Jail term probably saved man’s life

A Moncton man’s desire to have a drink may have saved his life. With temperatures hovering well below zero, a judge’s decision to lock up a repeat offender could be the warmest news this homeless man has heard all winter.

Bernard Patrick Gallant, 58, of no fixed address, pleaded guilty in a Moncton courthouse last week, after attempting to steal a bottle of vodka from an NB Liquor store.

It's not pretty, but warmer than a park bench. (Photo from the Internet).

Gallant was charged with theft not exceeding $5,000 and causing a disturbance, after the manager of the store followed him into the parking lot where he refused to open his jacket.

“Weren’t you here last Friday for disturbing the peace?” Judge Irwin Lampert asked. “Do you even have a place to live at this point?”

Police responded to a call from the NB Liquor store, claiming the man put a bottle of vodka in his coat and walked out.

When the manager approached him, he walked toward the door and ran into the parking lot. Gallant was drunk and stumbling and was held in the parking lot until police arrived.

Gallant was arrested on site and taken to the detention centre where he spent the night. The defense lawyer told the court his client has had a long standing problem with alcohol and is currently unemployed and homeless. He also told the court his client has been to treatment many times, but  falls back into old habits.

“He’s been trying for a long time,” the Crown said. “But he seems to end up back in this courtroom.”

Gallant is often seen asking for change outside the scene of the crime. (Photo by Jason Murray.)

Gallant has a long history of vagrancy, disturbing the peace, and being drunk in public. He has been battling addiction and mental health problems and has been homeless for many years. When asked if he remembers committing the crime, he looked up from the floor.

“I’m guilty your honour,” Gallant said. “Please put me away long enough so I can survive this winter.”

He asked why Gallant could not find suitable housing or get help from addiction services. He asked the Crown how many times they’ve seen  Gallant in the past year. The question was rhetorical.

Lampert commented on the tragedy of putting people behind bars to save their lives.

“It’s a sad commentary when you’re helping people in our society by putting them in jail,” Lampert said. “I’m going to put you away for the winter, Mr. Gallant, because of your past record.”

The courtroom was full and whispers could be heard from the gallery. Gallant looked ragged and unshaven with long hair. He had on what appeared to be a new winter jacket and his boot laces were untied.

Lampert paused for a few moments and looked around the courtroom. He looked at Gallant and asked,

“Do you have anything else to say?”

The price of surviving the winter. (Photo by Jason Murray.)

Gallant looked at his feet and shook his head.

“I can’t do this anymore, your honour,” Gallant said. “I need help.”

Lampert sentenced Gallant to 60 days in jail. He told him to get better and stay out of trouble. As the sheriff took Gallant’s arm and walked him out of the prisoner’s box, the judge said,

“Good Luck.”

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Posted by Jason Murray on Feb 19, 2010. Filed under News, This Week's Edition. You can follow any responses to this entry through the RSS 2.0. Both comments and pings are currently closed.