Jason Earle is back in custody after failing to show up for his sentencing in Newfoundland and Labrador Supreme Court earlier this month.
Earle, 25, was arrested without incident, police say, at a home in the centre of St. John’s around lunchtime on Christmas Eve.
Earle had been in jail for three months when he pleaded guilty and was convicted two weeks ago on charges related to a standoff on Kennedy Road in St. John’s last September. Crown and defence lawyers submitted a joint sentencing suggestion of time served, given the 141 days credit Earle had earned in pre-trial custody, to which Judge Jacqueline Brazil agreed. The Crown noted Earle wouldn’t be getting released from jail, however, since he was due to be sentenced on other charges five days later.
Those charges stem from a more serious standoff at a home on Barachois Street two years ago. For that one, Earle had been convicted of firearms charges as well as uttering threats and assaulting a police officer, and was looking at more jail time: the Crown had argued for a four-year sentence, while Earle’s lawyer had argued for one-year term. Justice Vikas Khaladkar was scheduled to deliver his decision Dec. 18.
After his first sentencing Earle returned to HMP to await the second one but was unexpectedly released the next day. Members of his family spoke with The Telegram, expressing outrage that the prison released him given his mental health issues, and Earle himself said he didn’t think he should have been released.
Don Roche, the province’s superintendent of prisons, said correctional authorities had no legal right to keep Earle in custody since there was no documentation saying he had been ordered to stay there. Staff verified this with a judge before releasing Earle, Roche said.
When the time for his second sentencing came, Earle didn’t show up and a warrant was issued for his arrest. He’s now facing a new charge of failing to appear in court.
Earle has agreed to stay in custody until his next appearance before a judge on Jan. 4.
