PORT MOODY POLICE DEPARTMENT
FILE: 2017-5371
ACCUSED:
Daniel BERLADYN (DOV:1975-11-12)
RECOMMENDED CHARGE:
1) Mischief - Section 430(1)(d) of the Criminal Code of Canada
SYNOPSIS OF BACKGROUND INFORMATION:
On or about July 22, 2016, a trial was held for Daniel BERLADYN (D.BERLADYN) at the Port Coquitlam Courthouse located at 2620 Mary Hill Road in Port Coquitlam, BC, in relation to a Section 810 Peace Bond application. This application was submitted to Crown Counsel by lead investigator, Constable Jenn OHASHI (Cst OHASHI), after gathering information from D.BERLADYN's family members which satisfied Cst OHASHI that reasonable grounds existed to be exacerbated by undiagnosed mental health issues. At the conclusion of the trial, a Section 810 Peace Bond was granted by the Courts in which D.BERLADYN was placed on conditions with an expiry date of on or about July 21, 2017 (X-Referrence PMPD File: 2016-616).
On or about April 5, 2017, a trial was held for D.BERLADYN at the Port Coquitlam Courthouse located at 2620 Mary Hill Road in Port Coquitlam, BC, in relation to a Section 111 Firearms Prohibition Application. D.BERLADYN failed to appear for his court appearance; however, Crown Counsel proceeded with an ex parte application and trial proceeded without D.BERLADYN present. At the conclusion of the trial, the Courts granted a 5-year Firearms Prohibition against D.BERLADYN to which he was later served the paperwork by the Coquitlam RCMP (X-Reference PMPD File: 2016-982). For more information purposes, Cst OHASHI received information from the Coquitlam RCMP's Mental Health Officer while at this specific trial to report they had received information that D.BERLADYN had made some suicidal remarks to a social worker. The Coquitlam RCMP were eventually able to locate D.BERLADYN and deemed him not apprehendable under Section 28 of Mental Health Act [blank].
INCIDENTS OF INTEREST FOLLOWING PMPD FILE: 2016-616 (SECTION 810 PEACE BOND):
PORT MOODY POLICE DEPARTMENT FILE: 2016-847 (FORM 4 APPREHENSION)
On February 16, 2016 at approximately 1639 hours, Cst OHASHI spoke with Tri-Cities Mental Health who advised that a psychiatrist was in the process of certifying (completing a Form 4 under the Mental Health Act) D.BERLADYN who was currently at their center located at 2232 Elgin Avenue in Port Coquitlam, BC. While Tri-Cities Mental Health indicated they initially called the Coquitlam RCMP to transport D.BERLADYN to hospital, they re-contacted Cst OHASHI advising D.BERLADYN had left their facility before police arrived. At approximately 1810 hours, Port Moody Police Department members attended D.BERLADYN's residence located at [blank] in Port Moody, BC, and apprehended D.BERLADYN without incident.
PORT MOODY POLICE DEPARTMENT FILE: 2016-993 (SECTION 28 APPREHENSION)
On February 24, 2016 at approximately 1039 hours, Cst OHASHI received a call from [blank] who advised D.BERLADYN had recently sent a possibly suicidal message to [blank] with a screenshot of D.BERLADYN's message which was entitled "Goodbye". As D.BERLADYN referenced suicide in his message, Cst OHASHI requested Port Moody Police Department dispatch contact the Coquitlam RCMP to request assistance in assessing D.BERLADYN's mental health status. The last known address for D.BERLADYN at this time was [blank] BC. A "ping" of D.BERLADYN's cell phone was also conducted which indicated D.BERLADYN's phone was in North Vancouver, BC. The North Vancouver RCMP ultimately located D.BERLADYN and apprehended him under Section 28 of the Mental Health Act and subsequently transported him to hospital for assessent.
PORT MOODY POLICE DEPARTMENT FILE: 2016-1569 (KEEP THE PEACE)
On March 28, 2016 at approximately 1038 hours, D.BERLADYN contacted the Port Moody Police Department requesting police assistance to "Keep the Peace" due to a no-go to [blank] residence located at [blank] in Port Moody, BC, in order to retrieve some of his belongings. Port Moody Police Department members attended the residence and D.BERLADYN collected some of his belongings with the assistance of a friend. D.BERLADYN was unable to move all of his property out of [blank] residence adn was directed by Port Moody Police Department members to re-contact police once he knew a date and time when he could complete the move with his friend.
