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Auto thief back in jail

Chronic offender loses freedom

By: Mike McIntyre

Posted: 05/5/2012 1:00 AM | Comments: 0

One of Winnipeg's most notorious car thieves is headed back to jail after Manitoba's highest court ruled he remains an ongoing risk to the public.

Gene Soldat, 23, learned this week his two-year conditional sentence that allowed him to remain free in the community had been overturned by the Court of Appeal. He must serve an 18-month stint behind bars instead.

"To say that the accused has an extensive criminal record is an understatement," Justice Marc Monnin wrote in the decision. The Appeal Court agreed with the Crown's submission that keeping Soldat out of custody sends the wrong message, especially with his extensive criminal history. Soldat has almost 100 prior criminal convictions, including 77 for auto-theft offences.

"I agree with the Crown's position that there was no proper risk assessment. A proper assessment would have led to the conclusion that this individual was at great risk to reoffend if living in the community," Monnin wrote.

Soldat received his strongest punishment to date in 2008, when his case was raised to adult court from youth court. He was given three years in prison, in addition to the equivalent of two years spent in custody, for several charges related to stolen vehicles and high-speed chases.

Soldat was granted parole in March 2010 after serving two-thirds of his sentence, but his return to the community didn't last long. He was rearrested in July 2010 after police spotted him behind the wheel of a stolen GMC pickup truck. He was also in possession of break-in tools and was caught with three other young known car thieves.

Soldat pleaded guilty in April 2011 and was given the two-year conditional sentence. The Crown sought a sentence of two years in jail. Soldat was caught breaching his conditional sentence only a few weeks later after breaking his curfew. The judge ordered him to spend eight more months in custody rather than converting the entire conditional sentence to jail time.

Now the Appeal Court has done just that. However, Soldat will likely be back on the streets later this summer because of credit for time already served.

His criminal ways made headlines in 2007 when Manitoba Public Insurance obtained a $110,000 judgment against him following one of the city's worst property-crime sprees in recent history that involved several other young co-accused. In the span of a few weeks beginning in late 2004, the boys were responsible for stealing five cars, three of which were written off, and damaging 38 others, including a police car that was destroyed.

They also sent one car smashing through the window of an empty River Heights apartment block by pinning down the accelerator with a brick -- an incident the building's real estate agent described as terrorism. A resident ended up trapped in the rubble of his own washroom when the roof collapsed.

The group also sent another car into a house, startling the sleeping resident and causing extensive damage.

www.mikeoncrime.com

Republished from the Winnipeg Free Press print edition May 5, 2012 A10

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