Six-month sentence for bicycle robbery equals time served
October 6, 2021
Judge G.W. Paul
Dakota Richard Auger (27), of Slave Lake, appeared via closed circuit video from Edmonton Remand Centre. He was sentenced for robbery.
On June 7, 2021, Auger was found guilty after a trial. The crime happened on May 13, 2019.
In determining the sentence, the Crown prosecutor, Judge Paul, and defence referred to Auger’s criminal record, the facts which were proven at trial, and Auger’s Gladue Report.
The facts of the crime mostly laid out by Judge Paul were as follows:
On May 13, 2019, Auger and a group of people were walking down the ‘bear trails’ in Slave Lake. The victim approached them on a bicycle. Two of the other people in the group demanded that the victim give them the bike and threatened him if he didn’t. The victim hesitated. Auger threatened the victim if he didn’t hand over the bike. The victim gave the bike to the other two. At some point, Auger handled the bike.
Auger has severe ‘Gladue factors,’ said the defence. Auger isn’t a member of Bigstone Cree Nation, but has family ties to this First Nation. He grew up in Wabasca. His mother’s parents both attended residential schools. Auger’s father died of a drug overdose when Auger was young. Auger had a very traumatic childhood which included emotional and physical abuse, exposure to substance abuse, and poverty. Auger started using alcohol and marijuana in his early teens and graduated to hard drugs, including heroin. He also got involved in gang activity.
While in remand, Auger cut his ties with the gang, said the defence. He was beat up a few times because of this. He has been in remand since May 2021, and has been sober since then. He’s considering attending residential treatment for the first time.
Auger’s criminal record is long and mostly unbroken, said the Crown.
The Crown and defence differed wildly on the sentence. The Crown recommended two and a half years in jail. The defence recommended four to six months.
The crime was a mugging, said Judge Paul. However, as no weapon or no physical force was used, it was on the low end. Even a ‘true mugging’ only results in 18 months (one and a half years) in jail, he added. Without Gladue factors, this crime would normally warrant a nine month jail sentence.
Auger was sentenced to six months in jail. This equaled time served. Auger was also ordered to submit DNA and prohibited from possessing some firearms for 10 years after his release and others for life.
At trial, Elijah Rahim Beaver changed his plea to guilty of aggravated assault.
On July 9, 2020, Beaver was driving the victim’s car in Slave Lake, said the Crown. The victim (a 24-year-old man) was in the passenger seat and two youths were in the back seat. Beaver and the victim had been drinking all day. They were also drinking in the car. The car crashed into a picnic table at the Slave Lake RCMP detachment.
Beaver and the victim got out, said the Crown. They started arguing. The victim said something about Beaver or his family. Beaver punched him in the face. The victim fell to the ground. Beaver kicked and stomped the victim’s head and face.
The RCMP guard heard the crash and came outside, said the Crown. He found the car and the victim unconscious by the picnic table. He saw a man in black jeans and a hoodie get something out of the vehicle and leave the scene. The guard contacted a police officer, who was already on patrol trying to track down a drunk driver.
The officer went to the victim, said the Crown. The victim was unconscious with extreme injuries.
On the day of the crime, the RCMP officer went looking for the man in the green hoodie and black jeans, said the Crown. When he returned to the RCMP detachment, the victim’s car was gone. The RCMP officer went looking for the car. He found the car abandoned on Main St. Somehow he identified that a man in a green hoodie and black jeans left the car there. He also identified the driver as Beaver.
EMS flew the victim to Edmonton, said the Crown. He had brain damage and is only now beginning to remember what happened that night. He spent over a month in a brain rehabilitation centre, and is still under the care of a physician for the injuries sustained in the assault.
The Crown also submitted a social media post that Beaver made on July 14, 2020 apologizing to the victim and his family.
Gladue and presentence reports were ordered, so sentencing will be February 16, 2022.
Raymond James Foss changed his plea at trial to guilty of three crimes. These were failure to attend court (x2) and breach of release conditions. The Crown withdrew others.
Twice Foss didn’t attend court, said the Crown.
On June 6, 2020, Foss was under conditions to be at his residence in Widewater 24 hours a day seven days a week, said the Crown. An RCMP officer came to the location to check. He was told by another inhabitant that Foss wasn’t there, but that he was living in a cabin on the property. The officer went to the cabin. It was locked from the outside and appeared to not have been lived in for a while.
Foss received a conditional sentence of six months probation for breach of conditions and was fined $200 plus a victim fine surcharge for failure to appear. The total fines were $520. He received time to pay until May 4, 2022.
The conditions of the probation were to keep the peace, report, and have no contact with two people or be at a residence connected with a charge that was dismissed.