Hopley chooses not to seek bail

Alleged kidnapper of Sparwood boy consents to remain in custody during court proceedings.

  • Dec. 19, 2011 7:00 a.m.

By Sally MacDonald

The man charged with kidnapping three-year-old Kienan Hebert in September has opted out of a bail hearing in a Cranbrook court.

Randall Hopley, 46, had a brief court appearance today (Monday) on charges of kidnapping, abduction of a person under 14, and break and enter with the intent to commit an offence.

But his lawyer, William Thorne, told Judge Grant Sheard that with Hopley’s consent he would not show cause why Hopley should be released, and consented to a detention order set by the court.

On September 7, Hopley was out on bail from charges of break and enter in Alberta when he allegedly kidnapped three-year-old Kienan Hebert from his parents’ home in Sparwood.

Police issued an amber alert, saying that Kienan disappeared from his home wearing Scooby Doo boxer shorts.

Scores of volunteers joined emergency personnel on a massive manhunt, but Kienan was mysteriously returned to the family home physically unharmed four days later.

On September 13, Hopley was found by police sniffer dogs at a gravel pit near Crowsnest Lake, Alberta, and taken into custody.

Since then, Hopley has been retained at Kamloops Regional Correction Centre and a psychiatric assessment has been performed. The results are protected by a publication ban.

He appeared via video link to the Cranbrook courtoom Monday, December 19, wearing a prison-issue orange jumpsuit and a grim expression.

Hopley’s counsel William Thorne pointed out that because Hopley was out on bail at the time he is alleged to have committed the Sparwood offenses, the “reverse onus” principle is applied.

That principle means that the burden of proof shifts from the prosecutor to the accused.

In this case, Hopley’s lawyer would have needed to prove to the judge why the accused should be released, rather than the usual bail situation where the prosecutor must provide grounds for the judge to order the accused to be detained.

But Thorne told the court that Hopley consents to remain in custody while the charges make their way through the court.

Hopley will next appear in court on the kidnapping charges on February 20 when he is expected to enter a plea.

On Monday, Thorne entered not guilty pleas on two charges of breach of probation on behalf of Hopley. Those matters will be back before the court on January 18.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Castlegar doctor Megan Taylor contracted COVID-19 in November. This photo was taken before the pandemic. Photo: Submitted
MY COVID STORY: From doctor to patient

Castlegar doctor shares her COVID experience

A nurse performs a test on a patient at a drive-in COVID-19 clinic in Montreal, on Wednesday, October 21, 2020. (THE CANADIAN PRESS/Paul Chiasson)
30 new COVID-19 cases, five more deaths in Interior Health

This brings the total number of cases to 7,271 since testing began

(From left to right) Twin Meadows Animal Rescue co-directors Puneet Grewal and Nycki Wannamaker with Stick & Stone manager Meaghan Collins, and Stick & Stone owner SJ Nelson. Pictured here with Blue, Hombre, Daphne,Skye and Freedom. (Scott Tibballs / The Free Press)
‘Rescue starts from the moment they come through the doors’: TMARS co-founder

Puneet Grewal of Elkford co-founded TMARS in 2020, and with the help of a small army of volunteers and fosters has helped dozens of animals find homes

(Pixabay)
B.C. ranks as fourth most attractive Canadian jurisdiction for resources companies

B.C. was ahead of neighbouring Alberta, which was ranked as the seventh-best Canadian jurisdiction

Castlegar’s Gabrielle Herle (right) will be one of the speakers at the conference. She is seen here with Wendy Gaskill from Chinook Scaffolding accepting their Contractor of the Year Award in 2019 from the Builders Code Champion Awards. Photo: Submitted
Girls in STEAM and Leadership Conference offered free for all girls in the Kootenay Boundary

Virtual conference for girls in grades 8 to 12 will be taking place on March 8

Dr. Bonnie Henry talk about the next steps in B.C.'s COVID-19 Immunization Plan during a press conference at Legislature in Victoria, B.C., on Friday, January 22, 2021. THE CANADIAN PRESS/Chad Hipolito
456 new COVID-19 cases in B.C., 2 deaths

Since January 2020, 78,278 have tested positive for the novel coronavirus in B.C.

A 50-year-old man was stabbed in an altercation that started with a disagreement about physical distancing. (File photo)
Argument about physical distancing escalates to stabbing in Nanaimo

Victim, struck with coffee cup and then stabbed, suffers minor injuries; suspect arrested

One recipient of a $500 donation from Kootenay Savings was Kimberley’s Spark Youth Centre. Above, Cher Berge KSCU & Bev Middlebrooks Spark. Photo submitted
Kootenay Savings hands out donations to non-profits

Employees at each branch picked a non-profit for a $500 gift

NDP leader Jagmeet Singh holds a press conference on Parliament Hill in Ottawa on Wednesday, Feb. 24, 2021. THE CANADIAN PRESS/Sean Kilpatrick
NDP will not trigger election as long as pandemic continues: Singh

‘“We will vote to keep the government going’

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

“Support your city” reads a piece of graffiti outside the Ministry of Finance office. (Jane Skrypnek/News Staff)
Slew of anti-bylaw graffiti ‘unacceptable’ says Victoria mayor, police

Downtown businesses, bylaw office and Ministry of Finance vandalized Wednesday morning

A health-care worker prepares a dose of the Pfizer-BioNTech COVID-19 vaccine at a UHN COVID-19 vaccine clinic in Toronto on Thursday, January 7, 2021. (THE CANADIAN PRESS/Nathan Denette)
Vaccinating essential workers before seniors in B.C. could save lives: experts

A new study says the switch could also save up to $230 million in provincial health-care costs

The late Michael Gregory, 57, is accused of sexually exploiting six junior high students between 1999 and 2005. (Pixabay)
Former Alberta teacher accused of sexually assaulting students found dead in B.C.

Mounties say Michael Gregory’s death has been deemed ‘non-suspicious’

Most Read