A man recorded intimidating a witness over the phone while in custody at the Okanagan Correctional Centre (OCC) received a sentence of time served in custody, eight months, Wednesday.
Jeremy Hargreaves, 39, pleaded guilty to one count of intimidation of the justice system in B.C. Supreme Court in Penticton on Aug. 26.
Hargreaves was in custody for an alleged robbery at the Okanagan Correctional Centre where multiple calls were recorded between July 13 and Aug. 15, 2019.
The calls were made from the South Okanagan prison to his then-girlfriend and a male witness related to the alleged robbery. Hargreaves was recorded directly threatening the male witness twice, and indirectly threatening the witness through his then-girlfriend over multiple calls.
“These threats involved telling (the witness) it was another individual who performed a robbery — that was what brought Mr. Hargreaves into custody. Mr. Hargreaves then told (the witness) to retract a statement,” said Crown counsel Ann Lerchs during sentencing submissions Wednesday.
Hargreaves told his then-girlfriend that if the witness did not retract his statement to police then he would be “f—ing dead,” and in another instance said if the witness did not change his statement then he would “send someone over.”
Crown and defence counsel James Pennington put forward a joint submission of eight months of jail time Wednesday, which Hargreaves has already served with enhanced pre-trial custody credit. Sentences for intimidation of the justice system usually range from six to 18 months jail time, Crown said.
“There was no doubt Mr. Hargreaves uttered the words he’s alleged to have done,” Pennington said. “It was clear. It was on tape.”
Crown said despite the audio recordings there were many frailties in the case, including “challenging” witnesses, which led to the joint submission — commonly referred to as a plea deal.
The Crown dropped six charges on the seven-count indictment suggesting a sentence of time served plus 18 months of probation. The robbery charges Hargreaves was in custody on have since been stayed by the Crown, and the Times-Chronicle has chosen not to name the witness.
“This was a case which stemmed from another investigation in which suddenly Mr. Hargreaves was the only person who ended up in custody and his associates all decided to point the finger at him,” Pennington said, adding the male witness Hargreaves had threatened made multiple differing statements to police.
“In my submission, it’s understandable why Mr. Hargreaves would feel frustrated and betrayed and he let his emotions get the better of him and said the words that he did. Notwithstanding all of that it would have been a long and difficult trial for all parties,” Pennington said.
Hargreaves was released on April 7 to strict house arrest in Prince George, where he currently resides, after suffering from a heart condition while in custody at OCC.
“Ever since I got released I’ve stayed clean, I’ve changed my life, I’ve got full employment now and I’m just trying to stay alive,” Hargreaves told the court over the phone prior to his sentence being handed down Wednesday.
Justice Murray Blok noted that allowing Hargreaves to appear for a sentencing hearing via telephone from Prince George was a “considerable indulgence” by the courts — most sentencing hearings in B.C. Supreme Court require in-person attendance.
“It is highly unusual, I’ve never done it before. I did recognize the unusual circumstances of this case. In recognition of that I’ve allowed it, but it is a considerable indulgence,” Blok said, prior to handing down the sentence Wednesday, which included court orders not to contact the witness or his ex-girlfriend.
Hargreaves has over 30 convictions on his criminal record, which Blok called “woeful,” including a dated conviction for a robbery, a 2011 conviction for possessing a firearm, a 2014 conviction for theft under $5,000 and a 2016 conviction for possession of stolen property.
“Despite Mr. Hargreaves unenviable criminal record, the proposed sentence does not bring the administration of justice into disrepute,” Blok said.
