The Scratch and Lose Caper

Written by Harold McNeill on March 12th, 2017. Posted in Police Notebook, Tim Hortons Morning Posts


lottery-tickets_0

How to scratch open a jail cell.

At 2:00 am Sunday, or at that time any other day of the week, Greater Victoria was known as the land of “Newlyweds, Nearly Deads.” As traffic thinned during those early morning hours, the hum of the tires on a car traveling at high speed could be heard for miles. On this morning, the hum was that of an early 1960’s Oldsmobile, a machine having witnessed better days, as it sped East along Pandora, then onto Oak Bay Avenue.

The four young men inside were still hooting and hollering after partying late in one of the downtown clubs. They were now heading home to Gordon Head but having missed the Fort Street cut-off that would have taken them to Foul Bay Road then north, continued East along Oak Bay Ave. All had been drinking heavily and had no particular purpose in mind other than getting home to continue the party.IMG_0975

As they approached Foul Bay Road someone hollered: “Hey man, ya gotta turn here!” However, speed and distance would soon become limiting factors given the tank in which they were riding. The driver, his sense dulled by alcohol, braked heavily then cranked the wheel hard left. As momentum and weight took over, the tires broke away in a wide yaw that led first to the sidewalk, then to West wall of Frost’s corner store.

Photo (web) A 1960’s style Oldsmobile, 4-door.

The crash was no doubt heard for several blocks as the car sliced through the stucco covered wood framed wall, then entered the store taking down book and grocery store shelves as if made of balsa. The heavy grill and steel frame of the Old’s was a first class battering ram that protected the occupants even as the fenders and hood crumpled. The shatterproof windshield and passenger side door glass blew into a thousand pieces.

A swoosh of dust from the stucco, insulation and plastered walls covered the occupants as bits magazine, other dry goods, broken confection bags, and packages, settled to the floor. The men, who suffered not a scratch, began to laugh as they gave the driver shit: “what the hell is ya doing man, trying to kill us? The owner, who wasn’t driving because he was too drunk, exclaimed, “WTF have you done to my car?”

They all laughed and, while still parked fully inside the store, piled out to have a better look. After dusting themselves off, one man started to munch on a bag of chips while another stuffed a few candy bars in his pocket. Two others, standing by the main counter called the others and pointed to the dozens of Scratch and Win tickets and pull-tabs. They all started to stuff them in every available pocket.

Three or four minutes later, having come to the realization the police might be on the way, the quartet jumped in the car, reversed direction and with the deep-throated sound of that massive V8 and the squeal of bald tires, sped North on Foul Bay Road. For several blocks, cartons, boards, plaster and sundry bits of debris laying on the car, began falling away. Less than ten minutes they reached the safety of home and parked in the back yard least some neighbour might wonder what happened.

Back on Oak Bay Avenue, even given the crash was likely heard for several blocks, not one call alerted police. It was not until a passing motorist noticed that giant hole some half hour later, a call was made. Within five minutes Constables McLean and McNeill arrived at the scene, and while McNeill checked the store, McLean followed debris trail north on Foul Bay Road as far as Lansdowne where it petered out. McLean broadcast an APB for a badly beat-up vehicle.

Mrs. Frost, owner of the store, after being contacted by the office arrived to assess the damage and make arrangements to secure the building. It did not take her long to discover most of the Scratch and Win tickets, as well as pull tabs, estimated at well over two hundred, were missing. Mrs. Frost had had a few break-ins over the years, and while she never became to fussed, the damage this time was well beyond the Frosts Corner Storenorm.

While rooting around for bit’s and pieces that might help to identify the make, year, colour and perhaps model of the car, one piece of evidence, found under a broken shelf, answered all these questions and more — a crumpled up B.C. licence plate.

Five minutes later the office came up with the answers to all the questions as well as the last registered address of the owner. Saanich Police was asked to quietly swing by the Gordon Head residence to see if there was any sign of the Oldsmobile.

Fifteen minutes later they advised a badly damaged Olds was sitting in the background and lights were on in the house. When they made a closer inspection of the house, they could see four young men sitting at a kitchen table drinking beer while pulling tabs and scratching tickets. They group were hooting and hollering each time they picked a winner and through it in the ‘winning pile.’ It seemed likely they would be well occupied for the next couple of hours. The Saanich officers advised they would keep watch on the house and occupants.

You Scratch, Police Win

At the Oak Bay office, while McLean was rooting up a Justice of the Peace, McNeill typed up an Information to Obtain a Search Warrant for the Gordon Head residence. Just over an hour later, McLean and McNeill met the Saanich officers and after knocking, made entry. While the occupants were in a jovial mood, that quickly changed upon being faced down by four police officers and that pile of Scratch and Win tickets sitting on the kitchen table between them.  All were arrested and transported back to the Oak Bay Office. quickly admitted having been at the scene and crashing into the store as well stealing various items including the Scratch and Win tickets.

All the men quickly admitted having been at the scene and crashing into the store and, as well, with helping themselves to several bags of goodies and the Scratch and Win tickets. Strangely, determining what charges might be laid was not as simple as one might expect.

