BOYLE - A man who walked into the Boyle Field’s store and walked right out the door with a boat received a sentence of 225 days in jail, for that, and driving while prohibited.
In Boyle Provincial Court Jan. 25, Judge Clifton Purvis accepted guilty pleas from Randy Dean Mercier on charges of theft under $5,000 for stealing the inflatable boat from the Boyle department store May 27, 2021, and for driving while prohibited Sept. 16, 2021.
Crown prosecutor Anthony Estephan told court Mercier was identified on video strolling into the store, grabbing an inflatable boat, presumably uninflated, and walking out the door without paying. His vehicle and licence plate were also caught on camera as he drove away. The merchandise was later returned to the store.
Then in May, Estephan said, Boyle RCMP were at Buffalo Lake Métis Settlement to arrest Mercier on warrants and witnessed a white truck leaving the residence as they approached. Speaking to the occupant of the home, the officer learned Mercier had just driven away in a white truck. The RCMP member pursued the vehicle, activated the emergency lights and attempted to stop the vehicle by pulling in front of it at an angle, which Mercier avoided by swerving right onto the shoulder and into grass and pulling ahead of the police vehicle.
The officer was able to positively identify Mercier from previous interactions and was aware he was bound by two different driving prohibitions at the time.
Estephan then introduced Mercier’s criminal record which spanned back to 1991 and included 15 previous charges for possession of stolen property; 13 of theft under $5,000; and six other charges of driving while disqualified. He has also served numerous jail sentences ranging from between two months and two years in that time.
Defence lawyer Peter Keyes told court his client had been at the Edmonton Remand Centre for 127 days, under very strict COVID protocols that see prisoners leave their cells just two hours per day. With enhanced credit that would bring him to 191 days and near a time-served situation. Estephan agreed to the further reduction as part of the joint submission.
Keyes also said there were significant Gladue factors in Mercier’s background but he was waiving a Gladue report before sentencing.
Judge Purvis said he was troubled there was no driving prohibition included and said he wasn’t prepared to agree to the submission unless Mercier was further prohibited from driving, to which both sides agreed.
He questioned how the Crown’s office had determined the sentence calling it “ridiculously low,” but went along with it, adding he was inclined to send Mercier to the penitentiary based on the number of repeated offences on his record.
Judge Purvis agreed to 210 days for the driving offence and 15 days for the theft, along with an additional two-year driving prohibition.
