WESTLOCK – One of two men involved in the early-morning burglary of a downtown business in February, then caught driving a stolen van in the summer, will be out of jail by Christmas.
Appearing via CCTV from the Edmonton Remand Centre in Westlock Provincial Court Nov. 24, Thomas Trevor Foss pleaded guilty to shopbreaking with intent, possession of stolen property under $5,000, operating a motor vehicle while prohibited, failing to comply with release order conditions and failing to comply with an undertaking. Two additional counts of failing to comply with an undertaking, along with charges of driving with no insurance, driving while unauthorized and disguised with intent were withdrawn.
Judge Rosanna Saccomani, who was presiding from St. Albert Provincial Court via Webex, sentenced the 41-year-old father of two teenagers to 180 days in jail, midway between the 205 days Crown prosecutor Barry Loutit had asked for and the time-served sentence defence lawyer David Keyes sought.
Judge Saccomani, who had initially picked a 190-day sentence, lowered it by 10 with the expectation Foss will be released before Dec. 25. Foss was credited with 129 days in custody —he’s served 86 actual days — and Keyes said he expects his client will be out of jail before Christmas as he’ll only serve two-thirds of the remaining sentence.
While noting his “very long” criminal record, one that included a pair of six-month jail sentences for theft of a motor vehicle, Judge Saccomani hoped Foss will clean up and become a good father to his children, who currently reside with their grandmother. While the judge did waive the victim fine surcharges, Foss was barred from driving for six months, while an additional six-month driving ban will be administered by the province.
“Mr. Foss, I have no doubt that you have a strong history of addiction, but at some point you’re going to start thinking about the example you’re setting for your children. You’re following in your father’s footsteps who had a history of incarceration,” said Judge Saccomani.
“You need to work harder and stay out of trouble. I’m just going to ask you to give them the best Christmas present of their lives and that is to deal with your addictions as soon as possible.”
Keyes told the judge that Foss, who identifies as a member of the Buffalo Lake Métis
Settlement, had a tough upbringing that saw his parents split up and his father serve time behind bars. That upbringing, Keyes said, led Foss to drugs and alcohol as a teenager and a “prolific” criminal record during his 30s.
Keyes said Foss has made numerous attempts to get free of addiction and is “ashamed of his behaviour” and “frustrated with himself.” Keyes, noting his client waived his right to Gladue Report, also called current conditions at the ERC “miserable” saying inmates are under frequent lockdowns.
“I know I’ve totally screwed things up. I take full responsibility for my actions. You’re right, they (his children) do suffer and they do want to be with their father. Even though they do have family around them I do know what my son is going through and what my son is feeling,” said Foss to Judge Saccomani, before breaking down in tears.
The crimes
Loutit said that at around 4 a.m., Feb. 15, Westlock RCMP responded to a break-in at the Needful Things store located downtown. Foss, one of two men involved in the burglary, pilfered a sword, necklaces, rings, a baton, seven different cameras, a CN backpack and “a bunch of root beer.” The items, valued at less than $5,000, were never recovered.
Then on April 18, Foss was supposed to meet with a probation officer and never did.
On July 20, a Westlock County peace officer pulled over Foss who was driving a van that belonged to Scot-Tel Communications. The officer knew the owner of the van and called him to find out whether Foss had permission to drive it.
“The owner verified the van had been stolen sometime over the previous night or early-morning hours. Police arrived and arrested the accused, while the owner of the van noted a laptop was missing from the vehicle,” said Loutit. “And at the time of this offence the accused was criminally prohibited from operating a motor vehicle.”
Finally, on Aug. 11, Foss was bound by an undertaking that included a curfew. When police went to check on him at 2 a.m. he wasn’t at home and police were told that he had went to Boyle.
