Summary
A 47-year-old diesel mechanic was denied CAC eligibility under Guideline J (Criminal Conduct) due to a long history of criminal behavior, primarily involving violence and alcohol abuse. This history included five arrests since 2009. In June 2009, he was arrested for assault, convicted, and sentenced to one year probation with an order to complete anger management. In July 2010, he was arrested for fighting, convicted, placed on probation for one year, and required to attend anger management and individual counseling for alcohol abuse.
Further incidents included a July 2011 arrest for domestic battery while intoxicated, and a December 2011 arrest for battery which he does not recall. In March 2015, he was arrested for domestic battery after an intoxicated altercation with his spouse, though this charge was not prosecuted. The applicant admits alcohol was a contributing factor in all five violent incidents.
Despite self-diagnosing an alcohol addiction and abstaining from alcohol since a 2016 heart attack and 2017 liver failure diagnosis, and his spouse's letter of support noting changes in their home, the judge found insufficient evidence of mitigation. The applicant did not provide medical or counseling records to demonstrate the extent or efficacy of past or current treatment, or a future prognosis. The judge concluded that insufficient time had passed since his last incident and since abstaining from alcohol to determine that the behavior would not recur, leading to the denial of CAC eligibility.
Why the applicant was denied
- The applicant has a long history of criminal conduct, including violence and alcohol abuse.
- Insufficient time has passed since the applicant's last incident and since abstaining from alcohol to determine that the behavior will not recur.
- The applicant did not provide medical or counseling records to demonstrate effective rehabilitation.
Conditions referenced
- SAS ¶ 2.b (2)raisedCriminal Conduct Relating to Safety of People and Property
- SAS ¶ 2.b (5)raisedActions Involving Violence or Sexual Behavior of a Criminal Nature
Key rule quoted
“A CAC will not be issued to a person if there is a reasonable basis to believe, based on the individual’s criminal or dishonest conduct, that issuance of a CAC poses an unacceptable risk.”
Procedural posture
- SOR issuedJun 3, 2016
- Answer filedJul 29, 2016
- Hearing heldMar 13, 2018Rescheduled due to applicant's request.
- Decision dateOct 29, 2018
Cite for
- Denial of CAC Eligibility Due to a History of Criminal Conduct Under Guideline J
- Insufficient Evidence of Rehabilitation Despite Personal Circumstances
- Consideration of the Totality of Incidents in Assessing Unacceptable Risk