NORTH BATTLEFORD – Drayden Clinton was found not guilty of a violent home invasion in Unity and an attempted armed robbery at the Macklin bar.
Clinton, 26, has been in custody since his arrest Jan. 31, 2020, when police raided his Macklin home. He was charged with numerous offences involving several different incidents.
“Many of the civilian witnesses called by the Crown were simply not believable,” said Judge Daniel O’Hanlon when he handed down his not guilty verdict on most of Clinton’s charges in North Battleford Provincial Court Nov. 4.
“They were evasive, self-serving, protective of some of the others who were, or have been, their friends, and in some cases irrelevant.”
Two facts need to be pointed out, said Judge O’Hanlon.
Rick Heitt didn’t report that he had been robbed and held captive in his home until two weeks after the alleged incident when he needed a police occurrence number for his insurance claim. Heitt was allegedly beaten with brass knuckles, a baseball bat, and threatened with a machete.
“It also has to be pointed out that at the time this robbery was allegedly to have occurred, Rick Heitt’s estranged wife Teneille Heitt was in a relationship with the accused (Drayden Clinton).”
Not guilty of assault, unlawful confinement of Rick Heitt
There is reasonable doubt that Clinton is guilty of any of the charges in the robbery and confinement of Rick Heitt, said Judge O’Hanlon.
Rick Heitt couldn’t identify who tied him up and robbed him. Some of the property he said was stolen was found at Drayden Clinton’s residence, “the same residence where his estranged wife was living at the time when the search was conducted,” said Judge O’Hanlon.
“He was residing with Rick Heitt’s estranged wife. Much of the property could be at the property as a result of that relationship.”
Not guilty of attempted robbery of Macklin bar
Clinton was found not guilty of the attempted robbery of the Macklin bar.
“There is no direct evidence the accused was the individual seen in the video on the night of Jan. 25, 2020, when a masked individual entered the bar with a sawed-off rifle and asked for money,” said Judge O’Hanlon.
“The accused had some knowledge of the robbery but I’m not convinced he perpetrated the attempted robbery. I put no weight on the evidence provided by Willis Kostiuk to this charge.”
Kyle Thorn also raised reasonable doubt about Clinton’s guilt after he testified that he saw Clinton at a party during the time of the attempted robbery, said Judge O’Hanlon.
Not guilty of alleged assault, confinement of Willis Kostiuk
Clinton was found not guilty of the confinement of Willis Kostiuk, assault with a weapon, and possession of a weapon for the purpose of committing an offence.
Kostiuk had testified that Tyler Weinkauf and Drayden Clinton assaulted him when he went to Clinton’s residence in January 2020.
“In order to convict I would have to give great weight to Willis Kostiuk’s evidence and I cannot,” said Judge O’Hanlon.
“He said the accused (Drayden Clinton), Teneille Heitt, Tyler Weinkauf and another individual were present.”
Judge O’Hanlon said he didn’t believe “most of” Willis Kostiuk’s evidence, which he called suspect at best.
“Even though he showed injuries several days later when he reported the incident, I cannot give great weight to his evidence on how those injuries occurred.
“He claimed to have been assaulted by both the accused (Clinton) and Tyler Weinkauf, and unlawfully confined and threatened with physical violence to have his fingers cut off with a machete.
“I accept that there was a machete at (Clinton’s) residence on Jan. 31, 2020, when the search warrant was executed, and was probably there on the 24th, however, I have reasonable doubt he carried this weapon for the purpose of committing an offence.”
After the alleged assault, Kostiuk said they all “shook hands” and they boosted his vehicle to get it started.
“He (Kostiuk) then goes on to state that the accused (Clinton) told him that he and others broke into Rick Heitt’s house, held him hostage, water-boarded him, held a gun to his head and stole his stuff.”
Not guilty of unlawful confinement of woman and teen
Clinton was found not guilty of unlawful confinement of Daphne Casey and a 17-year-old female.
“There is simply no evidence on these charges,” said Judge O’Hanlon, pointing out that when it was time for one of the alleged victims to get ready for work she got up, went to the bathroom and put on her makeup, and when it came time to leave for work, she did.
Not guilty of break, enter and theft of Macklin residence
Judge O’Hanlon said there was no evidence that any of Daphne Casey’s property was taken on Jan. 27, 2020.
“There is no evidence any of Daphne Casey’s property was taken. I cannot determine whether Daphne Casey was involved or had a role in the incident.”
