Sarnia man jailed for peeing in woman’s backyard
A Sarnia man has been jailed again, this time for urinating in a woman’s backyard while trespassing.
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A Sarnia man has been jailed again, this time for urinating in a woman’s backyard while trespassing.
Justice Krista Lynn Leszczynski told David Kaczmarek, 39, she appreciates he doesn’t have a home, which comes with practical challenges.
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“That does not in any way justify you trespassing onto someone’s private property, lowering your pants, for any reason,” she said. “That is a crime and it’s inappropriate and it’s important you recognize that.”
Sarnia police previously said officers were called to Davis Street about 9:30 p.m. April 19 about a person urinating in a backyard. The man was found on nearby College Avenue South.
“Police observed the male to be acting erratically and he became combative when placed under arrest. A conducted energy weapon was deployed in order to gain compliance, and the male was taken into custody without further incident,” police said at the time.
Kaczmarek was charged with breaching probation and trespassing at night and held for bail, they said.
He pleaded guilty recently to both charges and an additional probation breach and was sentenced to two months in jail.
“This situation certainly would have been worse if he was out front at a telephone pole, because then it’s indecent act in public,” Kaczmarek’s lawyer, Terry Brandon, said. “Still, he’s got to learn if he’s going to be homeless that he can’t relieve himself in people’s private properties.”
The Davis Street incident took place just after Kaczmarek was released from jail for multiple other crimes earlier this year.
The first was around 10 p.m. New Year’s Day, when Kaczmarek knocked on the front door of a Maxwell Street home and tried the handle. The person living there opened the door, then slammed it shut. Kaczmarek was arrested in the area soon after.
On Jan. 12, residents near Exmouth Street and Trillium Park reported a man, later identified as Kaczmarek, behaving erratically about 2:30 p.m. Officers found Kaczmarek, who was wanted on an outstanding warrant in London, but he ran into traffic when they tried to arrest him.
Some citizens helped stop traffic on Exmouth Street while officers tried to detain him, but he was still combative. He finally relented when warned they’d use a stun gun on him.
On Feb. 15 about 8 p.m., a person reported a man on a Victoria Street porch kicking the door and damaging a wooden railing. Police, who received multiple calls about Kaczmarek that day, found him in a nearby convenience store. He resisted arrest, but was subdued and taken into custody.
He got four months for those incidents. In 2022, he was sentenced to one year in jail for an unprovoked beating that left a Colborne Road KFC customer bleeding on the floor.
Brandon has said her client has a brain injury from a car crash and uses illegal drugs.
Kaczmarek told the judge he uses drugs to deal with pain, not for recreation.
“I am on death’s door a lot of times,” he said.
Still, Leszczynski told Kaczmarek he needs to take steps to deal with what is a very serious addiction.
“Because I have no doubt that that contributes to your situation,” she said.
She also banned him from returning to the woman’s Davis Street home after he’s released.
“Stay away from there. Period,” she said.
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