WESTLOCK — A Westlock man who committed two break-and-enters at different businesses and stole nearly $9,000 in construction tools was recently sentenced to a year in jail at Westlock Court of Justice on March 27.
Dustin James Shwaga, 32, pleaded guilty to breaking and entering to commit theft, breaking and entering, and disguising his face with the intent to commit an indictable offence. Ten other charges were withdrawn.
Justice Greg Rice sentenced Shwaga in line with the joint submission to 365 days in jail on the first break and enter charge, 365 days concurrent on the second break and enter charge and 90 days concurrent on the disguise with intent charge.
As he had been in custody for 95 days, Shwaga was given credit for a total of 142 days already served in jail on an enhanced credit basis.
Noting that he always follows joint submissions unless they put the justice system into disrepute, Rice told Shwaga that his sentence was nevertheless “on the lower end” of what he could have gotten, and had he not entered a relatively early guilty plea, any of these charges could have netted a year.
Urging Shwaga to change his ways, Rice said he did not want to look in the mirror as a 40-year-old man and see a person who had spent most of his life either in jail or trying to satisfy a drug addiction.
Crown prosecutor Andrew Dirgo said that on Nov. 2, 2023, at approximately 3:50 a.m. in the morning, Shwaga went to the Westlock Shopping Centre at 10211 100th Street where a store was being constructed.
Dirgo said Shwaga pried open a door and proceeded to steal approximately $8,900 worth of construction tools belonging to three individuals.
Surveillance footage showed the accused entering the location with a large toolbox. At approximately 6 p.m. the same day, RCMP located Shwaga, who was wearing clothing that matched what he was wearing on surveillance footage.
Upon being searched, the RCMP also found a drill bit belonging to one of the three individuals.
Then, on Dec. 23, 2023, at approximately 6 a.m., Shwaga went to a business on the west end of town and smashed a large window, causing approximately $1,500 in damage.
Dirgo said these actions were observed by security staff who were monitoring video cameras. They in turn contacted the RCMP, who attended the scene.
He said Shwaga had been wearing an N95 mask to conceal his face, but when police arrived, the mask was laying on the ground beside him.
Shwaga was initially uncooperative with the police, who had to climb up heavy equipment machinery to the second floor of the business to arrest him, as he refused to come down.
Officers took note of some freshly-cut copper wire next to Shwaga, as well as a large black bag next to the smashed window that contained tools, two pair of slip-on footwear and first aid supplies that had been stolen from the first aid station in the building.
Dirgo noted that Shwaga had a recent and related criminal record with various property-related crimes in recent years.
Overall, the Crown felt a global sentence of a year in jail was a fit and appropriate sentence given Shwaga’s guilty plea.
Defeence lawyer David Keyes said there were trialable issues in relation to the first set of circumstances as video surveillance is often not considered a reliable method of identifying an accused.
However, he acknowledged that Shwaga was “caught red-handed" during the second break-and-enter.
Keyes said Shwaga had gotten mixed up with drugs at an early age and “made some really bad choices when he didn’t have the capacity to understand the consequences.”
He said the young man has acknowledged that he is living “a really crappy life,” bouncing in and out of jail and having to feed “this other hunger’ when he is not behind bars, which has resulted in homelessness and “humiliating poverty.”