Not guilty of possession of stolen ring
Clinton was found not guilty of possession of stolen property, a ring.
Judge O’Hanlon said there is evidence the ring belonged to Teneille Heitt and there was no evidence it was stolen.
Not guilty of possession of heroin and cocaine
Clinton was found not guilty of possession of heroin and cocaine.
“There’s no evidence to substantiate that,” said Judge O’Hanlon.
Guilty of uttering threat
Clinton was found guilty of making threats against the 17-year-old.
“The accused did have a baseball bat with him and banged it on the door to get their attention,” said Judge O’Hanlon.
“He did take the bat inside with him when he and Teneille Heitt entered. As soon as they entered I am satisfied that Teneille Heitt started to aggressively talk to the occupants.”
The 17-year-old testified that Clinton said if she wasn’t 17 he would cut off her fingers.
“I’m satisfied the threat was uttered to her.”
Guilty of resisting arrest, breaching release condition
Clinton was found guilty of resisting arrest and breaching his release order by being at his mother’s home in Macklin Feb. 13, 2020, when he was released from the correctional centre for one day.
“He did resist arrest by pulling away but it is, however, at the lower end of the scale.”
Guilty of weapons offences, possession of stolen property
Clinton was found guilty of possession of weapons (brass knuckles, bat, and ammunition) while prohibited. He was also found guilty of possession of stolen property over $5,000.
Judge O’Hanlon said he couldn’t determine whether Clinton stole the property, or if the others who frequented Daphne Casey’s residence stole it.
“I’m satisfied he knew it was stolen.”
Crazy eights
Judge O’Hanlon referred back to the alleged incident of the assault and confinement of Rick Heitt, which was only reported for insurance purposes.
“The accused (Clinton) was in a relationship with Tenielle Heitt, whom I didn’t hear from, and I have questions about exactly what happened…other people in this group, the so-called crazy eights, had equal access to all the stuff, the items at the Clinton residence.”
Judge O’Hanlon said all of the factual evidence seemed to implicate two witnesses equally – or more so - than Clinton.
He said there was no doubt Clinton had knowledge of the offences he and others were suspected, or charged with, but he said those who testified - and didn’t testify - also had knowledge of the crimes.
“The accused may well have had involvement in some of the charges for which he has been found not guilty, but the circumstantial evidence does not provide the proof beyond a reasonable doubt against the accused.”
Witness tampering
During Clinton’s trial in July 2021, the Crown introduced new charges of witness tampering against Clinton for allegedly intending to provoke fear in a witness and obstruction of the course of justice on June 22, 2021.
The court heard that Clinton, while on remand, made calls and sent messages to witnesses. In Clinton's phone calls from the correctional centre he said Teneille Heitt, Kyle Thorn, and Rick Heitt better not testify.
Referring to one witness Clinton said, “He gotta go on his own or get sent on vacation. Tell him he gotta go or he will get K I double hockey sticked.”
Clinton also said, “They can’t show up and if they do there is a professional on stand by. I need everyone to know don’t (expletive) me over."
Judge O’Hanlon said there “was significant evidence of text messages allegedly from the accused, phone calls from the Saskatoon Provincial Correctional Centre, other communication, and a letter alleged to have been written by the accused and delivered while he was incarcerated to the passenger, or driver seat, of Kyle Thorn’s jeep,” as well as evidence from a sheriff.
“Many of the correspondence was said to be threatening and intimidating to the witnesses,” said Judge O’Hanlon.
“It’s also possible that the accused did not want the group of drug addicts and users he was associated with to lie about the crimes that had occurred.”
Clinton's charges of witness tampering will be dealt with in North Battleford Provincial Court Nov. 12.
Judge O’Hanlon also adjourned sentencing of Clinton on the charges he was found guilty of to Nov. 12.
Others charged
Tyler Weinkauf’ was charged in connection to the home invasion and assault on Rick Heitt. His trial was in 2020 and the charges were stayed.
Tenielle Heitt, 31, of Unity, was charged with unlawful confinement, break and enter, possession of property obtained by crime, uttering threats, and possession of a weapon for a dangerous purpose.
Last month she pleaded guilty to the lesser charges of theft under $5,000 and uttering threats. She was given a conditional sentence and nine months probation on the theft charges and another conditional sentence and nine months probation on the uttering threats charges.
See related story “The way Clinton trial unfolded ‘not reprehensible,’ says N.B. judge