PORT MOODY POLICE DEPARTMENT FILE: 2016-6324 (PROBLEMATIC GUEST)
On October 25, 2016 at approximately 1128 hours, [blank]) left Cst OHASHI a voice mail message requesting police assistance in removing [blank], D.BERLADYN, from [blank]. Cst OHASHI subsequently phoned [blank] who indicated he wished for D.BERLADYN to be removed from [blank] (he does not pay rent) due to his volatile behaviour. [blank] stated he attempted to ask D.BERLADYN to vacate his residence this morning; however, this resulted in confrontation. [blank] added that he also received some concerning text messages from D.BERLADYN on today's date including: "don't bother, I'll be dead your stupid fuck...". Cst OHASHI subsequently liaised with Constable RCMP's Mental Health Officer and sent a CPIC message requesting assistance. Coquitlam RCMP members later attended [blank] but were not able to locate D.BERLADYN. Shortly thereafter, D.BERLADYN attended the front counter of the Coquitlam RCMP Detachment where he expressed needing help to get back on his feet due to financial difficulties. D.BERLADYN said he asked [blank] for assistance, but noted he did not come through even though he said he would. A Coquitlam RCMP member noted that D.BERLADYN could not articulate himself at times and was not making sense. D.BERLADYN stated he just did not know what to do anymore and was unlimately apprehended under Section 28 of the Mental Health Act by the Coquitlam RCMP and trasported to hospital for treatment.
[blank 110 lines]
PORT MOODY POLICE DEPARTMENT FILE: 2017-3040 (POSSIBLE SUICIDAL)
[blank 3 lines] Cst OHASHI then reviewed D.BERLADYN's on-line blog and noted and entry from May 22, 2017, as follows: "... What I wrote last year is true, I might likely end up in a position from all the extra damage you [referring to the Port Moody Police Department] caused to my life where I have no choice but to kill myself. I just decided over the last month, that if I ever do that, I am going to do it right in front of your Department. In the very least, I will do it in Port Moody. You can clean up your own mess...". Cst OHASHI requested assistance from the Coquitlam RCMP to check the well-being of D.BERLADYN and later received a telephone call from Coquitlam RCMP's Mental Health Officer indicating that telephone contact had been made with D.BERLADYN and it was confirmed that he was not actively suicdial.
PORT MOODY POLICE DEPARTMENT FILE: 2017-5268 (POSSIBLE SUICIDAL)
On August 23, 2017 at approximately 1544 hours, [blank] spoke with a Port Moody Police Department member to advise that D.BERLADYN had attended [blank] and made suicidal comments. D.BERLADYN has a long history of mental health related issues and blames [blank] for many of his personal problems. D.BERLADYN stated "take a good look at me because it's the last time you'll see me. I'm going to kill myself". D.BERLADYN then drove off in his vehicle. D.BERLADYN was later located by the Coquitlam RCMP and was deemed not apprehendable under Section 28 of the Mental Health Act.
CIRCUMSTANCES OF EVENT (PORT MOODY POLICE DEPARTMENT FILE: 2017-5317):
On August 27, 2017 at approximately 2025 hours, [blank] called the Port Moody Police Department to report that D.BERLADYN was at [blank] residence located at [blank] in Port Moody, BC, unloading items into [blank] backyard. D.BERLADYN had previously been placed on a Section 810 Peace Bond to which said conditions expired in July 2017 and [blank] was now concerned for [blank][blank] safety as a result of D.BERLADYN attending the residence. A neighbour had initially observed D.BERLADYN at [blank] residence and then phoned [blank] to notify of same. [blank] then observed D.BERLADYN to be unloading dry wall tools and equipment into [blank] backyard. [blank] attempted to ask D.BERLADYN what he was doing, but D.BERLADYN ignored [blank] and eventually left [blank] residence in his black 2014 GMC Savana van bearing BCL: HY9995.
Acting Sergeant Dan DI PAOLA (A/Sgt DI PAOLA) later observed D.BERLADYN's vehicle and initiated a traffic stop nar the intersection of Ailsa Avenue and Eildon Street in Port Moody, BC. Upon walking up to the vehicle, A/Sgt DI POALA noted that D.BERLADYN was immediately confrontational and voiced his concern about the vehicle stop and his dislike toward the Port Moody Police Department. D.BERLADYN stated he wanted to leave and drive away and that the Port Moody Police Department was "murdering" him with all the lies. A/Sgt DI PAOLA then advised D.BERLADYN that he was not allowed to drive of as there was an active investigation underway and that he was suspected to be involved. D.BERLADYN was noted to be recording the interactions with A/Sgt DI PAOLA. A/Sgt DI PAOLA requested that D.BERLADYN produce his BCDL and vehicle insurance papers to which D.BERLADYN complied. A/Sgt DI PAOLA then told D.BERLADYN to wait in his vehicle and not to leave.
