WESTLOCK – An untreated schizophrenic who smashed three windows at the Westlock Community Daycare earlier this spring in what he called a “cry for help”, faces a year-long suspended sentence that includes counselling and treatment.
Appearing in Westlock Court of Justice Aug. 2 via CCTV from the Edmonton Remand Centre (ERC), Ricky Graham Byer, 36, pleaded guilty to mischief-damage over $5,000, while a second charge of threats to cause damage was withdrawn by Crown prosecutor Anthony Estephan.
Justice Thomas Achtymichuk agreed to the joint-sentence submission from Estephan and defence lawyer Yodit Kidane that’ll see Byer, who’s been behind bars at the ERC since May 18, serve a year of probation as part of a suspended sentence that includes conditions like treatment and counselling. Byer has also been banned from owning any weapons and from being within 100 metres of the daycare, while Justice Achtymichuk waived the victim-fine surcharge as Byer told court he’s been out of work “for over a year.”
While Estephan noted Byer’s three-page criminal record dating from 2007 to 2016 included a couple of property offences, he said the man has “significant mental health concerns” and the probation order aims to help him. Kidane said Byer, a Westlock native, has recently been diagnosed with schizophrenia “however there’s been no treatment yet” but he will follow-up with his doctor after being released from the ERC.
“When I take into account the fact that you have a diagnosis of schizophrenia and there are some mental-health challenges and something like two-and-a-half months of pre-sentence time in custody and your record, I think this meets the public-interest test for a joint submission and I will accept it,” said Justice Achtymichuk.
The crime
Estephan told court that at 2:41 p.m., May 6, 2023, daycare staff called Westlock RCMP and told them a man with a small object in his hand had smashed three windows at the facility.
The staffer then saw the man leave and enter trailer No. 17 at the trailer park just to the east of the facility.
When police arrived, they found Byer lying on a couch outside a trailer and placed him under arrest.
“The accused was bleeding from his right hand and was placed in handcuffs. He declined to speak to a lawyer and when a statement was conducted, he said he had been at the daycare because it was ‘a cry for help,’” said Estephan, adding damage to the building was estimated at more than $5,000.
