A Brantford man found guilty of participating in the robbery of a convenience store in 2018 has been sentenced to jail.
David Allan Stewart, 34, was found guilty in October, 2019, of robbery with a firearm, disguising himself with the intent to commit a crime and failure to attend court. But he failed to show up for a sentencing hearing and went into hiding.
He was arrested on a warrant last November and was held in jail until his sentencing.
“That was the dumbest decision of my life,” Stewart told Ontario Court Justice Robert Gee. “I regret every part of it.”
Court heard that, on Oct. 6, 2018, Stewart and Brian Deakin, 34, covered their faces and robbed the Maple Convenience store on Colborne Street.
Deakin, waving a knife and what looked like a firearm, struggled with the clerk, who was left with minor injuries. Stewart acted as a lookout, holding open the store door so it couldn’t be remotely locked.
After the robbery, police released a photo of the two men.
Both pleaded not guilty.
During his trial, Deakin argued he wasn’t at the store. Stewart said he was threatened into helping Deakin.
Deakin, who also was charged with the obstruction of justice after he threatened a relative who identified him in the photo, was earlier sentenced to four years in prison. He was later acquitted on charges of obstruction of justice.
Assistant Crown attorney Michael Dean said that, while both men were part of the robbery and both disguised their faces, they didn’t deserve equal sentences.
“David Stewart does not have a criminal record, while Mr. Deakin had a horrendous series of crimes on his record and had already spent time in the penitentiary.”
Stewart repeatedly told the judge that he has been affected by his incarceration.
“I’ve learned my lesson and I’m a changed man.
Stewart apologized for being “on the run” instead of facing his punishment.
“I need my freedom back and to continue on with my life,” he said.
“I’ve spent a lot of time in here thinking, and I just want to get out. I’m willing to do whatever it takes, even pay back what was taken when we robbed the store. I just want to move on with my life.”
He said that, since being in jail, he’s been clean of drugs and plans to remain that way.
The judge told Stewart there is “never an upside” to being involved with drugs. And users often resort to crimes to pay for their drugs, he added
“People who work in convenience stores are particularly vulnerable and we have to make an example of this when it happens.”
In addition to time served, Gee sentenced Stewart to a further 18 months in jail and placed him on probation for two years, during which he is to get counseling for substance abuse and be under a weapons ban.
“I hope you never attempt to do something like this again,” said Gee.
“I never will – I promise,” Stewart said. “I don’t want anything to put me in here again.”
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