Baseball bat-wielding robber gets house arrest
A young Yukon man responsible for robbing a gas station with a baseball bat has been sentenced to house arrest due to his cognitive deficits.
A young Yukon man responsible for robbing a gas station with a baseball bat has been sentenced to house arrest due to his cognitive deficits.
Timothy Clinton McKay, 19, was given a six-month community conditional sentence and 30 hours of community service for a number of offences committed between April and September 2016.
He was also given a probation term of two years and a 10-year firearms possession ban.
Territorial Judge Michael Cozens found that there is a risk that McKay could inflict significant harm on others.
A jail term, however, would be counterproductive and not in the interests of society, the judge said.
McKay has diminished moral blameworthiness requiring a lighter sentence, Cozens found, given his Fetal Alcohol Spectrum Disorder (FASD) diagnosis and cognitive deficits.
“Mr. McKay made his own choices, and these led them to where he is today. However, he made these choices from a very different place than some of the other individuals who have committed similar offences,” reads the decision.
“The extent to which he needs to be held accountable must take into account the limitations he struggles with; limitations the root of which were imposed upon him before he even took a breath in this world.”
Early on the morning of Sept. 21, 2016, McKay and two others entered the Petro-Canada station located on Fourth Avenue in downtown Whitehorse wearing masks and demanding cigarettes and money.
McKay was captured on surveillance footage carrying a baseball bat that he repeatedly smashed on the counter during the robbery.
The clerk, who was alone in the store at the time, gave the trio $150 to $160 in cash and multiple cartons of cigarettes.
As he left, McKay told the clerk not to call the RCMP.
Prior to the robbery, McKay had broken into his sister’s home by breaking a window, and stolen a computer tablet.
McKay pled guilty to charges of break and enter to commit theft, escaping lawful custody, mischief under $5,000, uttering a threat, resisting a peace officer and robbery.
According to the Fetal Alcohol Syndrome Society Yukon (FASSY), people with FASD often have physical problems and problems with behaviour and learning because of damage and physical changes to their brains.
McKay’s birth mother used alcohol and cocaine while pregnant, and he was born suffering from symptoms of withdrawal. He was taken into foster care at seven weeks of age and adopted when he was seven years old.
A psychiatric assessment found that McKay has a mild/moderate intellectual disability.
His developmental milestones were all delayed, including speech and language comprehension. He struggled with learning to walk due to issues related to physical development that were impacted by stunted growth.
From Grades 5 to 9, McKay had a full-time education assistant (EA) and was noted as being friendly, co-operative and wanting to please. In Grade 9, he received a scholarship because of his good grades.
But in Grade 10, he was unable to have an EA. He started skipping classes, having difficulties with alcohol and drugs, and hanging out with a negative group of friends.
He said he was using crack cocaine and alcohol on a daily basis.
During sentencing, Crown prosecutor Leo Lane argued that McKay should be given a three-year prison term.
Defence lawyer Lynn McDiarmid said a sentence of 15 to 18 months would be more appropriate.
FASSY told the court that they would assist McKay with his living situation, finding suitable employment, attending legal appointments, and participating in positive extra-curricular activities.
As well, McKay’s former EA noted in a letter provided to the court that he is a hard worker and passionate in regards to bullies and animals.
She said that his drive for peer acceptance and association with the wrong peer group have contributed to his issues.
Cozens found that if McKay continues to use drugs and alcohol and associate with criminally-minded friends, he will commit further acts of violence.
But given the support of his parents and available resources, the judge said, McKay has a good chance at successful rehabilitation.
Cozens found that the 312 days McKay had already served in pre-sentence custody more than dealt with deterrence, and that McKay had a better understanding of the negative impact of his choices.
Comments (9)
Up 0 Down 0
Jeff on Aug 6, 2017 at 6:01 am
"Territorial Judge Michael Cozens found that there is a risk that McKay could inflict significant harm on others.
A jail term, however, would be counterproductive and not in the interests of society, the judge said." Our interests definitely aren't being met with a 'house-arrest'. Armed Robbery is a serious charge that requires a serious sentence. I don't care if his Mom drank while pregnant, society shouldn't have to pay the price for that over and over.
