A judge decided last week she wants more information about a young man, who admitted brandishing a BB gun at an east-end convenience store earlier this year, before sentencing him.
Kyle Naveau pleaded guilty to using an imitation firearm to threaten to kill an employee at the Circle K on Boundary Road on March 18.
He also was convicted of possessing a dangerous weapon – an imitation air gun pistol.
On Nov. 19, Ontario Court Justice Melanie Dunn heard city police were called to the store after a clerk reported a man had showed her part of a gun through his jacket.
Two men were outside the store, while he was inside, prosecutor Adrianna Mucciarelli said.
Officers asked the 29-year-old accused to open his jacket and he had a black BB gun, she told the court.
The clerk told the cops when she asked him to leave, Naveau said "people usually are afraid of throwing me out of the store."
Mucciarelli and defence lawyer Ken Walker jointly called for a 10-month conditional sentence, which his client would serve in the community.
Naveau has no criminal record, which is a mitigating factor, and pleaded guilty to the charges, which saved the victim from having to testify in court, the lawyers indicated.
But his tactics were intimidating, Mucciarelli told the judge.
"He lifts his jacket and shows a gun to the victim. She doesn't know this is a replica."
This is "very traumatizing," the assistant Crown attorney said, noting employees at convenience stores and gas stations are vulnerable victims.
Naveau doesn't have a record, but a custodial sentence is appropriate.
At the time of the offences, his client was struggling with drugs and consuming fentanyl, Walker said.
These matters were initially screened for jail time, but "we landed with this resolution," he told Dunn.
"This is more in line because he has no record."
Naveau lives in Sault Ste. Marie, but is a First Nation member, Walker said.
He had a pellet gun, that wasn't loaded, in his jacket at a convenience store. At the time, he was struggling but is not struggling now.
"There is no formal diagnosis, but there might be some cognitive issues," the defence suggested.
After speaking with Naveau's grandmother, who was in court to support the young man, Dunn said she would like to have Gladue and pre-sentence reports prepared.
A Gladue report outlines systemic or background circumstances of an Indigenous offender.
The judge adjourned sentencing to Feb. 26, 2025.
During the proposed sentence, Naveau would spend five months under house arrest, and have a 10-p.m.-to-7-a.m. curfew during the remaining time.
While under house arrest, he could leave home one day per week to obtain the necessities of life and to attend mental health counselling.
As well, he must not go to that Circle K store, and can't have weapons, alcohol or drugs.
Once Naveau completed this portion of his sentence he would be on probation for 12 months with similar conditions, and would be banned from possessing weapons for 10 years.