Vernon Law Courts. (file photo/Vernon Matters Staff)

By Pete McIntyre

60-day sentence

Sagmoen gets jail time for cellphone breaches in Vernon

Dec 13, 2023 | 2:32 PM

A North Okanagan man who has been the focus of protest groups and media for the last few years was led out of a Vernon courtroom in handcuffs Wednesday morning.

Curtis Sagmoen was sentenced to total of 60 days in custody for two breaches of his probation order, specifically for using a cellphone on two occasions in Vernon when he was under court orders not to.

Curtis Sagmoen (file photo/submitted/RCMP)

Sagmoen, 43, showed no specific emotion when hearing the sentence from provincial court Judge Richard Hewson who stated the main issue in his sentence was “how to balance deterrence with rehabilitation.”

Sagmoen, who has past convictions for assaults on sex trade workers, pleaded guilty in June 2023 to breaching a probation order by using a mobile communication device on April 28, 2022, and breaching a probation order by using a mobile communication device, possessing drugs and by communication with a sex trade worker on April 26, 2022.

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Crown lawyer Jane Park was seeking a prison sentence of six months followed by two years of probation, while Sagmoen’s lawyer, Lisa Helps, asked for a suspended sentence and probation for two years.

“The issue of the sentence hearing today is how to balance Mr. Sagmoen’s rehabilitation with the principles of deterrence and denunciation,” Hewson said.

The judge stated the maximum sentence for the charge under the Criminal Code is two years in custody and a $5,000 fine, and there is no minium sentence. He said generally the range of sentences start with a discharge and go up to about 90 to 120 days in custody, adding the breach orders are meant to protect the community.

“I have been advised of Mr. Sagmoen’s background, both by his counsel and by the contents of a pre-sentence report,” Hewson said.

Hewson said Sagmoen resides with his parents [on a rural property on Salmon River Road north of Vernon], and has done so since being released on bail and being subject to the house arrest order 18 months ago.

“His brother, mother and father all suffer from medical challenges and enjoy the assistance he is able to offer them,” Hewson said.

Hewson said Sagmoen is a member of a trades union, but has not been employed for the past several years.

“Mr. Sagmoen suffers some mental health challenges including addictions and depression. Since being released on bail on these matters, the author of his pre-sentence report indicates that he’s done a 180 degree turn and is engaging productively in counselling and treatment he’s being offered.”

On the days of the offences, Hewson said Sagmoen was on two probation orders, both with conditions to not possess a mobile device with the exception of one cellphone.

On April 26, 2022, a police officer saw Sagmoen drive into Vernon and he was later spotted by police at the Village Green Mall parking lot in his truck.

“Police kept him under surveillance and noticed he was looking down repeatedly at his lap as if he had a cellphone,” Hewson stated. “The police officers approached the truck and arrested him and seized the cellphone from between the seat and centre console. A search of the phone revealed the saved video that depicted he had been in contact with a sex trade worker, a video that was recorded on April 14, 2022.”

Sagmoen was released from custody April 27, and the day after that, he was stopped by an officer in Vernon. During a subsequent search, Sagmoen was found to be in possession of another cellphone which was found behind a loose panel underneath the steering wheel column of the truck. Court heard a witness told police where to look for it.

He was arrested again and held in custody until May 4, 2022 when he was released on bail and placed on house arrest.

Hewson noted aggravating factors were Sagmoen’s criminal record, the nature of the orders breached which were to protect the public and that the offence on April 28 came one day after he was released from jail after the first offence.

Mitigating factors were that Sagmoen pleaded guilty for the offences, and has taken responsibility for them, along with his post-offence conduct.

“Since being released from custody in the spring of 2022, there has been no suggestions that Mr. Sagmoen has not complied with the court orders binding him and that he has cooperated and engaged fully in counselling and other therapy,” Hewson stated.

Hewson stated while rehabilitation is important, enforcing and respecting court orders is important too, saying it’s essential to the effectiveness of the justice system and protecting the public.

“Not every breach of a court order calls for jail, but these do,” Hewson remarked.

Judge Hewson sentenced Sagmoen to 30 days concurrent on each of the three charges, along with 15 days credit for pre-sentence custody, meaning a total of 15 days in custody.

He also got 45 days consecutive for the second infraction on April 28, meaning a total of 60 days of incarceration.

With good behaviour, Sagmoen could be released in 40 days.

He will be under probation for two years after his release with a number of conditions imposed including:

• living at an address approved by a probation officer and provide a phone number to the officer
• not possessing or consuming any alcohol, drugs or other intoxicating substance except with a medical prescription
• he must not enter any liquor store or drinking establishment, or any other business where minors are prohibited at any time
• He must attend and participate in any counselling or education program as directed by a probation officer
• He must not possess or use any mobile communication device. The exceptions are he may possess one cellphone that only has one phone number and is registered to his name, and may only use the cellphone for attending virtual court appearances, contacting his probation officer, his lawyer, for employment or in an emergency.
• He can’t use a pay-as-you-go service or possess more than one SIM card for a phone registered in his name
• He must not delete the history of any communications using his phone without the prior approval of his probation officer
• He must have no contact with the victim

The Crown entered a stay of proceedings on eight other breach of probation charges.

Despite his criminal history, the Crown noted this was Sagmoen’s first convictions for breach of probation.

Sagmoen’s lawyer Lisa Helps, told Vernon Matters, she agreed with the judge that court orders are very important to maintaining public confidence in the justice system.

“Anyone who breaks a court order, there is a presumption that they are going to go to jail. In the circumstances, this was a fair sentence for the fact that a court order and probation, or a bail supervision order, was broken. So in the circumstances, it’s understandable, and I think that it shows the justice system is aware of the public’s concerns in this matter,” Helps said.

Previous court appearances by Sagmoen in Vernon have featured protests by advocates for missing and murdered women, but there was no such protest or any advocates on hand for Wednesday’s sentencing.

The remains of 18-year-old Traci Genereaux were found on Sagmoen’s family property on Salmon River Road after a major police operation in 2017, but no charges have been laid in that case.