Up 17 Down 0
Josey Wales on Jul 12, 2017 at 8:20 am
I am certain if one got hit in the head by this bat yielding dude...it would hurt less...cuz he is special?
Given all the issues up here, how many irresponsible mothers were charged for destroying another life, more burdens on our good citizens via violence? In my life I never heard of one, why is that?
Two words...political correctness.
Hug your kids, the legal system hates that good folks age and die of natural causes. Identity politics years ago infected our justice system morphed it into a legal system, we see the results everyday in our dysfunctional sty.
Who aided that morph? Why the part time substitute drama teachers daddy via his CoR&F is who. Please never forget this fact.
The fools wish us all defenseless victims, as Canadian law clearly illustrates.
I sure hope these many many many Trevor the human, NCR due to ethnicity or gender, NCR due to drunk or highness, NCR via drunk moms and their SELFISH STUPIDITY...types stay the f**k away from me whilst I live my life...and so do they.
Up 25 Down 0
Groucho d'North on Jul 11, 2017 at 1:09 pm
"A jail term, however, would be counterproductive and not in the interests of society, the judge said."
Just so we're clear on the fundamentals here, perhaps the judge or another in the legal community could explain exactly what the "interests of society" are? Because I don't think we're all reading from the same script. To me, a judge's responsibility includes ensuring the public, or society if you prefer, is protected against any further risks from the offenders before them.
And what happens if they guess wrong and the offender causes more pain and suffering? No skin off the judge-perhaps this is what needs to be corrected? Some accountability for all these bad decisions involving criminals and their lack of appropriate penalties.
Up 24 Down 0
Just Say'in on Jul 10, 2017 at 7:28 pm
We don't have a Justice System. We have a Legal System. Very different.
Up 33 Down 3
Kraka on Jul 7, 2017 at 7:17 pm
Why is it that all the ONUS is on the OFFENDER and not the public per se. The Justice system fails to understand that if a person is incarcerated then they cannot hurt law abiding citizens. Why it is always about the offender, it boggles the mind. This young adult is on house arrest, it will be a week before the police will be chasing him around after he fails to abide by his conditions, then what?
Up 29 Down 2
Rod on Jul 7, 2017 at 5:40 pm
If I ever get in trouble with the law I want the judge judging me to be Michael Cozens. He ain't give nobody any real sentencing...
Up 19 Down 2
Josey Wales on Jul 7, 2017 at 5:00 pm
JC...it is all smoke and mirrors, we are on our own out here...clearly!
They know the risks those judges.
Perhaps you did not get the memo JC?
Since the mid 70's we have been government sanctioned punching and stabbing bags...practice dummies for the poor misunderstood souls that employ that legal system.
Do they care? Seems not as folks who kill these days get time that a tv thief got in the early 70's.
By design...every bit of it.
Up 51 Down 5
jc on Jul 7, 2017 at 4:40 pm
Anger, violence, theft among other things at age 19 and the Judge believes he is no risk to harm others. Well, gee judge, I can sleep better tonight. I wonder what these new age judges are taught in their colleges. Certainly not sensitivity toward law abiding citizens. And oh yeah, "diminished moral blameworthiness", now there's a politically correct term I never heard before.
Come on Judge, take responsibility for protecting the citizens of our Yukon.
Up 58 Down 3
June Jackson on Jul 7, 2017 at 3:56 pm
"Territorial Judge Michael Cozens found that there is a risk that McKay could inflict significant harm on others." ok.. so would that risk be significantly reduced if he were incarcerated? Obviously.
"A jail term, however, would be counterproductive and not in the interests of society, the judge said." Kind of conflicts with the above comment. If he significantly harms others.. would that be considered.. productive then?
We need a incarceration facility aimed at these people.. not quite a jail, but not free either. House arrest doesn't mean anything. Our FASD children are adults now. Some middle ground should be found for them.
I am sure had he badly injured someone with that bat, that that person would have said.. oh..he has diminished moral blameworthiness requiring a lighter sentence, and given his Fetal Alcohol Spectrum Disorder (FASD) diagnosis and cognitive deficits.. that's ok then. Not.