberts he was walking back and forth with fists clenched.

An uncle of Roberts showed up at the scene and was able to calm the man down. Police arrested Roberts and placed him in Prince County Jail.

Diamond said Roberts suffers from Asperger’s, a form of autism, and was not on medication at the time of his arrest.

Defence counsel, Clifford McCabe, said his client had consumed more alcohol than was good for him that night and that any amount of alcohol leads to problems for him. The lawyer said Roberts has been sober since his arrest in December.

McCabe said that Roberts was due in court last month, but his case was put off because of snowstorms. He said his client has been anxious about the court proceedings and instead of turning to liquor or drugs to deal with his anxiety, he called his physician for help.

McCabe recommended a conditional discharge for his client saying that a criminal record wouldn’t help Roberts in dealing with his issues.

Judge Jeff Lantz said that Roberts did do damage to property and that his behaviour was “way over the line.”

Lantz said Roberts’ actions scared his family members and “hopefully scared yourself too.”

The judge noted that Roberts has made progress by having a residence in Charlottetown and employment along with the prospect of returning to school.

Lantz said that the major issue in granting a conditional discharge is the danger the individual poses to public safety.

He determined that Roberts did not pose a threat and granted the conditional discharge.

In addition, Lantz placed Roberts on 24 months probation to deal with his issues, ordered him to perform 25 hours of community service work for Kensington Intermediate High School and make restitution for damages to the door and the van totalling $1,511.30.