WARMINGTON: Ford offers support for man charged after defending himself from alleged intruder

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LINDSAY — Jeremy McDonald may end up being the person to test laws governing just how far someone is allowed to go to protect themselves against an armed intruder?

And he just may have Ontario Premier Doug Ford as his biggest supporter.

“This (accused) criminal that’s wanted by the police (allegedly) breaks into this guy’s house, this guy (allegedly) gives him a beating, and this guy gets charged. Something is broken,” Ford said at a press conference on Wednesday. “I know if someone breaks into my house or someone else’s, you’re gonna fight for your life. You’re going to use whatever force you can to protect your family. I know everyone would.”

Police have decided that even though he was asleep in his apartment and awakened by an alleged intruder at 3:20 a.m. Monday, the father — who works at one of the area’s major employers — went too far. But much of the public, and the premier of the province, don’t think so.

“A 44-year-old Lindsay man (homeowner) was charged with: aggravated assault and assault with a weapon” said a Kawartha Lakes Police Service news release.

While this decision sparked much outraged from the public, police Chief Kirk Robertson explained “the Kawartha Lakes Police Service appreciates the community’s engagement and concern,” adding, “however, the negative commentary about the officers and their actions is unjust and inaccurate.”

Added the chief: “Under Canadian law, individuals have the right to defend themselves and their property. The Criminal Code of Canada, specifically Sec. 34 and 35, allow a person to use reasonable force to protect themselves and their property if they believe they are facing a threat” and that “it is important to understand that these rights are not unlimited in Canada. The law requires that any defensive action be proportionate to the threat faced. This means that while homeowners do have the right to protect themselves and their property, the use of force must be reasonable given the circumstances.”

McDonald, meanwhile, said that in keeping with advise from his lawyer, Steve Norton, he would not comment on this matter as it is before the courts. This is smart. But there are many others speaking out on his behalf.

The chief is right about that and to defend his officers in laying the charge. There has been no criticism toward them here. They have to follow the laws that are on the books. Canada does not have the Castle Doctrine which may have allowed more flexibility for police.

After all, the alleged intruder, identified by many of his friends as Mike Breen, was taken by air ambulance to a Toronto hospital where he is being treated for life-threatening injuries. Both have been charged with use of alleged weapons and video evidence shared with the Toronto Sun shows a lot of blood on the walls and floors of this apartment. Breen was charged with break and enter as well.

While police have not commented on the weapons, witnesses on Kent St. where this occurred say at least one knife and a crossbow were evident inside this crime scene and was removed as evidence.

Sources told the Sun the alleged intruder — with two accomplices — made his way into McDonald’s apartment through his “daughter’s bedroom window” and McDonald awoke to the image of a man with a lethal weapon in his doorway.

“I don’t blame (McDonald) for taking the action he did,” said Jesse Kalabic, who runs the 13 Tattoos directly below the apartment.

Another friend, Steve Carpenter, said “I will vouch for J.D. (McDonald),” he said. “He’s a great guy who has a family, a job and was the complete victim in the this.”

Police did not name Breen in their release but did say the accused in this matter was being sought by police for another alleged crime.

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Drug addiction is a major problem in the downtown section of Lindsay. Many here expressed concern about Breen’s medical situation and wished him a full recovery and were not angry with police since this is a unique matter.

That said, the charges against McDonald should be withdrawn by the Crown so he can have his life back. It’s not his fault there are drug issues in his town or that he allegedly reacted violently to an armed person in his house. To try to be proportional and measured in your response to such a threat is a lot to ask of a person who was previously asleep.

All you have to consider is what would you do in such an instance.

By not taking McDonald in to custody and merely asking him to show up to court at a later date, police clearly are attempting to show good will and also presenting that they don’t consider him a physical or flight risk.

Said Chief Robertson: “The role of the police is to investigate impartially and present findings to the justice system, which ultimately determines the outcome. It is important to remember that charges are not convictions; they are part of the judicial process, which ensures that all facts are considered fairly in court. We encourage you to follow this matter as it proceeds through the justice system.”

The public will definitely follow this.

Hopefully, it doesn’t go too far because if a man can go to jail after being allegedly attacked in his own bed, the criminals really are in charge. If that ends up happening, as Ford has hinted, perhaps there will have to be a discussion on bringing in Florida-style home protection laws that would leave any intruder on their own during an illegal entry.