The Barrie, Ont. man accused of being armed and barricaded inside a motorhome during a 16-hour standoff with police in November is back in custody after a judge overturned the bail decision.
Justice Joseph Di Luca accepted the Crown’s argument that an error in law was made by the presiding Justice of the Peace at a bail hearing on February 14. Justice Di Luca concluded the decision was “manifestly errored” and Dan Mitchell’s “detention is warranted on tertiary grounds.”
The Crown argued the Justice of the Peace failed to appropriately address tertiary grounds for bail, which specifically relate to ensuring public confidence in the court system. The court must consider three grounds in a bail hearing: primary, second and tertiary grounds which encompass the ability of an accused person to attend future court dates, consideration of public safety, and confidence of a well-informed, reasonable member of the public in the administration of justice.
Mitchell had been released on a $15,000 pledge by two residential sureties under strict conditions, including a GPS ankle monitor.
Mitchell, 44, was arrested by Barrie police and charged with seven weapons counts, including shooting at police during the standoff while inside an RV in a Bayfield Street parking lot.
According to police, Mitchell is accused of assault and uttering a threat of death or bodily harm to police during the incident that began just before noon on November 19 when officers were called to the parking lot behind a busy plaza following reports of a man in distress inside a motorhome armed with a gun. Witnesses in the area said they heard at least one shot being fired.
Neighbouring homes and businesses were immediately ordered to be evacuated while police worked to peacefully end the standoff. At the time, police said possible improvised explosive devices were found inside the RV and had to be neutralized by the bomb disposal team who were seen entering the RV in the hours that followed his arrest.
Barrie police tactical unit and crisis negotiators were in place overnight before police confirmed the accused surrendered himself to officers without incident at around 4 a.m. the following day and was taken to hospital for observation.
A publication ban prevents any evidence heard in court from being revealed.
Mitchell is scheduled to return to court from jail in Penetanguishene in late May. The allegations against him have not been tested in court.
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