Skip to content

Man with no place to sleep broke into a garage, judge hears

John McKay pleaded guilty to break and enter and breach of probation for his actions
sault-courthouse-winter3-bw
Sault Ste. Marie Courthouse

When city police officers responded to a 911 call about a man breaking into a detached garage on Wellington Street East late last year, they found John McKay asleep in the attic.

The cops arrived within four minutes of the call, spotted a ladder leading to the attic and discovered the accused under a sleeping bag on the floor.

It was shortly after 7 a.m. on Nov. 19, 2024, and the complainant didn't know the intruder, Ontario Court Justice John Condon heard Friday.

McKay, 29, pleaded guilty to break and enter and breach of probation for his actions that day.

He was also convicted of a dozen other offences including theft, mischief, missing court dates and probation breaches that occurred last year.

McKay admitted he smashed the windshield in a vehicle at Bay and Spring streets, stole a pair of men's shoes and breached probation on Jan. 15, 2024. 

On May 27, he threw a brick through an apartment window at the Italian Housing Corp. building on East Street.

A surveillance video showed a man checking out the property and police identified McKay as the perpetrator, assistant Crown attorney David Didiodato said.

He pleaded guilty to mischief, failing to attend court and breach of probation stemming from his behaviour that day.

At 9:45 a.m. on Sept. 5, a woman contacted the cops about a man who she spotted entering a neighbour's carport and leaving with a number of items.

She followed him as he headed west on Wellington Street onto Conmee Avenue.

When officers caught up with him, he had several pairs of boots and a pair of waders, valued at $1,000. McKay was convicted of theft and breach of probation for that incident.

The court heard he has "a quite recent and related record with nothing before June 2022."

From that time until June 2023 he accumulated 21 convictions for break-ins, thefts and breaches of court orders, Didiodato said.

The prosecutor noted McKay was transient and some of the break-ins occurred because he was looking for a place to sleep.

Lawyer Ken Walker said his client, a Batchewana First Nation member, has been diagnosed with psychosis, is bipolar and suffers from insomnia.

"He says he doesn't have a substance abuse issue."

When he imposed the lawyers' recommended sentence of time served – the equivalent of 90 days, plus probation – the judge told McKay: "I want a better life for you."

There are "so many options out there for you that are better than what you've been doing the last little while," Condon said.

"You are just drifting with no purpose in life."

He indicated there are resources available at the First Nation that will assist McKay, which the court can connect him to, but "it's up to you."

McKay will be on probation for 24 months with conditions that include no contact with the complainants.

He must pay $1,000 restitution to the vehicle owner whose window he smashed.

As well, he must take any recommended counselling, assessments and rehabilitative programs for psychiatric and psychological issues.

Condon also ordered him to do 20 hours of community service, preferably with Batchewana First Nation.

"It may help you," the judge said.

McKay is prohibited from possessing weapons during the probation and must provide a DNA sample.



About the Author: Linda Richardson

Linda Richardson is a freelance journalist who has been covering Sault Ste. Marie's courts and other local news for more than 45 years.
Read more