Shannon Burshtinski, one of the two men accused of second degree murder in the death of 21-year-old Jesse Miller outside the Glendon Hotel in late October, is back behind bars after reporting to police while under the influence of alcohol while free on bail.
When arrested for breaching bail conditions, police searched Burshtinksi and found him to be in possession of a small amount of marijuana, which again breached his bail conditions prohibiting him from the purchase or consumption of alcohol or non-prescribed drugs.
St. Paul Crown attorney Randy Brandt said Burshtinski, 37, pleaded guilty to breaching his bail conditions by showing up at the St. Paul RCMP attachment under the influence of alcohol. During a police search, officers also found a small baggie of marijuana in his possession, said Brandt.
Last Thursday at the St. Paul courthouse, Burshtinski pleaded guilty to breaching a court order and was sentenced to a 90-day jail term.
On Monday, Dec. 12, another member of the Crown attorney's office from St. Paul was in court attempting to have Burshtinski's bail order revoked, which would keep him in jail indefinitely once his current 90-day sentence expires, said Brandt.
“He appeared at the police station and appeared to be in an intoxicated condition,” said Brandt, speaking about Burshtinski's guilty plea. “He admits to having consumed alcohol … which breached one of his bail conditions to not purchase or consume alcohol or any non-prescribed drugs.
“When he was arrested by police, he was searched and officers found some marijuana. He pled guilty to two counts and was given the 90-day sentence.”
Burshtinski and Edgar Kenneth Milnthorp, 31, have both been charged with second degree murder in the death of Jesse Miller, whose dead body was found outside the Glendon Hotel in the early morning hours of Oct. 26.
Milnthorp and Burshtinski both turned themselves into RCMP in the hours following Miller's death. Both were released on bail several days later under strict conditions, including a nightly curfew and were not to consume or purchase alcohol or non-prescribed drugs.
At the Bonnyville courthouse last Tuesday, a preliminary hearing was set for next Aug. 13-17 for both Burshtinski and Milnthorp on murder charges.
When released on bail following their arrest, Burshtinski and Milnthorp were under numerous court orders, said Brandt, including:
• Reside in their residences and inform police of any change of address.
• Not to leave the Province of Alberta.
• Report every Friday between 9 a.m. and 4 p.m. to the RCMP.
• Not to consume or possess alcohol or non-prescribed drug or attend any place where alcohol is served.
• Be under a daily curfew between 10 p.m. and 6 a.m. and not leave their residence for any reason during this time period except to attend to a medical emergency or for employment purposes.
• Not possess any knives or edged weapons.
• Not have any contact with each other.
Considering he committed a serious breach of his bail conditions soon after being released, the Crown has decided to pursue Monday's hearing before a Queen's Bench judge to have his bail revoked, said Brandt.
Even if his bail is revoked, Burshtinski, or any accused, can apply for a further bail review every 90 days under Alberta law, Brandt said.
“Many things can happen,” he said. “If the date for the preliminary hearing gets delayed or there is a change of circumstance, there is the option of reapplying for bail. “At this point in time, we feel it's prudent to have his bail revoked.
We will present our case to the judge on Monday and it will be up to the judge to make a decision. But even if we are successful, things can change in relation to bail in the future.”
