SOMBA K'E/YELLOWKNIFE
In a surprising move Thursday, a territorial court judge released a man convicted of more than 40 property crimes in order to give him a chance to prove himself before he is sentenced on five charges.
"You're getting a chance here today despite your record," deputy judge Robert Halifax told the accused.
Thirty-year-old Thomas Avery pleaded guilty to stealing about $50 worth of meat from Extra Foods in February and for pilfering a pair of moccasins from Weaver and Devore a month later. Halifax also found him guilty of one count of failing to comply with a probation order and two counts of failing to attend court. The Crown prosecution withdrew an additional five charges.
Despite growing up in stable homes in Yellowknife and Cambridge Bay, Avery has struggled with drug and alcohol addiction from a young age, according to defence lawyer Serge Petitpas. In Grade 10 he dropped out of high school because of his issues and he has been in and out of court over the years. To date he has a lengthy criminal record, which includes 44 property related crimes and numerous court breaches.
Nonetheless, Avery has been trying to turn his life around since moving to Fort Smith a couple months ago. He was working at the Northern Store in the community until he was arrested and he had also applied for Aurora College's trades access program, which starts in the fall.
When asked if he wished to address the court, Avery struggled to express himself.
"I have no idea what to say. I have a ridiculous amount of property offences. My criminal record is nuts," he said, adding he still wishes to make a change. "I would like to break this cycle of going in and of jail. It's no life."
Avery started to apologize for his actions but Halifax cut him off mid-sentence and told the accused he was prepared to give him a chance.
The judge said he would release Avery and delay his sentencing on the charges until June 18 at 9:30 a.m. in Fort Smith. At that time, Halifax said, he would see where the accused's application stands and decide from there how to punish him for his deeds.
Avery, who has been in custody since April 22, seemed taken aback by the judge's decision but readily agreed to the conditions of his release, including that he report to the RCMP when he leaves Yellowknife and again when he gets to Fort Smith.
A warrant was issued for his arrest April 16 after missing a court date in Yellowknife while he was in Fort Smith.
Crown prosecutor Cecilia Bastedo is requesting the judge sentence Avery to between six and eight months in custody, one year's probation and a period of community service for the crimes.
