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Paint not dry on tagger case
Charge. Upgraded
Judge to decide on cancelling community-based sentence Dustin Fenby could spend next 10 months in jail JAMES TURNER
@METRONEWS.CA
“Mr. Fenby’s evidence is not credible.” CROWN ATTORNEY SUSAN HELENCHILDE
A 17-year-old girl accused of the vehicle-related death of Marcel Murdock after a massive melee on Garfield Street North last weekend has been re-arrested and charged with first-degree murder following a Crown review of the file. Story, page 4. JAMES TURNER/METRO
Teen faces most serious charge
A man once known as one of Winnipeg’s most prolific graffiti taggers is facing the prospect that a major break allowing him to remain free could be wiped away. Manitoba Justice is seeking to terminate the house arrest sentence handed to Dustin Fenby, 24, last October after he pleaded guilty to more than 70 mischief charges relating to thousands of dollars in damage that his graffiti caused. Provincial court Judge Lynn Stannard is weighing Fenby’s fate after a hearing yesterday to determine whether the remainder of his 20-month conditional sentence will be cancelled. Stannard is the same judge who approved a deal to let him serve his jail time in the com-
munity. Fenby was re-arrested on suspicion he breached several mandatory conditions, broke curfew on two occasions, failed to show up to a victim-empathy group and didn’t complete his community service work in time. Fenby was a prime target in a novel 2008 sting operation conducted by Winnipeg police to crack down on vandalism in the Osborne Village and Corydon Avenue areas. Police used surveillance and other sophisticated tactics usually reserved for high-level drug cases to net a number of suspects in the months-long probe. He is also facing domestic-vio-
lence-related charges and is facing trial in November. Fenby’s former common-law wife — and mother of his infant son — was called to testify for the Crown at yesterday’s termination hearing. The woman told court of a number of alarming incidents involving Fenby, including one where he allegedly tried to suffocate her with a blanket during an argument. “I was having trouble breathing, I have panic attacks,” she testified. Fenby also testified. He denied any wrongdoing and in some cases said the woman was the instigator of the disputes. “She’s not a vindictive person,” said Crown attorney Susan Helenchilde. “She came here and told the truth.”
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