Dawn Ostrem
Northern News Services

Yellowknife (Nov 30/01) - A Yellowknife man who threw a chunk of concrete through the window of the Yellowknife liquor store in July, in search of alcohol, was sentenced this week to six months probation.

Ed Eggenberger deals with intoxicated customers, those attempting to bootleg and those trying to buy booze underage on a daily basis. The store has been the site of three criminal offences this year. - Dawn Ostrem/NNSLphoto

Judge Brian Bruser issued the probation order Wednesday in territorial court to Jeffrey Brunner, 33.

Brunner, who pleaded not guilty to the July 18 charge of mischief, also was issued a $750 fine and was ordered to pay $538.27 in restitution to Ed Eggenberger, owner of the liquor store.

"If I had a strong feeling there was a need to deter this from happening at a liquor store I would have considered imposing a custodial sentence," Bruser said.

Following the conviction Brunner told the court he did not remember the event because he was extremely intoxicated at the time.

"I don't remember it, but if I did it, I did it," he said.

Eggenberger did not attend the trial or submit a victim-impact statement. He told Yellowknifer that operating a liquor store in the city comes with its own set of problems.

"We could probably put bars on the windows and things like that but I don't really want the place looking like a jail," he said.

"It is something we just put up with."

The store, located downtown, is currently the only liquor store in Yellowknife, but not for long. A private store is scheduled to open in January in Range Lake.

Eggenberger said there have been three offences at his store in the last year, more than usual.

A videotape showed one man breaking several bottles of wine after he broke through the door, he said. After being startled by the alarm he fled by breaking another window.

"He forgot what he came for so he reached in and took the bottle closest to him," Eggenberger added. "I think it was Vermouth."

Brunner did not steal anything when he threw a concrete block into the window.

A problem with the video system disallowed it from being used in court as evidence. An 18-year-old on a bicycle was the only link to Brunner's conviction.

Police were called by a woman who heard glass breaking at about 3:30 a.m. that morning. When the RCMP arrived Brunner was seen walking near Broadway on 51st.

The teenager witnessed the mischief from nearby.

"A guy broke into the liquor store but he didn't take nothing," said the young witness, who appeared uncomfortable in the territorial court setting. He repeated those words impatiently as both lawyers asked him a variety of questions.

Police had held the teenager in custody for one night to guarantee his testimony.

There were discrepancies in the description he gave of Brunner, compared to the police description, but the judge took his testimony as valid.

"(The witness) does not strike me as the most articulate of people but the evidence, in my assessment, holds together," Bruser said.