At this point in time, A/Sgt DI PAOLA requested an additional police officer attend [blank] to obtain a better understanding of the file. Even through the initial file was dispatched as a domestic dispute in-progress, A/Sgt DI PAOLA returned to D.BERLADYN's vehicle and told D.BERLADYN that he was being detained for Mischief. D.BERLADYN was also told that police were in the initial stages of the investigation and that he was not obliged to say anything at this time. D.BERLADYN was permitted by A/Sgt DI PAOLA to stay in his vehicle, but was not allowed to leave. D.BERLADYN was extremely aggitated and was very detailed about how the Port Moody Police Department was murdering him with all the lies. D.BERLADYN also voiced his dislike of family who he thinks has wronged him. Through his interaction with A/Sgt DI PAOLA, D.BERLADYN was continuously reminded tha t he did not have to say anything and attempts of providing him with his Section 10(b) Charter Rights kept getting interrupted. A/Sgt DI PAOLA advised D.BERLADYN that he could call a lawyer at any time and would be provided with privacy.
Following investigation by the Port Moody Police Department members that were involved, it was determined that while [blank] was concerned for D.BERLADYN, [blank] did not want criminal charges laid against him. Instead, it was noted by A/Sgt DI PAOLA that [blank] would prefer a Section 810 Peace Bond application. Once this information was brought to light, A/Sgt DI PAOLA informed D.BERLADYN that he was an unwanted guest at [blank] and was not to return. A/Sgt DI PAOLA advised D.BERLADYN he was free to leave at this time.
Due to [blank] hesitancy to support criminal charges at the time of incident, coupled A/Sgt DI PAOLA's concerns that D.BERLADYN's mental health was deteriorating and his hate toward the Port Moody Police Department appeared to be increasing, A/Sgt DI PAOLA requested that Cst OHASHI review this investigation.
REVIEW OF INVESTIGATION
On August 29, 2017, Cst OHASHI reviewed the PRIME text pages submitted in this investigation by A/Sgt DI PAOLA and Cst KNOBLAUCH. Upon reviewing the PRIME text pages, Cst OHASHI believes it to be in the public interest to pursue a criminal charge of Mischief against D.BERLADYN for the following reasons:
1) Cst OHASHI is satisfied on reasonable grounds that D.BERLADYN did commit Mischief pursuant to Section 430(1)(d) of the Criminal Code of Canada on August 27. 2017, by leaving a large amount of unwanted property (mainly drywall construction materials and tools) on [blank] property located at [blank] BC.
2) Cst OHASHI would describe [blank] as part of the investigation into Port Moody Police Department File: 2016-616 (Section 810 Peace Bond) in which [blank] stated [blank] feared for her safety (D.BERLADYN was still living at [blank] at this time) and that [blank] worried about going to [blank] vehicle or taking the garbage out because of D.BERLADYN's temper when he would get angry.
4) Cst OHASHI notes that once the Section 810 Peace Bond was granted by the Courts in relation to Port Moody Police Department File: 2016-616, D.BERLADYN adhered to his court imposed conditions of not contacting or attending the residences of his family members (including [blank] that were named in his Recognizance of Bail, thereby demonstrating the effectiveness of the court imposed conditions in regard to victim safetly.
5) Cst OHASHI notes that only instance in which D.BERLADYN breached his Recognizance of Bail was related to failing to report to his Probation Officer as directed.
6) Cst OHASHI was aware that D.BERLADYN's conditions relating to Port Moody Police Department File: 2016-616 were set to expire on or about July 21, 2017, and because [blank] had concerns as to what D.BERLADYN may do after expiry of the conditions, Cst OHASHI met with [blank] on April 12, 2017, to explore potential options available to them as a family. [blank 4 lines]
7) Cst OHASHI notes that since the expiry of the Section 810 Peace Bond conditions on or about July 21, 2017, D.BERLADYN has attended [blank] residence on two (2) occassions. That being, on August 23, 2017 and August 27, 2017, respectively (please refer to Port Moody Police Department Files: 2017-5268 and this substantive investigation).
AUDIO RECORDING RELATED TO PORT MOODY POLICE DEPARTMENT FILE 2017-5268:
On August 24, 2017 at approximately 0017 hours, [blank] sent an e-mail to the info@portmoodypolice.com and cc'ed Cst OHASHI to make the Port Moody Police Department aware that D. BERLADYN had shown up to [blank] residence earlier in the day. [blank] relayed that D. BERLADYN had recorded two (2) conversations he had with [blank] on August 23, 2017, and had uploaded the audio recordings onto his on-line blog. [blank] attached these audio files to his e-mail to the Port Moody Police Department and indicated his family wanted to pursue another Section 810 Peace Bond application in the near future.
