A North Battleford, man who was one of several people accused in connection to a string of ATM thefts in the Northwest, has been sentenced to jail.
Gabriel Poundmaker, 19, was sentenced to three years in a federal penitentiary on 10 counts against him.
He had earlier pled guilty to dangerous operation of a motor vehicle, flight, theft, breaking and entering, possession of a break-in instrument and possession of property obtained by crime.
The sentence was handed down Tuesday in provincial court in North Battleford. As well, Judge David Kaiser issued a stand-alone restitution order to cover the amount of damage done to property and the value of the items stolen. That amount is estimated to be between $186,000 and $188,000.
The sentence is in line with the Crown's recommendation of three to four years. The defence called for a sentence range of 28 to 30 months.
It was a sad scene in provincial court where Poundmaker was sentenced. Several family members were in the front row of the gallery inside the courtroom to tearfully bid farewell to Poundmaker before he was led away to serve his sentence in a federal penitentiary.
According to the facts presented in court, Poundmaker was involved in a string of thefts and robberies that hit several communities this summer, many of them involving the theft of ATM machines and their contents. Most of the incidents are alleged to also include the involvement of co-accused Garvin Martin.
The incidents began July 6 when a Chevy Silverado in Radisson was reported stolen. That vehicle was later used in the thefts that hit the area surrounding North Battleford and Prince Albert.
Poundmaker later admitted guilt to a possession of stolen property charge involving that vehicle, and gave a statement to police where he denied responsibility for stealing the vehicle but claimed to be there when it happened.
The string of thefts and break and enters that took place usually took on a familiar tone, with convenience stores and co-operatives usually targeted for the thefts in the early morning hours. The businesses would inevitably report doors being broken into and several items stolen, with ATM machines either stolen or at least targeted for theft.
The incidents Poundmaker admitted to started July 11 at the Mervin Co-op where doors were smashed in and a number of items stolen, including cigarettes, hardware, household items and food.
This was followed up with a similar incident at the Spiritwood Co-op, where the front door was smashed and rubber marks were left on the cement. Again, several items were stolen.
July 14, the Mervin Co-op was discovered broken into again, with more cigarettes, food and household items stolen. Items stolen were later found by police in the apartment of Poundmaker's co-accused, Garvin Martin.
The next business hit was Shell Lake Esso July 19, where over $1,700 in damage was caused when Poundmaker and other individuals tried ramming their truck into the door around 2:30 a.m. The proprietor caught the perpetrators inside the store and they quickly fled.
Later that day around 3:15 a.m., the Spiritwood Esso was hit. According to the facts in court, Poundmaker and, allegedly, Martin gained entry and stole the ATM machine in the building. Damage to the ATM machine was estimated at $5,472 and there was over $4,600 inside the machine itself. Total damage was estimated at $13,000. The missing ATM later turned up in a farmer's field July 22.
Poundmaker also admitted guilt to a July 23 break and enter at the M and S Convenience Store at Muskeg Lake First Nation, where an ATM machine was stolen along with 48 cartons of cigarettes. Also that day around 3:20 a.m., cigarettes and an ATM machine were stolen at another gas station in Blaine Lake.
By this point several RCMP detachments launched a co-ordinated effort to find the perpetrators of the ATM incidents, with several suspects being questioned.
Three days later, on July 26, another ATM was stolen, this time from the Meadow Lake Co-op Market Place at around 2:35 a.m.. According to the facts submitted, Poundmaker, and allegedly, Martin and a third unidentified individual, were involved in that theft. Nearly $60,000 damage was caused at that location. Surveillance video and a victim impact statement was filed in connection to that incident.
July 31, the Crown stated Poundmaker, and alleged Martin and a third unidentified individual made two attempts at stealing the ATM at the co-op gas station in Big River. The ATM was reported missing following the second break in attempt at 5:57 a.m. The three individuals committing the break in were seen covered in hoodies and wearing gloves. Surveillance video was played by Crown prosecutor Nicole Leinenweber, with the ATM theft shown taking place over a span of less than two minutes.
It was a similar scenario Aug. 9 in Debden, with yet another ATM stolen from a local business.
Aug. 10, Spiritwood RCMP were called to Village Video in Leoville where three individuals were reported attempting to steal an ATM with their vehicle. This time, the individuals failed to remove the ATM and fled the scene, along with cigarettes and other items stolen from that store.
Police attempted a roadside stop of the vehicle, but that didn't work as the vehicle attempted to evade police. In the facts outlined in court, a pursuit ensued at 160 km/hr with Poundmaker in the driver's seat. Eventually the vehicle stopped and both Poundmaker and co-accused Martin were able to escape, leaving a third person - a 15-year-old youth who cannot be identified under the Youth Criminal Justice Act - to be apprehended.
A search warrant was issued for Martin's apartment in North Battleford and was executed Aug. 11, with police finding hardware, tools, and several items from the Mervin Co-op break and enter. Martin was arrested in Medstead.
Poundmaker was arrested on a routine stop in Yorkton Aug. 14. According to the Crown, police found several items from the Mervin Co-op as well as other items. The Crown indicated Poundmaker was co-operative with police and stated both he and Martin were responsible for what happened.
The 15-year old was also arrested and charged, as was Martin's girlfriend ,Bonnie Mooney. The other cases continue to make their way through the courts.
In calling for a three to four year sentence Leinenweber noted planning and organization was involved in the thefts, as well as the fact some victims were hit more than once.
Both counsel also took note of Poundmaker's lengthy youth criminal record going back to when he was 12 years old. Defence lawyer Donald MacKinnon noted this was his first adult offence.
Both the Crown and defence noted they had difficulty finding similar cases as precedents for sentencing. MacKinnon took note of the sentences handed down against Kevin Sider, who was convicted and sentenced in North Battleford provincial court to three years for stealing an estimated $150,000 in wheels and tires from a number of car dealerships in the Northwest. Sider also received three years in Alberta for $350,000, again relating to stealing wheels and tires.
MacKinnon called for a sentence less than what Sider got, in the range of 28 to 30 months. Judge Kaiser, however, imposed the three-year sentence, noting the level of invasiveness was far less in the Sider case.
In this instance, places where people socialized got damaged, Kaiser noted. The judge also expressed concern that the incidents might discourage businesses in small towns from having ATMs- something that was a valuable service in small communities.
There was also considerable discussion by counsel about the restitution order. The order could result in Poundmaker facing a mountain of individual lawsuits from insurance companies while in jail. In the end, Kaiser opted to impose a standalone order.
Before he was sentenced Poundmaker was given the opportunity to speak, and he expressed remorse for what happened.
"I'm sorry for everything I did. I feel bad for everything," said Poundmaker.
He also said he now knows what it feels like to work for something and then lose it - a statement that MacKinnon pointed out was particularly telling about his remorsefulness.
