NORTH BATTLEFORD – A judge ruled he couldn’t find someone guilty of a crime on the basis of wearing the same jeans.
On Friday, Judge Ian Mokuruk found 36-year-old Eugene Bear not guilty of numerous break and enters to businesses in North Battleford in September and October. A one-day trial was held in North Battleford Provincial Court on Oct. 31.
“There is no evidence other than general appearance,” said Judge Mokuruk.
Crown prosecutor Brittany Rankine had argued that Bear’s clothing seen in some of the videos of the business break and enters was the same as those seen in a video taken from a police cruiser when RCMP were called to the bridge between Battleford and North Battleford about a distressed man on the bridge. The video shows some of the same distinct clothing of ripped jeans and black runners with white trim. The man told police his name was Eugene Bear and gave his date of birth. The officer drove him to the Lighthouse, an emergency shelter.
She had also argued that the break and enters in September and October of 2021 were similar to those in April of 2021, which Bear had pleaded guilty to earlier this year and was sentenced on Friday.
Judge Mokuruk, however, disagreed, saying that the pattern of the crimes – a large object thrown through a business window – was not so unique to be committed by the same person.
Bear pleads guilty to previous break and enters
Bear had pleaded guilty earlier this year to break, enter and thefts to businesses in April 2021 and on Friday he was sentenced to 20 months in jail for those crimes. He was given 18 months credit for time served in custody while on remand.
In one of the incidents, court heard that Bear stole an electronic device from a taxi cab driver. Judge Mokuruk cautioned Bear that the police could have charged him with robbery and if they had, Bear would have been facing a longer jail sentence.
Judge Mokuruk said business break and enters are a problem in the Battlefords and Bear’s sentence must act as a deterrence to others.
“They aren’t large, corporate retailers. They are small family businesses, which increases their level of vulnerability."
He added that he wasn’t minimizing break-ins to larger businesses but rather it’s more difficult for the smaller family-owned businesses to absorb the costs.
Judge Mokuruk also granted the Crown’s request for Bear to pay $18,209 in restitution for damages to one of the businesses.
Bear apologizes for his crimes
Before sentencing, Bear apologized to the court for the break and enters in April 2021.
“I take full responsibility for the things I have done,” he said from the prisoner's box. “I was in a bad way with addictions.”
He said he has been off of drugs for the year that he has been in custody and is reaching out for help to deal with his addictions.
“I have finally reached out to God too and I have been praying for a better future.”
He said that he did reach out to STR8 UP and has completed some college courses and wants to finish an arts program he started.
Defence Laura Mischuk told the court that Bear’s parents and grandparents were victims of the colonial residential schools. She said that he has experienced domestic violence and went into a deep depression when his sister died two years ago.
“It was essentially what brought him into a very deep depression and addiction issues.”
Mischuk told the court that Bear has a limited criminal record and no prior break and enter convictions.
Judge Mukuruk said he agreed with defence that there were significant Gladue factors in Bear’s situation and he took them into consideration when he sentenced him.
“I certainly sympathize with your background,” said Judge Mukuruk. “No one can extract themselves from that situation on their own.
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