Prolific Kelowna offender with 420 police files jailed after getting naked in hotel hot tub

A prolific B.C. offender previously described by police as the ‘poster boy’ of catch and release recently told a provincial court judge that he’s taking part in programs and believes change is possible.

Justin Wayne Collins, 49, was sentenced to six months in jail on July 3 after he pleaded guilty to committing an indecent act, mischief and theft in Kelowna earlier this year.

Crown counsel told the court that on Feb. 16, three days after Collins got out of jail, he climbed under a fence at the Delta Grand hotel, stripped naked and got in the hot tub.

Court heard he was spotted by a woman heading to the outdoor spa with her two young children.

Collins, who prosecutors said is well known to staff and security at the Delta Grand and is frequently asked to leave, was escorted off the property.

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Two weeks later, court heard Collins showed up at a café on the hotel property, trying to steal food over a couple of days.

On March 3, staff at Frannie’s Coffee suspected Collins had urinated on the floor and smoked crack in the bathroom, and he was told to leave.

Crown said Collins argued with one staff member and tried to follow her into the café before she locked the door.

He stood outside yelling and then walked away before police arrived.

Collins was arrested two weeks later and released on bail, despite the Crown seeking his detention.

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Following “about a dozen calls to the police for various concerning behaviour around town”, prosecutor Nick Lerfold said Collins stole a miniature chair cushion from a countertop at the TD bank on Ellis Street on April 27.

Lerfold told the court he equated this incident to more of a mischief than a theft because the item has no use or value.

It was part of a little couch or a replica of the signature green TD leather sofa chair seen in the bank’s commercials, used to reward employees for certain milestones.

Collins was arrested May 13 and has been in custody since.

Despite what may seem like “very low level offences”, Crown counsel told the court it was proposing a six-month jail sentence in a joint submission with defence counsel – because of the accused’s extensive criminal record of violent, property and compliance offences.

Collins has 66 convictions – 49 in B.C. since 2012 and 17 in Alberta – including three robberies, attempted robbery, four assaults, two assaults causing bodily harm, assault with a weapon, break-and-enter, theft of a motor vehicle, and 16 thefts.

“This is an individual who spends very little time in the community to commit a lot of offences,”

Lerfold told the sentencing hearing.

Since January 2022, Lerfold said Collins has never lasted out of jail more than 40 days without committing a new offence, and he averages one every six days.

In August of that year, Collins was the subject of a public warning by Kelowna RCMP, which said his continual reoffending put the community at risk.

“I’m concerned, I’m frustrated as a police officer, I’m frustrated as a citizen,” Const. Mike Della-Paolera told Global News in 2022.

At that time, Collins’ criminal resume included 421 police files and 64 charges.

“The courts have now started to hold individuals accountable,” Kelowna mayor Tom Dyas said in an interview Monday.

Dyas said the Bail and Sentencing Reform Act, which came into force on July 15 and is designed to make bail laws stricter and sentencing laws tougher for repeat and violent offenders, is helping to stop the “revolving door” of justice.

“With the courts upholding and not allowing these individuals to receive bail, we are noticing a difference within our community,” Dyas told Global News.

But Kelowna’s mayor said the case count for Crown counsel in his city is 30 per cent higher than other parts of the province.

Dyas said more prosecutors are needed, along with involuntary care for the most vulnerable individuals battling mental health and addictions.

“We need that secure care for them to help our municipality, and to also put them on a better path forward.”

Defence counsel Melissa Lowe told the court her client is on disability due to a back injury, and struggles with homelessness, addiction, mental health challenges, a brain injury, ADHD, and bipolar disorder.

Hopefully Collins will be able to engage in some programming, Lowe said, noting he’s not opposed to services.

In proposing 18 months probation, Crown counsel said Collins has been banned from all local housing options, social assistance offices, and urban outreach, and needs supportive probation to get basic necessities.

“Mr. Collins is somebody who has very little support in the community,” Lerfold told the court.

Collins told the court he’s benefiting from working with addiction counsellors on programs and the treatment has taken him to a place where he believes change is an actual reality.

“Over the time that I’ve been in custody, I’ve actually taken a really big step in changing my mental pattern and thought cycle,” he told his sentencing hearing. “I have to be accountable for my actions.”

Judge Dennis Ferbey said he was encouraged to hear Collins was making progress and possibly developing some insight while in jail.

“I hope that this represents a turnaround for you because it is regrettable to see you spending so much time in custody over, as I say, what are individually minor things but present a bigger problem when considered in light of your history,” the judge said.

With credit for time spent in custody, Collins has 100 days left to serve in jail, followed by 18 months probation.

His conditions will include not going to the TD Bank in downtown Kelowna or being within 10 metres of the Delta Grand hotel or any business associated with it.