On September 5, 2017 at approximately 1039 hours, Cst OHASHI reviewed the first audio recording involving D. BERLADYN and [blank] to which the following is a summary:
The audio recording starts with loud noise, banging (presumed to be a door knock), and then a doorbell ring with a dog barking in the background.
[blank] can then be heard stating: "Oh, Hi."
After a long pause, D. BERLADYN then states: "I don't even know what to say to you" and [blank] responds by stating "I don't know what to say to you either to Danny, I just hope you're okay."
The recording starts by D. BERLADYN asking "Where's all my mail?"
[blank] voice can then be heard faintly in the background with most of the words being unintelligible.
[blank] tells D. BERLADYN that her residence is no longer his home.
D. BERLADYN responds by asking "It's no longer my home?" to which [blank] responded "It's not. You don't live here anymore" and D. BERLADYN states "I see."
[blank] then asks D. BERLADYN to "stay there".
D. BERLADYN confronts [blank] by stating "You won't even look at me. You told the Judge you're not touching any of my stuff. This has all been touched. All of it. You told the judge you didn't touch any of it."
[blank] remarked "Your stuff is still here."
D. BERLADYN continued to challenge [blank] about touching his things before telling that he did not know what kind of woman kills her own son.
D. BERLADYN stated amongst other things "I swear to God you've murdered me" and "You don't even fucking know."
D. BERLADYN then demands that [blank] go get his mail.
[blank] then tells D. BERLADYN "Just let me close the door."
A door can then be heard closing and opening again.
[blank] then (presumably) provides D. BERLADYN with some mail.
D. BERLADYN challenges [blank] stating there should be a lot more mail than he received.
D. BERLADYN then again states that [blank] had murdered him and asked if [blank] BERLADYN understood this.
D. BERLADYN told [blank] that she had destroyed his health, finances and career.
D. BERLADYN again asked [blank] how she would feel when he killed himself.
D. BERLADYN said to [blank] that she could call the police to have him thrown in the hospital, but remarked that does "no fucking good".
D.BERLADYN referred to the police as criminals. noted the world was corrupt, and [blank] was ungodly.
An unintelligible remark ensued to which D.BERLADYN explained he was "on the crest all the time and where things where at this well... I may as well just fucking do it."
D.BERLADYN then states that [blank] stole over ten thousand dollars from him, stole his life, and trapped all his property.
D.BERLADYN referred to himself as being dead.
D.BERLADYN reiterated this concept of being dead and remarked that [blank] had done the same thing to his Dad [blank]).
[blank] told D.BERLADYN that was alcohol that had killed his father.
D.BERLADYN then blamed [blank] for killing his father emotionally through emotion.
D.BERLADYN then became audibly tearful stating he cries for his father and cries for the "Fucking Queen".
D.BERLADYN starts talking about his past and [blank] attempts to tell D.BERLADYN that she heard all this information befofe.
D.BERLADYN spoke about a time in Grade 9 when he would walk down a street and smoke dope with another kid.
D.BERLADYN stated he smoked dope because of [blank] and his emotions.
D.BERLADYN then challenges whether he is loved by [blank] and [blank] responds by being insistent that she still lives D.BERLADYN.
[blank] told D.BERLADYN he was still getting more left in her will than anybody else.
D.BERLADYN states he will not even be there then because he was already dead.
D.BERLADYN then tells [blank] this will likely be the last time she will see him.
[blank] states "I love you Danny."
D.BERLADYN responds by stating "No, you don't."
D. BERLADYN that she has murdered him and that he almost dropped dead on his fortieth (40th) birthday.
D. BERLADYN then begins to reference a prior tenancy dispute and remarks that the police and doctors have lied.
D. BERLADYN asked [blank] if she knew what it was like to be thrown in a psychiatric ward and have the hospital tell him that they were just putting him in there to "cover their own ass?"
[blank] explained this process was done through the police and that she had nothing to do with D. BERLADYN being taken to hospital.
D. BERLADYN then began to argue that [blank] did not love him.
D. BERLADYN stated he almost committed suicide in [blank] house in 2014.
D.BERLADYN told [blank] that she needed to find God before she dies.
Conversation ensures and [blank] then directs D. BERLADYN to go back to his truck.
[blank] tells D. BERLADYN one last time that she loves him and then makes reference to the fact that D. BERLADYN had been recording the conversation.
After reviewing the audio files provided by [blank] Cst OHASHI would describe D. BERLADYN's demeanour in these audio recordings as intimidating, emotionally labile, and sometimes disconnected from reality. Please refer to the attached digital audio files and transcriptions for full details.
INTERVIEW WITH [blank]
On August 29, 2017 at approximately 1511 hours, Cst OHASHI began conducting an audio recorded interview with [blank] to which the following is a summary of [blank] ecent dealings with D.BERLADYN
[blank 5 lines]