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BARRHEAD – One of two individuals involved in a rash of vehicle thefts that nearly resulted in an employee at a local dealership being run over was sentenced to six months in jail at Barrhead Provincial Court on Sept. 21.
Daniel Buehler, 26, pleaded guilty to possession of stolen property valued at over $5,000, assault with a weapon and failure to comply with the conditions of a release order. Six other charges were withdrawn.
Judge Robert Shaigec sentenced Buehler to 180 days in jail on the possession charge, another 180 days to be served concurrently on the assault charge and 30 days to be served concurrently on the conditions charge.
Buehler was credited for the 96 days he had already spent behind bars on an enhanced-credit basis of 1.5 days for each day served. That totaled 144 days, leaving him with 36 days left to serve.
Judge Shaigec also handed down a 10-year weapons prohibition and ordered Buehler to provide the police with a sample of his DNA. Victim fine surcharges were waived.
Crown prosecutor Anthony Estephan said that on June 18 at approximately 10:18 a.m., the Barrhead RCMP received a complaint from the owner of a 2004 Ford F-350 that his vehicle had been stolen.
The vehicle-owner reported that a white Ford F-150 transporting two men had parked behind his truck and one of them was responsible for stealing his vehicle. Both the Ford F-350 and the Ford F-150 left the scene.
Estephan said that not long after, RCMP received a report from an employee at a local dealership in Barrhead that two men, one of whom was Buehler, had arrived at the business in a white 2018 Ford F-150.
The employee reported Buehler and the other male entered the dealership while he was speaking with a client, Estephan said. They then stole some vehicle keys from one of the offices at the dealership.
Not realizing what had been stolen, the employee came over to ask if they needed help. They responded that they were bringing in their 2018 Ford F-150 for an appraisal.
Estephan said Buehler and the other man then walked outside and began trying the keys they had stolen. Buehler stole a white 2002 GMC while the other man stole a red GMC.
As Buehler tried to leave the dealership lot, Estephan said the employee tried to block his path by standing in the exit. However, Buehler attempted to run over the employee, who was forced to jump away in order to not be injured.
RCMP arrived on the scene shortly after and one of the constables observed the white 2018 Ford F-150 left behind by Buehler and the other suspect. It was determined the vehicle had been reported to the Edmonton Police Service as being stolen.
Shortly thereafter, Estephan said police located the white GMC with Buehler behind the wheel. He complied with the RCMP’s commands and was arrested without incident, though police found a knife in his waistband and a can of bear spray in the centre console.
RCMP then received a report that the stolen 2004 Ford F-350 had been spotted on Township Road 613 near Highway 769 in the County of Barrhead, Estephan said.
A constable attended the location and confirmed it was the stolen Ford F-350. They also located a ticket on the scene that had been given to the owner of the 2018 Ford F-150 by the Red Deer RCMP.
Estephan noted that at the time of these offences, Buehler had a suspended licence and was bound by a release order to be under house arrest seven days a week, 24 hours a day.
He was also supposed to abide by conditions to not be in any motor vehicle without the owner present or to possess anything intended or designed to be a weapon.
The Crown’s position on sentencing was 180 days in custody on the possession charge, 180 days concurrent on the assault and 30 days on the breach of a release order.
Estephan indicated Buehler’s early guilty plea and acceptance of responsibility was mitigating. However, his lengthy criminal record, which included a number of recent and related offences was aggravating.
“By the Crown’s count, within the last 10 years, there appears to be 14 previous convictions for (property-related offences), for which he received a period of custody between the four-month and six-month range,” he said, noting the one exception was a robbery charge that resulted in a longer stay in jail.
It was also aggravating that Buehler was a suspended driver and supposed to be under house arrest at the time of this offence. Estephan also noted that this is a rural property crime and property-owners are much more vulnerable to crime than people in urban areas.
Defence lawyer Robert Kassian said his client is living with his mother and has two twin sons who are both 11 months old.
Kassian said Buehler has struggled with alcoholism and occasionally with methamphetamines but was “doing better” while living with his mother.
“Unfortunately, he advises that he sort of slipped into his old ways," Kassian said.
He said Buehler was requesting a custodial sentence of 150 days followed by a year of probation, which would assist him with his addiction issues.
Judge Shaigec said Buehler’s early guilty plea “significantly reduces the sentence” he would otherwise receive, as it saves the court time and resources.
However, the judge noted the offence was “frighteningly serious,” both in the fact that it occurred in a rural area and because an individual was nearly run over.
"As a result, the court needs to send a message of deterrence and denunciation,” Shaigec said.
He also noted that Buehler had a very troubling criminal record with at least 80 previous convictions, most of which were property-related.
As well, Buehler was driving while suspended and subject to house arrest at the time of the offence. “I can’t think of a more blatant breaching of a court order,” the judge said.
In the end, Shaigec rejected the defence's request for 150 days and a year of probation as he was not satisfied that probation would have any of its proper effect.
