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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Comments

  • Harold McNeill

    April 14, 2020 |

    Hi Rick,
    Great to hear from you and trust all is going well. Our family members are all doing well but it must be pretty tough for a lot of people. I had once heard you were going to do some writing but never heard anything further. I would be most interested, but do you think the OB News have archives back to that time. Any link or information you could provide would be greatly appreciated. Did you keep copies? Regards, Harold

  • Rick Gonder

    April 14, 2020 |

    Hi Harold
    About 22 years ago I spent several weeks going through the OBPD archives. I wrote several stories that were published in the OB News. Feel free to use if they are of value to what you are doing.
    Keep this up, I’m enjoying it and it brings back memories.

  • Harold McNeill

    April 12, 2020 |

    Hi Susan,

    Glad you had a chance to read. I decided to update these stories by proofreading as there were several grammatical errors in many. Hopefully, many of those glaring errors have been removed.

    Many of the stories carry a considerable amount of social comment regarding the way the criminal justice system is selectively applied. Next up involves a young woman from near Cold Lake, Alberta, who was abducted by an older male from Edmonton. Her story is the story of hundreds of young men and woman who have found themselves alone and without help when being prayed upon unscrupulous predators.

    Cheers, Harold

  • Susan

    April 8, 2020 |

    Great read, Harold!…and really not surprising, sad as that may sound.
    Keep the stories coming, it is fascinating to hear them.
    Love from us out here in the “sticks”, and stay safe from this unknown predator called Covid.

  • Harold McNeill

    February 17, 2020 |

    Update:  Times Colonist, February 16, 2020, articles by Louise Dickson, She got her gun back, then she killed herself,” and,  Mounties decision to return gun to PTSD victim haunts her brother. 

    Summary: I don’t know how many read the above articles, but they contained the tragic details about young woman, Krista Carle’, who took her own life after suffering for years with PTSD. While tragedies such as this play out across Canada every week, the reason this story resonates so profoundly is that the final, tragic, conclusion took place here in Victoria. Continued in the article.

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    […] Part I, Police solidarity and the push for amalgamation. Part II, Comparing police cultures and implementing change Part III, The past as a guide to the future Part IV The integration of police services […]

  • Harold McNeill

    February 15, 2020 |

    Testing the comments section after changes made. Updated: February 10, 2020

    Further to the update below (February 1, 2020), I note that since the government announced a “No-Fault” insurance plan for BC, Robert Mulligan is taking a slightly different tack, suggesting that no-fault will only increase the problems by taking away the right of an injured party to sue.

    I’ve copied just one sentence from Mulligan’s longer discussion, “And I think people don’t like the idea that somebody who’s, for example, was drunk and ran into you and you become a quadriplegic is going to be treated exactly the same way you would in terms of getting benefits (go to minute 00:15:26 to see his full comment)

    Statements like this appear to be simple fear-mongering. As was the case in the past, people who commit criminal offences, as well as other forms of negligence while driving, may well lose their insurance coverage and in all likelihood would be sued by ICBC to recover costs of the claim. (Link here to Mulligan’s full conversation on CFAX radio)

  • McNeill Life Stories Index to Police Notebook - McNeill Life Stories

    January 5, 2020 |

    […] 28. The past as a guide to the future (Part III): Over the past 60 years, many activities the police once performed as a natural part of their daily duty, eventually became incompatible with achieving their basic goals. What happened? (August 2019) […]

  • McNeill Life Stories Why I stand with science? - McNeill Life Stories

    November 11, 2019 |

    […] During the Ice Age, the Earth’s average temperature was about 12 degrees Fahrenheit colder than it is today. That was enough to keep snow from melting during the summers in northern regions. As snow fell on the snow, glaciers formed. (NASA Earth Observatory) […]

  • McNeill Life Stories How to Game an Election - McNeill Life Stories

    September 18, 2019 |

    […] The Federal Conservatives and Seymour Riding Association complied but one day later those memes will be shared by every third party social media site and by thousands of supporters where the message will be taken as a statements of the fact.  Five years from now those memes will still be circulating. (Link here to background on the SNC Lavalin matter) […]