Nearly eight months after a robbery on Mosquito First Nation, both co-accused have been sentenced.
On Friday, Aug. 24, Marty Moccasin was sentenced to five years in jail, less time served, along with a lifetime ban of certain weapons. Moccasin has been incarcerated since January with time served counting as time and a half.
According to RCMP press releases, shortly after 7 a.m. on Saturday, Jan. 6, Battlefords RCMP were notified of a robbery on Mosquito First Nation. A suspect with a firearm had stolen a vehicle. At least one round was fired by the suspect into the ground during the incident, though nobody was injured.
After a police chase, the vehicle was found on 33rd Street in Battleford. Two suspects fled the car as police initially arrived. Marty Moccasin and Jamieson Wahobin were later found hiding in a nearby house.
Moccasin was charged with robbery with a firearm, two counts of pointing a firearm, careless use of a firearm, and wearing a disguise while committing an offence.
Wahobin was charged with robbery with a firearm.
Both were remanded.
In March, Wahobin entered guilty pleas on charges he faced in May and July 2017, respectively.
Moccasin pled not guilty to his charges.
A trial took place in late May. Witnesses took the stand and prosecutor Brenda Korchinski argued to Judge Brent Klause there was 鈥渃lear evidence鈥� from three witnesses that a robbery took place, that the accused pointed a firearm, fired a firearm and stole a black Chrysler 300. The Crown put forward witness testimony Moccasin wore a red bandana during the incident and was a member of the Terror Squad Killers gang.
Defence counsel Murray Pelletier argued the testimony was 鈥渇ar too inconsistent鈥� for a conviction.
Individuals wearing gang colours were seen at the courthouse and escorted off the premises.
Late June, Moccasin was found guilty of seven of eight counts stemming from the robbery. Moccasin was found guilty of robbery with a firearm, pointing a firearm, careless use of a firearm, using a firearm while committing an offence, wearing a disguise while committing an offence, possession of a weapon for a dangerous purpose and breach of recognizance. Moccasin was acquitted on a count of possession of a prohibited or restricted firearm with ammunition.
Police recovered a sawed-off shotgun and a .22 calibre rifle from the vehicle. Klause ruled the shotgun was the firearm discharged at the robbery and Moccasin had been the driver of the stolen vehicle.
Wahobin pled guilty to being the occupant of a motor vehicle in which the person knows there is a prohibited weapon.
In early July, Wahobin was sentenced to 267 days credited time served, followed by nine months probation. A DNA order and a firearms prohibition of seven years were also imposed. The charge of robbery with a firearm was dropped.
During sentencing on Friday, Korchinski sought six to eight years minus one year time served and a lifetime firearms prohibition.
Moccasin鈥檚 criminal record dates back to 2011.
Korchinski read excerpts from victim impact statements, in which victims said they were scared, depressed, paranoid in public, and lost sleep due to the incident.
Korchinski said Moccasin used a gang-related persona, Chillspot, and during the incident wore gang colours.
Pelletier sought four years less time served. Pelletier gave some of Moccasin鈥檚 background: he is 24, has a grade 10 level education, and is a member of Thunderchild First Nation but grew up on Saulteaux First Nation. Pelletier said among other things 鈥渢he breakdown of his family鈥� negatively affected him.
Pelletier said Moccasin expressed a desire to receive drug programming and 鈥渢o keep off the radar and do his own time.鈥� Depending on Moccasin鈥檚 security clearance, Pelletier mentioned the possibility of Moccasin attending a healing lodge such as the Willow Cree Healing Lodge in Duck Lake. The Willow Cree Healing Lodge is a minimum security correctional facility.
Moccasin apologized for the incident.
Klause said he was sympathetic because Moccasin is a 鈥渧ery young man who made some very poor choices,鈥� and said the gang lifestyle 鈥渨ill lead to an early death.鈥� The decision for his sentence, Klause said, was influenced by Moccasin鈥檚 young age and Gladue factors.
Moccasin received a lifetime weapons prohibition under section 109 of the Criminal Code. The prohibition bans firearms, crossbows, explosive substances and other weapons.
Klause acknowledged the Crown may appeal the sentence.
听
听
