In a “difficult” decision for a B.C. provincial court judge, a Wednesday hearing narrowly resulted in the discharge of a Yukon man who turned aggressive toward Revelstoke police recording his licence plate and violently resisted arrest before fleeing.
Jorge Luis Santos Castillo appeared virtually at Revelstoke’s provincial courthouse Feb. 4, facing four charges, including resistance and obstruction of police, two counts of assault against police, and dangerous operation of a vehicle.
Evading a jail sentence that Crown counsel was pushing for, Santos Castillo left with conditional discharge, two years’ probation and special terms for performing community service, seeking counselling and paying a higher victim surcharge.
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The 42-year-old, originally from Tampico, Mexico, but living across Canada in Ontario, Alberta and now the Yukon for more than 20 years, was approached by Revelstoke RCMP around 2 a.m. Nov. 8, 2024, somewhere along Second Street.
A police constable had noticed Santos Castillo driving strangely and pulled up near his Ford F-350 to record the licence plate number. Crown counsel said Santos Castillo, agitated by how close the vehicle got, reportedly flipped the constable off as they parted ways, then followed behind the police cruiser in an aggressive tailgate, their bumpers sometimes mere inches apart.
The constable called backup. The two police cruisers activated their emergency lights, and the two constables attempted to arrest Santos Castillo for obstruction. But after they reached into his truck and unlocked the vehicle door, a struggle ensued as Santos Castillo resisted their entry. He shattered one of his own windows while trying to keep the door shut and got physically violent with both constables.
“One of them was kicked, the other was struck,” Crown prosecutor Jason McNiven told Justice George Leven on Wednesday.
The constables used multiple Tasers on Santos Castillo, which McNiven said proved “ineffective” because he “actually put the vehicle back in drive and took off, leaving the officers.” These events were recorded by the WatchGuard cameras in the constables’ vehicles.
Santos Castillo admitted himself to the Queen Victoria Hospital for injuries — the defence said the Tasers had still taken effect – where Revelstoke RCMP located him, arrived with more officers, and ultimately got him to comply with arrest.
He had originally opted to plead not guilty and was slated for trial, McNiven told Black Press Media, but changed his mind before the trial date to deliver a guilty plea Wednesday on all counts.
Amid the plea, McNiven argued it would be “justified” for Santos Castillo to serve a community jail sentence with probation, given his resistance to police and subsequent fleeing from the scene.
“This was a prolonged encounter right from the outset,” McNiven said. “The flight itself is aggravating as well.”
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Defence lawyer Daniel McNamee agreed that Santos Castillo had obstructed police, but said he’s shown “genuine remorse,” including by being compliant with police at the hospital.
The incident may have been prolonged, McNamee also agreed, but elapsed “over a brief period of time” and due to a single mistake Santos Castillo made: believing the constables “had been violating driving regulations” and were at fault. Santos Castillo might have initially mistaken the constable pulling up close to his truck as an erratic driver, rather than a police officer performing his job, the defence explained.
But “it’s not his job to confront police on what he believes … of their actions,” McNiven countered.
“A jail sentence is appropriate,” he said. “It would be in the public interest.”
Santos Castillo had no criminal record or prior convictions, according to McNamee. He’s had permanent resident status in Canada since 2016, and as he now looks to apply for citizenship, McNamee argued a jail sentence and criminal record could impact his application. It could also impact his ability to eventually reunite with his estranged daughter in the U.S., the defence said.
Rather than jail time, McNamee proposed a conditional discharge for Santos Castillo with community service and counselling attached. The defence also offered to increase Santos Castillo’s victim surcharge fee from the initial $500.
Plowing snow for a living near the Alaskan border, Santos Castillo told Justice Leven during his virtual appearance Wednesday that he recognizes from working with first responders that their jobs are stressful and prioritize safety.
“He seems to have gained some insight on how to interact with police,” Justice Leven said. “A mistake of law is not an excuse, but it is a mitigating factor in sentencing.”
Santos Castillo also apologized for his actions, describing the incident as out of character. To further demonstrate this, McNamee provided six different letters from Santos Castillo’s friends and family that spoke highly of him, even after they were made aware of the incident.
“That’s a surprising amount of support,” McNamee said, giving Justice Leven the letters for review.
Though Santos Castillo initially thought he was justified in tailgating the constable, “he accepts that that was a mistaken view,” Justice Leven said, deeming the incident an act of “road rage.”
He added that “police authority must be protected and respected,” and noted that this incident “could have turned out a lot worse.”
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Deciding the ruling for Santos Castillo became challenging for Justice Leven.
“This is a difficult case,” he said. “The more difficult question in these circumstances is whether granting the conditional discharge would be in the public interest.”
Moreover, “the police should know that the courts support them in the difficult job they have,” Justice Leven said. “By behaving this way toward peace officers, (Santos Castillo)’s taken away from the community.”
On the basis that he should give back to the community to make up for his actions, Justice Level granted Santos Castillo conditional discharge with two years’ probation. Included terms are 50 hours of community service, mandatory counselling and an increased victim surcharge fine of $750.
Santos Castillo must pay the fine by July 1, and will continue to have no criminal record if he abides by his discharge terms.