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Spitting
Boy faces litter fine
after spitting incident involving guard
Darren Bernhardt,
The StarPhoenix, January 13, 2004
A 14-year-old boy who was allegedly
spat on and berated by a Saskatchewan Penitentiary guard on a
Prince Albert street is facing a $100-$150 litter charge in court
this week for tossing a soft drink cup at the guard's car.
"We've been trying to
teach him respect for authority and the law and that the police
are the good guys -- the ones you turn to when you're in trouble.
But this incident has helped to destroy a lot of that teaching,"
said Judy Hlewka, the grandmother of the teen, Tyler.
Hlewka and her husband, Cliff,
are Tyler's primary caregivers while his mother teaches school
on a First Nations reserve during the week. He was the passenger
in a truck driven by Hlewka in October when the guard pulled
alongside and unleashed a profanity-laced tirade, then leaned
out his window and let go a gob of phlegm from his mouth, according
to Hlewka. It splashed against Tyler's shirt, which the family
threw in the garbage when they got home.
A month later an RCMP officer
showed up at the family business and charged Tyler with a summary
offence for littering. He is scheduled to be in Prince Albert
provincial court on Friday.
Penitentiary spokesperson Trent
Mitchell said the guard may have faced internal discipline but
that was information he could not share with the public.
"We have standards of
professional conduct that officers are supposed to abide by while
in uniform because there is a certain expectation and public
image we must uphold. Whenever there are accusations made against
staff members, the institution takes it seriously and we follow
up with internal investigations."
The case of the spitter and
the litter "all started so innocently," said Hlewka.
She picked Tyler up from school
and went into the drive-through of a local fast food restaurant
they often attended. Hlewka knew the people working and was goaded
into revving the engine on her truck when the employee learned
it had a Corvette engine.
A man in a vehicle behind them
started hollering, according to Hlewka.
"He says, 'You're damaging
the paint on my car.' Then he let out a string of profanities
and I thought, 'Holy lick, what brought that on?' "
Hlewka got her food and left
but shortly after the man caught up with them and pulled "really
close" beside the truck. When he leaned out to spit, Hlewka
saw the Saskatchewan Penitentiary badge on the shoulder of his
shirt.
The man then sped off but on
the way home Hlewka and Tyler saw him again near the edge of
town. As they got nearer, the guard raised his hand and offered
up his middle finger.
"That's when Tyler reacted
by throwing his drink at him," said Hlewka, who believes
Tyler's cup hit the guard's car.
The Hlewka family made an assault
complaint to the Prince Albert police, but, the constable on
duty told the family to forget about it and call it "a draw."
"He said that if Tyler
hadn't thrown the drink, they could have charged the guard,"
Hlewka recalled.
She then called penitentiary's
deputy assistant warden, Jason Hope, who promised to look into
it if she sent the statement. "I waited two or three days
and didn't hear anything. Everytime I phoned back, he refused
to talk to me about it," said Hlewka.
Mitchell said that is likely
due to the privacy issues involved with employees. Hope may not
have called back because he couldn't say anything at all.
Exasperated, Hlewka went back
to the city police, recounted the entire story to another officer
and expressed a desire to lay an assault charge. A few days later
the officer called back to explain the guard's side of the incident
and that no charges would be laid. According to the guard, he
was choking on his burger and coughing, which is why something
came out of his mouth and landed on Tyler.
© The StarPhoenix (Saskatoon) 2005
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