Winnipeg Free Press - ONLINE EDITION

Crown seeks to cash in on $100K surety

Father banked on son staying out of trouble

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A Winnipeg father who banked on his son's prospects of staying out of trouble faces a costly court battle with Manitoba justice officials.

Dennis Tymchyshyn posted a $100,000 surety in 2011 to help convince a judge to allow his son, Corey Tymchyshyn, to be released from custody while pending trial on a first-degree murder charge. The Crown was opposed to his bail, citing the fact he's facing the most serious allegation in the Criminal Code.

But the judge approved his release while also imposing one of the largest sureties in local legal history. Typically they are for a few thousand dollars and not anywhere close to the six-figures imposed.

A surety is a form of financial promise to the court that will keep the accused in line. Any breaches and the Crown can declare a default.

That's what's happened after Corey Tymchyshyn was rearrested more than a year later and hit with several charges, including assault, extortion and running a marijuana grow operation out of a Manitoba Avenue home.

Now proceedings against Dennis Tymchyshyn are underway in Court of Queen's Bench. The Crown wants to cash in on the $100,000 surety and send a strong message, especially given its initial objection to allowing the accused to return to the community.

No date for a hearing has been set. The father has previously indicated in court hearings he plans to hire a lawyer and fight the application, although it's not clear on what grounds.

Frustrated by the revolving door of justice, the Crown has been getting increasingly vigilant in going after bail scofflaws and their sureties by hitting them where it really hurts -- in their bank accounts. They want to ensure bail orders have bite and are worth far more than the paper they're written on.

Corey Tymchyshyn remains before the courts and is set to go on trial on the murder charge later this winter. None of the allegations has been proven and he is presumed innocent.

The case involves the killing of Chad Davis, who went missing in early February 2008. The body of the 22-year-old was found months later, wrapped in plastic and stuffed inside a barrel floating down the Lee River near Lac du Bonnet.

Justice officials believe the slaying was a planned, premeditated act.

Tymchyshyn and a co-accused, Kristopher Brincheski, were both ordered to stand trial following a preliminary hearing in 2010. A court-ordered publication ban prevents specific details of the hearing from being published.

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