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A prolific Penticton felon found in a local home is looking for another chance, and his attorney explains he needs mental health and addiction support instead of incarceration.
Kyle Gerkin, 29, appeared in Penticton Provincial Court on Tuesday after pleading guilty to one count of trespassing.
The court heard that on May 19, 2019, a woman living in a Fairview Road apartment reported to the RCMP that she had discovered a man inside her home and, after being confronted, attempted to hit her.
The woman entered her unit, which she and her boyfriend were in the process of moving out of, and found trash in the kitchen, including empty food containers. They suspected that someone was in the house and discovered a man in her bedroom.
The woman took pictures of the man on her cell phone which, after sharing with the RCMP, led to Gerkin’s arrest between Main Street and Martin Street.
Gerkin cooperated with the arrest, and a search of his backpack revealed a large quantity of unspent needles.
Gerkin was released pending a court date with conditions, but when he appeared in court in June, he was carrying a backpack containing an X-Acto knife, a set of pliers, a chain and a padlock, in contravention of his orders. judicial of not having breakage. -e-enter materials.
He has been in custody since the end of October 2021 and his records indicate that he has a history of felony burglary and drug charges dating back to 2011. When he committed the crime in June 2019, he was already on parole.
“It is a significant breach of privacy and, moreover, Mr. Gerkin was on parole for a similar offence,” Crown Counsel Danielle Borgia said, calling the trend “disturbing.”
She said the victim now “lives in fear.” Crown is seeking 24 months in jail plus probation.
Gerkin’s attorney, James Pennington, urged leniency due to Gerkin’s childhood of emotional and physical abuse, and a history of untreated psychological problems, which led to a substance abuse problem at the age of 13.
“Given his background and the circumstances in which he found himself, I’m surprised his record isn’t worse,” Pennington said.
His life on the streets led to the home invasion incident.
“I needed a place that was safe,” Gerkin told police at the time, after explaining that he had been threatened while living outdoors. The door to the apartment was open and he thought the residence seemed unoccupied.
Pennington urged a sentence that would take into account his client’s history and provide treatment for his addiction and psychological problems, citing significant progress made while incarcerated and a willingness to stay clean in the future.
Judge Michelle Daneliuk deferred her decision to a later date to give herself time to reflect on the appropriate sentence and to carefully read the pre-sentence and psychological reports.
Gerkin is due back in court on February 24, according to court records.
He also faces a drug possession charge related to a 2019 incident during which police caught him buying $20 worth of cocaine and fentanyl on the street near Penticton’s Shatford Center.
