A 30-year-old Athabasca man was sentenced to 120 days in prison after he was convicted of Theft of a Motor Vehicle and swearing at the court Sept. 30 in an Athabasca Provincial Courtroom.
Marcel Moise Gambler acted as his own attorney as he stood trial in front of Judge Clifton Purvis for an incident that took place July 15 in front of the Grand Union Hotel in downtown Athabasca.
Crown prosecutor Alison Moore first called Wanda Faith Arnold, the vehicle owner's wife, to the stand to offer testimony as to what happened.
"I was at the Grand Union Hotel between 1:30 to 2:20 p.m. that afternoon when I called my husband William Budz to come pick me up," Arnold said. "Right after he got out of the truck, a saw a gentleman get into the truck and speed off."
Afterward, she said another person approached her and her husband and asked what had happened.
"I described the suspect to her, and she said it sounded like Marcel Gambler, a man who often was found wandering around town talking to himself," Arnold said. "I had seen him around town before, and I even offered him food on a couple of occasions, but I never knew his name until right after this incident."
She said the person then called around and the truck was located shortly after at Kal-Tire.
Under cross examination, Gambler asked her if she saw tags in the window of the truck or if the vehicle was towed.
"No, I do not recall seeing tags in the truck, and I do not remember if the vehicle was towed," Arnold said.
Next to testify was Budz who said he was about 15 metres away from the truck when the suspect took off in his 20-year-old Ford F-150.
"I saw another vehicle take off after my truck. After it was found, my wife and I got a ride over to where the vehicle was located," Budz said. "After we got there, I walked 200 yards towards my vehicle and asked Marcel why he took my vehicle. He said he had no idea it was mine and he handed me back the keys."
Under cross-examination, Gambler asked if he's the registered owner of the vehicle and if he had his registration on him. Budz confirmed he's the registered owner, but that he did not have his registration with him in the courtroom.
"Without proof of registration or insurance, it would appear that he's the one guilty of stealing the car," Gambler alleged.
Roseann Sally Drew testified next which prompted an objection from Gambler as her name was not on the disclosure.
Moore said her name was in the disclosure summary, but Drew did not give a statement to police. Purvis overruled Gambler's objection.
Drew testified she was driving past the traffic lights heading towards the Grand Union Hotel when her daughter informed her that William's truck was stolen. She said she and her son then went towards the Subway restaurant and that they saw the truck heading in a “westward” direction.
"We then went back to the hotel and told my daughter where the truck was," she said. "After we caught up to him, he said he thought it was our vehicle. I then called the owners, as well as Athabasca RCMP. The owners got there 10 minutes before the Mounties did."
Under cross examination, she told Gambler that she was in no way associated with Citizens on Patrol, and that she is aware of what the charge of perjury is.
RCMP Constable Riley Edgar Ogilvie then took the stand. He said that at 6 p.m., he received a dispatch from the operations control centre that indicated Gambler had stolen stole a vehicle from in front of the hotel, and that the suspect was now at Kal-Tire.
"The victims identified Gambler as the suspect, and I was able to arrest him without further incident," Ogilvie said. "I saw the suspect on a daily basis. I have had about 15 calls for service regarding Marcel Gambler since I was stationed here in Athabasca."
Under cross-examination, Ogilvie said that the license plate was registered to Budz, and that it is not always necessary to tow away a stolen vehicle.
After the Crown closed the case, the Defence decided to call no witnesses.
In announcing his verdict, Purvis said that the Crown proved the identification of the motor vehicle beyond a reasonable doubt, and that the ownership of the vehicle was corroborated by all witnesses involved.
During sentencing, Moore mentioned Gambler's criminal record going back to 2004, where he had a conviction for a break and enter. He had similar charges on his record from 2008 and 2011, as well as a theft and assault from 2011, a trafficking and concealed weapons charge dating back to 2014 as well as possessing property obtained by crime from 2016.
A visibly angry Gambler waived his right to a pre-sentence hearing and a Gladue Report, and then cursed at the Athabasca courtroom when the judge asked if he had anything else to say.
"I hereby sentence you to 120 days in jail," Purvis said, adding 30 days to the 90 day sentence the Crown had been seeking.
