Photo by Whitehorse Star
BEFORE IT'S TOO LATE – On Friday territorial Judge Donald Luther told a 21-year-old man convicted of committing an armed robbery and an assault to turn his life now rather than when he reaches his 60s.
Photo by Whitehorse Star
BEFORE IT'S TOO LATE – On Friday territorial Judge Donald Luther told a 21-year-old man convicted of committing an armed robbery and an assault to turn his life now rather than when he reaches his 60s.
Don’t wait until you’re 60 to quit crimes.
Don’t wait until you’re 60 to quit crimes.
Territorial Judge Donald Luther made the comment to a young American man who was being sentenced Friday for an armed robbery downtown and a violent assault at the Whitehorse Correctional Centre (WCC).
Benjamin Harper, 21, had pleaded guilty to both offences.
The judge sentenced him to three years in jail for the robbery and eight months less a day for the assault, to be served consecutively.
With credit for time spent in custody, Harper will have two years less a day to serve at WCC.
The judge commented that too often, he sees career criminals who only decide to quit committing crimes once they’ve reached their 50s or 60s.
“What a useless life that is, bouncing in and out of jail,” he said.
“I hope you don’t fall in that category.”
In handing out the sentence, Luther followed a joint submission the Crown and defence had put to the court.
The armed robbery dates back to Feb. 24, 2015.
Crown prosecutor Eric Marcoux read an agreed statement of facts to the court detailing the day’s events.
At around 5 p.m. that day, Harper and James Graham entered Kustom Phone Repairs on Elliott Street, the first armed with a machete and the second with a baton.
They threatened the shop owner, two employees, including one who was visibly pregnant, and a customer.
When the owner handed out the cash he had, Harper told Graham to punch him, which he did, because he didn’t believe that was the only cash the owner had.
They left with $310 and an iPhone.
A witness told police he saw them flee in a Chrysler car.
But the house the two men returned to was under surveillance by the police after a drive-by shooting that occurred in the Yukon Inn parking lot on Feb. 20, 2015, injuring a young woman.
As the two men left with a group in a Jeep, police arrested them.
They recovered a small axe, rubber masks, some cocaine, a machete and a key for a Chrysler vehicle.
Harper also had $2,000 on him.
The second offence happened on April 17, 2015.
Harper, Robert Gilbert and Joshua Saskiw burst out of their cells at around 9:45 that night to beat up another inmate, according to a second agreed statement of facts.
The three men punched and kicked Jeffery Redick, some using a weighted sock.
The victim was part of a rival gang, the court heard.
Redick’s injuries required stitches, Marcoux told the judge.
“It was caught on video; the victim didn’t have time to fight back,” Marcoux said.
Saskiw received a 12-month sentence while Gilbert was given a nine-month sentence for the assault.
“He came to Whitehorse as a result of wrong choices,” his lawyer, Vincent Larochelle, told the court.
Harper, originally from Mississippi, moved to Canada six years ago with his family.
He lived in Edmonton before moving to the Yukon.
Larochelle emphasized his client’s willingness to learn, and the fact he took responsibility for the crimes he committed.
Addressing the court, the 21-year-old apologized and told the judge he was taking “full responsibility” for his actions.
He is enrolled in several courses at Yukon College through the jail, and has earned good grades in several classes.
He also took part in counselling and programming offered at WCC.
Harper wants to pursue a degree in kinesiology once he is released.
This is his first adult conviction, his lawyer said.
Larochelle asked the judge to follow the joint submission, especially because of his client’s legal status in Canada.
A sentence in a federal penitentiary, over two years, could see the man’s permanent residency be revoked.
The judge imposed a three-year probationary period but told Harper the conditions attached to it could be transfered to Alberta, where his family lives.
Harper also has pending charges in Alberta.
Of the $2,000 seized, the judge agreed that $1,450 should be returned to Harper.
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Comments (14)
Up 8 Down 4
Josey Wales on Mar 16, 2016 at 5:37 pm
Hey Paul...yeah about that voting thing for inmates?
Yes Paul they do vote. Who made that happen in our history you may ask?
Yes P.E.T., and his/parties "policies" . it has been that way since 1982.
It makes progressives and other SJW's feel warm and fuzzy when cycles of lunacy repeat themselves.
Boy are we stupid...in my mere opinion.
like really reaaaally stupid.
Up 9 Down 6
paul on Mar 15, 2016 at 8:02 pm
This was a joint submission. Someone needs to tell Pas and his crew to direct the justice department to get tough. Criminals don't vote the rest of us do. Oh wait - Pas mentor was happy with soft sentences.
Up 33 Down 2
To Much Of This Going On on Mar 15, 2016 at 5:28 pm
I no longer rely on 911, the RCMP, or the complete joke that comprises the Yukon legal system for the safety of my home. I'm a firm believer in being judged by 12 rather than carried by 6 and any criminal trying to gain entry to my home or harm my family members had better hope the cops respond quickly for his sake!
