'I need the sentence today'
Woman who robbed bank pleads with judge to speed up court case
James Goldie
Northern News Services
Friday, October 23, 2015
SOMBA K'E/YELLOWKNIFE
A woman who robbed Toronto Dominion Bank last month made an unorthodox request Tuesday, asking the judge to skip the legal formalities and get right to sentencing her for her crimes.
The woman who robbed TD Bank last month has been sentenced to less than two years in jail for robbery and three assaults earlier this year. The judge found Debbie Ailanak, who suffers from multiple mental health conditions, not fully responsible for her actions. - James Goldie/NNSL photo |
Against the advice of her attorney, 42-year-old Debbie Ailanak made the plea for sentencing via video link from the Edmonton Institution for Women, a federal penitentiary where she was being held in isolation while awaiting trial.
She was remanded to the Edmonton facility because of "some difficulties" during her last time as an inmate at the Fort Smith Correctional Complex for women.
"I need the sentence today," said Ailanak, who had walked into the downtown TD Bank Sept. 29 and handed a note to teller demanding cash and stating she had a gun.
"I know you're trying to help me but I just want my sentence."
Ailanak, who had spent three weeks in isolation, said she tried committing suicide while in custody. Although Crown prosecutor Marc Lecorre said it would "be in the best interest of justice" to have Ailanak present in person for her sentence, she repeatedly interrupted proceedings to demand that her sentence be given that day.
Christine Gagnon, chief judge of NWT territorial court, eventually agreed to speed things up, allowing Ailanak to plead guilty to the bank robbery and three separate charges of assault from earlier in the year.
Gagnon couldn't get the case wrapped up the first day but did have a sentence ready the next, handing Ailanak a sentence on Wednesday of two years less a day in jail, sparing her a term in a federal penitentiary. People sentenced to two years or more are typically sent to federal institutions, but there are none in the NWT.
"I consider she is not fully responsible for her actions," said Gagnon, citing a diagnosis of anti-social disorder and Ailanak's own claims to suffer from fetal alcohol spectrum disorder and bipolar disorder.
Prior to sentencing, Ailanak had several sometimes aggressive outbursts - all through a live video feed that frequently posed technical problems and delays. In her final remarks after sentencing, Gagnon thanked members of the court for their patience.
On the day of the robbery, Ailanak entered the bank and handed a teller a note which read: "Hand me all your money. I have a gun in my pocket. If you say anything I will shoot you."
She was given approximately $700 and fled the scene. RCMP reviewed security footage and recognized the assailant, quickly locating and arresting her outside the Northern Lights Motel on 50 Street.
Gagnon read statements from Ailanak's victims, including a TD Bank employee who said she finds it difficult to work since the robbery.
At court Wednesday, Lynn Foley, a case manager for adult services at the Yellowknife Health and Social Services authority, was called to the stand. Foley described some of her work with Ailanak through local programs, including one for people with mental health difficulties. She acknowledged Ailanak has poor impulse control and can verbally and physically aggressive in group settings. She said there are currently no programs available in Yellowknife suitable for Ailanak.
Lecorre argued Ailanak cannot be relied on to take her medication and that "anyone who bumps into her runs the risk of being punched." Lacorre pointed to Ailanak's 40 convictions for violent offenses since 1995.
"She's been consistently violent for two decades in Yellowknife," he said.
Lecorre recommended a total of eight months in jail for the assaults, and three to three-and-a-half years in jail for the robbery, despite acknowledging that four years is a standard starting point for sentencing for a crime involving "robbery by note."
He also noted Ailanak has never spent time in a federal penitentiary and said the structure provided there would "hopefully help promote her rehabilitation."
"It's worth a try," he said.
Defense lawyer Leslie Moore asked the judge to consider a sentence of less than two years so that Ailanak might be able to serve time in the North, which was what she desired. Moore suggested n situations like these, the court is being used to house people with mental health issues.
"In my view, jail is not a solution in this case," he said. "It's a failing on the part of our community to support people like Debbie."
Moore added unless something changes in Yellowknife, there's "a good chance" Ailanak will wind up in court again.
"One must remember that no matter what happens today, Debbie will be coming back to Yellowknife," he said.
In issuing her sentence, Gagnon said that while jail is necessary she did not want to send Ailanak to a federal penitentiary, which would be alienating and stigmatizing.
"I do feel that more consideration needs to be given to Ms. Ailanak for her brain injury, which she is not responsible for," she said.
In her final statements, Ailanak took issue to being called a danger to society.
"I'm just sorry I robbed a bank. I'm sorry," she said. "I'm not some cold-blooded thief. I have a heart. I have a conscience."
