Uncertainty surrounding the admissibility of a warrantless search led to a plea deal for a home invasion last August.
Dohn William Schmidt plead guilty to three counts relating to the Aug. 24 incident and was sentenced Thursday to three years and eight months of jail time in addition to the eight months he's already served since his arrest last year.
The 34-year-old Prince George resident plead guilty to break and enter, unauthorized possession of a firearm and theft over $5,000 for the early morning incident at a South Ogilvie Street home. Seven other charges related to the incident were stayed.
Provincial court judge Michael Gray accepted a joint Crown and defence sentencing submission, but had harsh words regarding the RCMP investigation, which included a warrantless search of the home of Schmidt's parents.
"That [search] resulted in this matter being in court on a weak foundation," Gray said during sentencing. "Those types of investigations will not yield justice."
He reminded the RCMP that the Supreme Court has been very clear on when police are able to conduct searches without warrants.
Last summer, Schmidt and an unnamed associate broke into the home at 4:30 a.m. with the intention of stealing guns and other items after they found out the homeowner would be out of town - but they didn't know the homeowner's mother also lived there.
According to the facts read out in court, the 60-year-old occupant of the home was tied up using tape the burglars found in the home. They proceeded to steal a number of firearms, including three semi-automatic handguns, as well as a 60-inch television, a Honda Civic and other items.
The woman, who was frightened by the ordeal but not physically harmed, freed herself soon after Schmidt and his partner left and called police from a neighbour's home. She was unable to identify the men who broke in and police found no forensic evidence.
The initial investigation into the home invasion stalled until police arrested suspects in a series of unrelated armed robberies in September. One of those suspects told police they had stolen a firearm used in their crimes from Schmidt and provided information on where another one of the firearms Schmidt had acquired in the home invasion was located.
Using that information and believing there was public safety at risk, RCMP officers conducted a search at the home of Schmidt's parents without obtaining a warrant first. A firearm was located during the search as well as a distinctive shooting bag belonging to the owner of the home that Schmidt and the associate broke into.
Confronted with this evidence by police, Schmidt confessed to the crime.
During sentencing arguments, Crown counsel Terry Lawrence acknowledged the the lack of a warrant could have meant it would have been a difficult case to prosecute as the evidence found in the search and the subsequent confession could have been found inadmissible.
Defence lawyer Jason LeBlond said his client was motivated by getting money to pay debts related to a substance abuse problem and believed no one would be home at the time of the robbery. He said his client was not the one who tied up the 60-year-old woman, but acknowledged Schmidt had to take responsibility for it since he was present.
Since his arrest, Schmidt has taken a number of courses while in custody including completing his high school education.
Schmidt was born in Vancouver, raised in the Kootenays and spent time living in Fort St. John. He moved to Prince George about four years ago. He has worked in construction in the past, but was unemployed at the time of the offence.
By agreeing to the compromise and avoiding trial, the legality of the search will not be determined. Both lawyers also said it will spare the woman from having to testify.
In issuing his sentence, Gray acknowledged the work Schmidt has put in while in custody, but also the severity of the offence, especially since the firearms stolen during the home invaision were used later by other people in other crimes.
"You have set in motion a wave of crime in our community," he said. "You owe a great debt to society."
In addition to his four years of jail time, Schmidt will also have to provide a DNA sample and has a lifetime prohibition from possessing firearms.After the ruling, Prince George RCMP spokesperson Cpl. Craig Douglass said a search warrant was obtained once the house was cleared."It is common practice to clear a residence of all persons for officer safety reasons," said Douglass. "In this investigation we were dealing with firearms and we needed to ensure that our officers were not in danger while we waited for a warrant."
