South Okanagan man waits in jail for three months to get a three week sentence

PENTICTON – A Keremeos man with a bipolar disorder has paid dearly for his crimes, spending about three months behind bars only to receive a three week jail sentence.

Richard Michael Leibach pleaded guilty to carrying a weapon, fraudulently obtaining food and breach of conditions in Penticton court yesterday, Nov. 22, in connection with an incident at the Branding Iron Bar and Grill in Keremeos on Aug. 26.

Crown prosecutor Andrew Vandersluys told the court Leibach was dining at the Branding Iron late in the evening when he began causing a disturbance.

Police were called and arrived to find Leibach walking down the street. He was stopped, identified as the suspect and arrested for walking away from an unpaid $24.15 bill for his meal.

A search of his person revealed a small silver pocketknife, which Leibach was reported to have flashed while at the restaurant.

He was arrested on breach of conditions, dining and dashing and for carrying a weapon, and taken to the Keremeos detachment. Once there, Vandersluys said his behavior was volatile and he refused to respond to police commands.

Leibach was transferred to the Penticton detachment jail where he underwent dramatic mood changes from being happy and joking, to erratic and irrational. Court heard at one point he washed his shirt in the cell’s toilet before it was discovered he has a bipolar disorder.

Vandersluys asked Judge Gale Sinclair for a sentence of seven days on each of the three counts for a total 21 days, pointing out the man had already spent the last 89 days in jail.

Defence lawyer Robert Maxwell told Judge Sinclair his client, “should get a points card for the added days he spent unnecessarily in jail.” Maxwell said his client was fine when he was on his medication, noting Leibach intended to return to his hometown of Duncan upon release.

Sinclair agreed to Crown’s submission and sentenced Leibach to 21 days in jail, also waiving the $300 in victim surcharges, noting the excessive time Leibach had spent in jail on “inconsequential matters."

Leibach was released from custody.


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Steve Arstad

I have been looking for news in the South Okanagan - SImilkameen for 20 years, having turned a part time lifelong interest into a full time profession. After five years publishing a local newsletter, several years working as a correspondent / stringer for several local newspapers and seven years as editor of a Similkameen weekly newspaper, I joined iNFOnews.ca in 2014. My goal in the news industry has always been to deliver accurate and interesting articles about local people and places. My interest in the profession is life long - from my earliest memories of grade school, I have enjoyed writing.
As an airborne geophysical surveyor I travelled extensively around the globe, conducting helicopter borne mineral surveys.
I also spent several years at an Okanagan Falls based lumber mill, producing glued-wood laminated products.
As a member of the Kaleden community, I have been involved in the Kaleden Volunteer Fire Department for 22 years, and also serve as a trustee on the Kaleden Irrigation District board.
I am currently married to my wife Judy, of 26 years. We are empty-nesters who enjoy living in Kaleden with our Welsh Terrier, Angus, and cat, Tibbs.
Our two daughters, Meagan and Hayley, reside in Richmond and Victoria, respectively.

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