A man who used a fake handgun to rob a convenience store in 2022 was given real prison time when he came before the court recently.
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Thomas Smith, 26, traumatized a store clerk on Feb. 20, 2022 by pointing the gun at him and demanding money and his cell phone.
“It was a reprehensible act,” said assistant Crown attorney Cameron Rogers during the hearing.
“His use of a weapon – even it if was not a real firearm – his masked face, the daylight hours, targeting a vulnerable store clerk – all point to the need for a heavy sentence.”
Smith was sought by Brantford Police after the robbery near St. George and Grand streets.
Police released his image, showing him wearing a Michael Jordan baseball hat, tan gloves and a gray camouflage face-covering.
Smith was arrested and later skipped a court appearance. Last year he faced further charges and at one point escaped custody from police.
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In court, he pleaded guilty to the robbery, failing to attend court, breach of probation and escape custody.
While his defense attorney noted Smith had a rough upbringing and had begun drug use at an early age, he said his client hadn’t apologized for his actions.
“He has limited remorse for this incident so his pre-sentence report is not changing the position for sentencing,” said Eric Angevine.
“But he is stepping up (and pleading guilty) after being returned to custody.”
Angevine said both he and the Crown lawyer hoped for a prison sentence followed by parole will break Thomas of his addictions to get him back into a “pro-social” position in society.
Justice Gethin Edward pointed to a single sentence that struck him in Smith’s pre-sentence report.
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“One sentence says it all: ‘The subject is unemployed, without stable residence, struggles with drug addiction and has not identified any goals, post-release.’ You can’t get more doom and gloom than that.”
Edward urged Smith to use his sentence time to deal with his addiction and to prepare for stable housing and a job.
“Get employed and get a plan for the future. Otherwise, you’ll do life on the installation plan.”
Smith was given a time-served sentence of six months for failing to attend court, breach of probation and escape custody.
He was sentenced to three years in prison for the robbery and ordered to provide a DNA sample and pay a freestanding restitution order of $2,500.
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