Besides, all I'd get for defending myself or my family is two years less a day in the Whitehorse Hilton with 3 square meals a day and cable tv. Heck a jail guard might even supply me with the recreational product of my choice to help pass the time anyways!
Up 15 Down 5
Josey Wales on Mar 15, 2016 at 4:28 pm
Hey JC...good point. However one other, nnnKay?
If it were in Amurika, likely he would have been shot repeatedly by a "good" Samaritan or the shop tenant.
Actually if he would have done this in Canada pre-1975ish...he would have been shot.
We must remain victims to criminal scum now, thank the daddy of the "substitute drama teacher" for that one.
The courts are beyond a joke, we are on our own out here folks.
as per...act accordingly.
Up 15 Down 4
billy on Mar 15, 2016 at 3:10 pm
All this tells us is as store owners and civilians you should be armed in some way or another and when someone robs you defend yourself accordingly in self defense because the law's of Canada certainly won't
Up 9 Down 0
Adele Sandrock on Mar 15, 2016 at 12:23 pm
Snowy tree cricket: Please enlighten me and tell me, why Kustom Phone Repair
was chosen. Don't drop just hints, spill the beans.
Up 39 Down 3
jc on Mar 14, 2016 at 9:56 pm
Now we wouldn't want to see this perp deported, after all he is still in training. He has so much more to offer Canada. Too bad he wasn't sentenced in the US, he would be serving at least 15 years in hard stir. If you do a crime in Canada, don't worry about serving the time.
Up 37 Down 1
woodcutter on Mar 14, 2016 at 7:49 pm
This guy should be deported, and let him be the Donald's problem.
Up 75 Down 2
ian Robertson on Mar 14, 2016 at 5:52 pm
The sentence is absurd. As the building owner and the person that intervened when the robbery was taking place, justice was not done. In addition to threatening the owner and his pregnant partner they threatened to kill me for intervening so we have an armed robbery by masked intruders with violence, and property damage. Not mentioned is the fact that the RCMP took 20 minutes to arrive on scene when they could have arrived in 5 minutes at a normal walking pace and actually caught them in the act. Not only does the judge go out of his way to encourage Harper to turn his life around he basically overlooks the jail assault and gives him part of his money back. My tenant hasn't got his money back and I lost another tenant as a result of the armed invasion. That cost is $900 in terms of lost rental income and finding a replacement. The RCMP was supposed to keep us informed and the first we hear is that they approached one of the victims just before the trial for an impact statement but not the rest of us. The criminal gets to know who writes the impact statement but we don't get to know their name until the trial. I in turn was never contacted or asked if I wanted to submit a victim impact statement.
To sum up, Mr. Harper was a landed immigrant and an adult. Not only is the length of sentence an insult but why wasn't he deported and allowed to serve his time in a Mississippi jail. Compared to a southern US jail he gets to stay and get coddled in our jail at our expense which in our jail at a taxpayer cost of about $140,000. Whatever happened to common sense and accountability? Whatever happened to my rights as a law abiding citizen? It seems crime does pay.
Up 42 Down 1
Snowy tree cricket on Mar 14, 2016 at 5:44 pm
Why are we giving punks like this a break? I think we all know why the kustom phone repair was chosen, and there is more to this story but this kid isn't getting any better from here I'm sure.
Up 42 Down 2
Damien Lankow on Mar 14, 2016 at 5:41 pm
We are far too lenient here. Give him the 3+ years fed time and let him get deported. What a joke.
Up 55 Down 2
You Gotta Be Kidding on Mar 14, 2016 at 3:32 pm
Wow, you look at all the crimes this person has either done or been associated with and he still received the good old 2 years minus a day plus time served! As usual, the light sentences handed out are ridiculous and in no way reflect the gravity of the crimes being committed. As I read it there was an armed robbery and assault, later drug possession in a vehicle, associating with a residence/ people under investigation for a previous drive by shooting in Whitehorse, then another assault while in the jail! Seriously, what do you have to do in this territory to get a prison sentence of over 2 years plus time served! Even if this sentence was agreed to by the crown and defense, what is the crown doing agreeing to such light sentences for these serious crimes? If this person is a gang member as the story suggests, he'll be right back at it the day he gets out of jail.
Up 30 Down 0
Rod on Mar 14, 2016 at 3:21 pm
Haha $310 dollars for 3 years of your life in jail. Plus a fine and a nice handy criminal record to go with it.
Seem worth it doesn't it?
Bunch of idiots! Get a job like the rest of us.
Up 30 Down 6
Josey Wales on Mar 14, 2016 at 2:52 pm
A young American? He must have been white to get time Vs. a group hug?
In the words of Donald Drumph..." get 'em outta here"
Oh yeah, bill the equity prez for the costs.