Theft, was still divided between Under and Over $500, and while the value of the goods (chips, etc.) were well under the limit, the Scratch and Wins posed a different problem. Before being scratched the tickets had no value other than the cost of printing and distribution (just pieces of paper), but after being scratched, they could rapidly gain in value particularly if one happened to be a grand winner. While the four had peeked inside more than 150 tickets, a quick count suggested they had turned up less than a couple of hundred dollars in winnings. The question, could something only gain a value after being stolen, when before it had no value?  Also, as there was no intent to commit the criminal offence of Break and Enter, that was off the table.

None of the young men had criminal records and the driver no record of Motor Vehicle Act infractions. We photographed, and finger-printed each, but opted to wait until Monday to check with Crown as to what might be the options within the Criminal Code.  A charge of Impaired Driving was not possible as too much time had elapsed between the time of the accident and the arrest.

At the station, the driver was charged with Careless Driving under the MV Act. A charge of Fail to Remain at the scene of an accident was not an option as no one was injured and identity of the suspect vehicle and owner was accidently left behind (the Licence Plate)

Final decision:

Each of the four was charged with one count of Theft/Under (a summary conviction offence). I don’t remember the outcome, but it seems likely probation might well have followed any guilty plea.

It was an interesting interlude that helped to fill in the hours of early-morning on patrol.

Harold McNeill

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  • Maurice Smook

    August 13, 2016 |

    Hi Jillian,

    I don’t know if you are still checking this site but I had to respond again. February of 2017 it will be 72 years since this battle occurred.

    What caught my attention about this incident was on the Go Deep Documentary that aired on the History Channel. First of all I never known that this battle having ever occurred.

    According to my grade 3 teacher WW2 had never occurred. That grade 3 teacher stated that the WW2 and the holocaust was all propaganda. All of my classmates they believed her. I hate to say this but all I knew was that soldiers shooting at each other.

    I almost was expelled from school. My

    Mom my Dad my brother and my Uncle would have been arrested for propaganda. I paid the price. It was ironic a grade 5 teacher told me that Smooks are all commies. Dad was Conservative.

    All the Smooks that I known are all Conservative. If I had the money I would have loved to sue those two teachers.

    As I said I never heard of this Battle. If it were not for that program I would have never had known.

    I started to do more researching to find out more about the history of this battle. The narrator of Go Deep mentioned the names of the pilots who died that battle.

    I missed 20 minutes of that program but the camera crew had the camera’s pointed towards the sign with the names of the deceits. That is how I known.

    According to the narrator There are three who are still missing. W.J. Jackson, Harry Smook and A. Duckworth. A couple of months ago the staff of Go Deep have located Harry and A. Duckworths aircraft. This is on you tube. Harry and A. Duckworth craft is approx 650 feet deep in the Fjord. The individual who is heading this expansionary mission made it known he will not rest until all three of the missing pilots
    will be retrieved. I am sure that A. Duckworth’s kin are hoping for the same.

    What really puzzles me is that I have sent emails to the Smooks. Not one ever replying. I presume its the same with you. Sad. Dad rarely spoke about his family. It appears there is a big secret of the Smooks. I too assume Harry is a kin to my Dad. Harry maybe a 4th 5th cousin to my Dad. I too would like to know. Harry and A. Duckworth served and died for our country. The other is W.j. Jackson – who is also still missing – having died for our Country.

    In conclusion I still ask myself why is this a huge secret.

    If you are still checking this site please contact me. Maybe we may be kin.

    Take care.

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  • Valerie Heuman (Roddick)

    June 19, 2016 |

    Having just returned to the Okanagan Valley from a weekend in Pibroch, I am delighted to have stumbled on your blog to see the picture of the main street. My aunt and uncle Peggy & Gordon McGillvery owned and lived in the old Post Office on the North east corner of the main intersection and my brother Adrian currently lives south a bit backing on the School yard. We are Sheila’s cousins and still have a close connection to the town.

  • Sheila(Roddick) Allison

    May 19, 2016 |

    Hi. So fun to find your blog. I remember going to school with you and Louise. I loved my childhood in Pibroch which incidentally was named by my grandfather Aaron Roddick. I will never forget the night the garage burned down. Nice to see the landmark photo before the big fire!

  • George Dahl

    April 12, 2016 |

    What a great site. I’m trying to locate a woman named Sally Jennifer who was from the Cold Lake area back in the early sixties. I met her when I was stationed at Namao air base in Edmonton. I was serving with the USAF 3955 air refueling squadron from rhe fall 1963 till the spring of 64. Sally was 22 at the time I was 21. Sally was my first love. I had orders to ship out to South East Asia and we lost contact after that.
    If any of you know the where abouts of Sally I would like to get reacquainted with her. She is First Nation, Blackfoot I believe. She is Catholic and may have attended a Catholic school in Cold Lake.
    Thank You in advance, George Dahl

  • dave armit

    March 23, 2016 |

    good old fashioned police work done by good old fashioned policemen……….in regards to mr cain..i learned a few years ago that he was born on the same day in the same hospital that i was..my father was a close friend of the cain family…!!! interesting..d a

  • Joyce McMenamon

    March 1, 2016 |

    Haha, love it! We should probably eat rats and rabbits rather than beef. Also I’ve noticed that there are a lot less pests where dogs are not kept on leashes.

  • Kari

    February 27, 2016 |

    Thanks for a wonderful trip down memory lane Dad!!! That was an amazing trip and I am so glad that we had the opportunity to share that experience together!
    ❤️