Man gets 50 days for bear-spraying another cyclist
September 29, 2021
Judge R.B. Marceau
Sydney Richard Grey (46), from Whitefish Lake First Nation, was in custody. He appeared over the phone. He pleaded guilty to assault with a weapon. The Crown withdrew another charge.
On August 18, 2021, the victim was riding his bike, said the Crown. Grey came up to him also on a bike. Without a word, Grey sprayed him with bear spray and cycled away. There were no witnesses. When police arrived, the victim’s eyes were bloodshot and there was other evidence of bear spray.
On September 8, the RCMP found Grey. When the officer told Grey he was under arrest, Grey tried to escape by running into the bush. The officer caught and arrested him.
Grey’s criminal record started in 1994 and continued to 2019, said Judge Marceau. The record is aggravating because there are very few breaks, but includes only limited violent crimes such as assault and arson.
Grey waived his right to a Gladue report, but there are Gladue factors, said the defence. His father went to residential school. Grey has a high school diploma and is trained as a pipefitter. He is working for a moving company out of Edmonton and the job still exists when he gets out.
Grey was sentenced to 50 days in jail. He had 22 days of pre-sentence custody. At an enhanced rate of 1.5 days to one, he had credit for 33 days. This meant 17 days left to serve.
Grey was ordered to submit DNA as it is mandatory. However, he was already part of the DNA registry.
Kody J. Lummerding, from Slave Lake, was sentenced for nine crimes. These were careless storage of a firearm (x4), possession of a weapon for a dangerous purpose, and unauthorized possession of a firearm (x4).
The Crown, defence, and Judge Marceau read an agreed statement of facts. The full details were not read in, but from the ensuing discussion the following details came to light.
All nine crimes happened on October 20, 2020. At the time, a woman was at Lummerding’s home. He was intoxicated with both alcohol and cocaine.
Lummerding was loading and unloading one of the .22s, said the Crown. The woman found this very dangerous. Lummerding was charged with possession of a weapon for a dangerous purpose. At the time, Lummerding did not have a gun license. The four firearms (a lever action .22, a bolt action .22, a .357, and a grizzly rifle) were lying about the home, instead of locked safely away.
On October 20, 2020, Lummerding did not have a criminal record. In 2021, he received a 12-month suspended sentence for an offence committed in 2019. He was also sentenced for a breach of his release conditions.
The Crown’s first offer was for nine to 12 months in jail and probation. However, since Lummerding had made extensive efforts to deal with his addictions and toward rehabilitation, she recommended an 18-month conditional sentence and two years probation. A conditional sentence is a jail term served in the community.
In October 2020, Lummerding hit rock bottom, said the defence. It was a low point in his health and behaviour. He was using both alcohol and cocaine.
The defence provided the court with proof that Lummerding completed various mental health and addictions programs and a 90-day drug and alcohol rehabilitation.
Lummerding isn’t Indigenous, but he grew up with a lot of Indigenous friends, said the defence. The rehab included an Indigenous cultural and spiritual component. Lummer- ding has been finding this very useful, the defence told the court.
Both Crown and defence said that if Lummerding continues to progress in his rehabilitation, he will likely not be before the court again.
Lummerding was sentenced to an 18-month conditional sentence and two years probation. The first six months of the sentence are house arrest. He is allowed to leave for work, medical appointments, assessment, counselling, and treatment, and at set times to purchase the necessities of life.
For both the sentence and probation, Lummerding is ordered to keep the peace, report, and have no contact with the victim, except indirectly for family court proceedings. He is also to take assessment, treatment, and counselling as directed and provide proof of completion. He is not allowed to consume alcohol, cannabis, or drugs except by prescription.
Lummerding is prohibited from owning any firearm, crossbow, explosive substance, or any other weapon for 10 years starting on the day of sentence.
All items seized were forfeited.
A man entered into a six-month peace bond. The Crown withdrew a criminal charge.
The only condition the man must adhere to is to keep the peace with his father.
Christopher B. Dagohoy (23), from Slave Lake, pleaded guilty to a traffic ticket for driving without insurance.
The ticket was from July 7, 2021.
Dagohoy was fined the minimum – $3,000 (including victim fine surcharge). If he doesn’t pay the fine, he will spend 45 days in prison. He received time to pay until May 31, 2022.