Pubdate: Wed, 13 Oct 1999
Source: Chatham This Week
Copyright: 1999 Bowes Publishers Limited
Contact:  (519) 351-7774
Mail: 930 Richmond St., Chatham, Ont. N7M 5J5
Website: http://www.bowesnet.com/ctw/
Author: Simon Crouch

COP WHO 'MADE A MESS OF THINGS' SENTENCED TO 18-MONTH TERM

A former OPP officer who said he "made a terrible mess of things" was
sentenced to 18 months in jail, three years of probation and banned from
ever owning firearms or other weapons in a Chatham court room Oct. 8.

David Balakowski, 35, last month pleaded guilty to 14 charges including
uttering forged documents, assault, uttering death threats, carrying a
concealed weapon and careless use of firearms. Balakowski, who had spent
four years as a police officer and is a veteran of the armed forces, was
suspended by the OPP when the first charges were laid against him last year.

He resigned from the force when he pleaded guilty. Defense lawyer Donald
Tait portrayed the case as a fall from grace, his client as an exemplary
police officer who fell into drug abuse, and became addicted to crack
cocaine after a marital break-up.

"It's really a tragedy," Tait said. "If all of these things hadn't happened
to him he would have gone very high in the OPP."

Judge Terry Patterson said he had some misgivings about accepting the joint
submission for sentencing from Tait and Crown Attorney John Hanbidge, but
took into consideration Balakowski's guilty plea and the fact he has been
held in custody since July. Otherwise Patterson said "I would have been
inclined to impose a penitentiary term."

In a statement of facts agreed to by both the crown and defense, Hanbidge
said Balakowski had been charged with possession of stolen property a year
ago after police discovered a back-hoe that was missing from an Ottawa
construction site. He said there was no evidence that Balakowski stole the
back-hoe, but that "he used it for his own purposes, and for pay."

Balakowski was free on bail on the possession of stolen property charge,
and under a recognizance not to possess firearms when police searched a
motel near Thamesville where he had been living. The search turned up a
number of guns and knives, some of which are classed as prohibited weapons,
several shotguns that had been modified by shortening the barrels, making
them prohibited weapons, and more than 2,000 rounds of ammunition.

Hanbidge said that in November 1998 police were informed of irregularities
in several of Balakowski's bank accounts. Deposits were made using an
automatic teller machine and $3,400 was withdrawn from the accounts. But
when bank staff checked the deposits the envelopes were empty.

And Hanbidge said last January a female acquaintance of Balakowski was
picked up by a motorist passing the couples residence, a motel near
Thamesville. She was bleeding and told the motorist her husband had hit her
so hard she bled for three days, and hadn't let her leave the residence.
Hanbidge told the court he didn't proceed on several other assault charges
because it became clear the alleged victim wouldn't cooperate. He said he
only proceeded on charges where there was independent corroboration.

Tait pointed out the woman involved is still supportive of Balakowski. He
said his client "is still a young man who can still achieve now that he is
off crack cocaine."

Tait said Balakowski's career had been remarkable. He told the court
Balakowski had won a number of awards during his military training. But his
marriage had broken down, he had an autistic child and his former wife made
allegations of sexual assault. "The spiral downward began after his wife
accused him of sexual assault," Tait said.

Hanbidge agreed the case is "a sad, sad story," He said the police report
characterized Balakowski as "an astounding police officer." And Hanbidge
said, "but for his pleas of guilty, the crown would have been requesting a
penitentiary term."

In addition to the jail term, the probation and firearms restriction
Balakowski was ordered to stay way from the people he was accused of
threatening and to repay $3,400 to the Canadian Imperial Bank of Commerce.
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