Philip Wayne Pynn will stay behind bars for longer than expected.
The 32-year-old — convicted in the 2011 shooting death of his friend — is supposed to be freed from a federal prison in four days, but he’s been ordered to stay behind bars for at least another few weeks due to recent charges of assault with a weapon and assaulting a peace officer.
When his case was called again Wednesday in provincial court at New Brunswick provincial court for what was listed as a bail hearing, a judge ordered that Pynn be remanded into custody until Aug. 9.
Details regarding the recent charges were not available from the court.
Pynn’s statutory release from federal prison is scheduled for Tuesday, when he will have served two-thirds of his federal sentence, according to the Atlantic regional office of the National Parole Board.
Pynn, originally charged with second-degree murder, was convicted of manslaughter for accidentally shooting Nick Winsor in a garage on Portugal Cove Road in July 2011 and was sentenced to an 8 ½-year prison term in February 2016 following a lengthy trial at Newfoundland Supreme Court. Credit given for time already spent in custody left about four years on his term.
Another 14 months was added to his jail time after he was convicted for his involvement in a 2014 prison riot at Her Majesty’s Penitentiary.
Pynn pleaded guilty to taking part in a riot and assault causing bodily harm. He was one of several inmates who attacked Kenny Green on Feb. 9, 2014, in the prison’s chapel.
When Pynn is eventually given statutory release, he’ll be subject to several strict conditions in the community until April 19, 2020.
Those conditions will be even more stringent as a result of a recent decision made by the parole board on July 13 to restrict Pynn’s privileges.
The board ruled that when Pynn gets statutory release, he will have no leave privileges. It ruled that he must return every night to the facility where he is staying.
Pynn must also abstain from alcohol and drugs, avoid any contact with the victims and their families, as well as people believed to be involved with criminal activity. He must reside at a community correctional centre or community residential facility or another residential facility approved by the Correctional Service of Canada (CSC).
In its written decision obtained by The Telegram, the board used strong words to describe Pynn's lack of progress in changing his ways. It noted the conditions will be imposed to protect the community, as Pynn would be a high risk to reoffend without them.
Pynn has 66 convictions for breaching court orders, has served 11 provincial prison terms from May 2004 to May 2011 and incurred 97 charges while being incarcerated during that time. Since being jailed in July 2011, he's incurred an additional 48 institutional charges, including failing drug testing, assaulting an inmate, fighting, vandalism and possessing contraband.
The board said Pynn has continued to demonstrate a commitment to maintaining a pro-criminal social network and has engaged in violent behaviour while behind bars, both at provincial and federal prisons.
"CSC has also identified him as a founding member of a prison gang," the board said about Pynn, who reportedly founded the St. John's Mob Squad at Her Majesty's Penitentiary.
"The board considers that you have shown a propensity for violence indiscriminately against different individuals, in different forms and in a variety of contexts," the report stated. "The board notes your blatant disregard for others and you are not deterred while incarcerated."
It said Pynn's violence is linked to his attitude and associates.
"The board views you as an individual who strictly adheres to a pro-criminal way of life," the board wrote, noting his substance abuse further exacerbates his violence. "Your values and lifestyle are deeply entrenched and you maintain associates with similar values."
The board's concerns about his behaviour while in prison resulted in a placement to a higher security, yet, "you've returned to your offence cycle despite being in a controlled environment with supports available."
It pointed out that while Pynn has completed programming and is motivated to make necessary changes, his efforts haven't demonstrated that.
"The board believes you still have a propensity for violence," it wrote.
Until Pynn shows he is able to abide by rules and conditions, he will be closely monitored and supervised, the board said.
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