
A man who was caught in Kelowna with more than $500,000 in stolen goods was sentenced to a 28-month jail sentence Friday morning.
Kevin Brophy, 45, was arrested in Kelowna on Oct. 21, 2023 while he was trying to break into a a secured compound, bringing an end to a several-weeks-long crime spree that spanned across the Okanagan.
Brophy was charged with 18 crimes across nine separate incidents in Kelowna, Lake Country, Penticton and Vernon. He has since struck a plea deal with the Crown, pleading guilty to eight of the charges.
“In essence, Mr. Brophy broke into a number of properties, stealing or attempting to steal a variety of items," Justice Carla Forth said during sentencing Friday.
"The most valuable item stolen was a semi truck with a trailer containing lumber valued at approximately $300,000. Both the semi truck and trailer were recovered by police.”
Other high-value items included an enclosed utility trailer containing a number of tools, including a generator and chain saw, valued at about $20,000, and a safe that contained $2,500 in cash. Neither the trailer and its contents nor the cash were recovered by police.
Using crack cocaine for weeks
Brophy has a long criminal history of property offences dating back to 2008, relating to his substance abuse issues, primarily with crack cocaine. He reported to a doctor in his pre-sentence report that he'd been using crack cocaine “constantly for two to three weeks” during the 2023 crime spree and he became “paranoid, hopeless and desperate,” leading him to steal to support his addiction.
But Crown prosecutor Trevor Sicotte noted Brophy was not stealing food or small items to support his habit, but items worth hundreds of thousands of dollars in the case of the semi truck.
The Crown sought a total jail sentence of about 35 and a half months, followed by a two-year probation order that included a proposed “banishment order.” The condition would have prevented Brophy from being within a 50-kilometre radius of Kelowna, Lake Country, Penticton and Vernon.
The defence sought a sentence of time served plus a three-year suspended sentence that would have seen Brophy serve his sentence under a number of conditions, including a period of house arrest followed by a curfew.
But Justice Forth leaned closer to the Crown's sentencing position, handing down a total sentence of 28 months of jail, followed by two years of probation. With enhanced credit for time served, Brophy is left with 279 days in jail.
While Justice Forth refused to banish Brophy from the Okanagan during his probation period, Brophy will be reporting to the probation office in Cranbrook, suggesting he plans to live in that area upon his release.
Instead, Justice Forth banned Brophy from attending seven specific addresses where he committed his crimes.
Long criminal history
Brophy's substance abuse issues date back decades, having attended three different treatment facilities between 2003 and 2007. His criminal record began during a relapse in 2008 that led to a string of property offences.
He's served lengthy jail periods between 2009 and 2011, and between 2012 and 2014.
More recently, after attending a court-ordered 90-day treatment facility in the spring of 2024, Brophy relapsed again last June.
While Justice Forth said Brophy has taken steps to address his addiction issues, he was arrested and charged in Trail this past November for dangerously operating a vehicle and breaching his release order, after he'd used stimulants and got behind the wheel.
He has been back in custody since that arrest, but the Crown stayed those related charges as part of his plea deal.
Brophy's partner, who has a seven-year-old son with Brophy, told the court Brophy is “amazing” when he's sober, adding he's a “responsible, loving, energetic father.”
She asked Brophy to leave their home in June 2023, shortly before his crime spree began, due to his substance abuse, but added that she's willing to give him one more chance.
“I accept that Mr. Brophy is truly remorseful for his actions and understands how his actions have impacted those around him,” Justice Forth said during sentencing. “I have also not lost sight of the significant impact Mr. Brophy's incarceration has had and will continue to have on his family.”