ATHABASCA – A local man who attempted to steal a snowblower in February will perform 40 hours of community service as part of his conditional discharge, after he confessed to RCMP officers that he took it because he “was hungry.”
In Athabasca Court of Justice June 12, Kyle Witiuk pleaded guilty to theft under $5,000 and mischief damage under $5,000 as part of a plea deal with Crown prosecutor Sean Humes. As part of his plea, additional charges of shopbreaking with intent and possession of break-in instruments were dropped.
Justice Gordon Putnam accepted the joint submission from Humes and Witiuk, who assured the Justice that while he was self-represented, he had spoken with a lawyer and understood what he was pleading guilty to.
Witiuk’s discharge includes conditions to keep the peace and be of good behaviour, appear before the court when required and report to a probation officer within two business days and then as directed. It additionally includes 40 hours of community service which Witiuk will have 11 months to complete, a prohibition on having tools on his person outside of work or his residence, and a ban from the Canadian Tire in Athabasca.
“Justice in my respectful submission the test has been met here, it is of course in Witiuk’s best interest that he receive a discharge, and it’s not contrary to the public’s interest given that the snowblower was able to be recovered,” said Humes during his submission. “Nothing further was taken as far as the Crown was able to determine, he admitted to the police that he was trying to steal because he was hungry, it was February, it was winter.”
The facts
Humes told court that on Feb. 28, 2023, at 12:03 a.m., Athabasca RCMP were called to a break and enter at the Canadian Tire in Athabasca. The property representative for Canadian Tire was watching a man in the progress of cutting a hole in the fence, then enter the western portion of the compound and dragging a snowblower out the hole.
Athabasca RCMP attended the scene and were able to locate the hole in the fence, as well as the snowblower which had been hidden about 50 feet from the fence. Witiuk was located walking away from the scene, wearing clothing that was a perfect match to the surveillance footage. Witiuk also confessed to cutting the fence, and tools for breaking and entering were found on his person, including a wire cutter.
