ATHABASCA – A Calling Lake man is left with 27 days to go on a 150-day prison sentence after he broke into a rural property in the Calling Lake area with two other men in July.
Lindsie John Bigstone, 37, pleaded guilty to breaking and entering a non-house dwelling, as well as failing to comply with release order conditions as part of a contested Nov. 25 plea in the Athabasca Court of Justice. Additional charges of escaping lawful custody, resisting a peace officer, mischief under $5,000, and failing to attend court were withdrawn as part of his plea.
On July 22, Bigstone and two other men — Kyzic Bigstone, and an unknown male — drove to a rural property on a quad. The three men, who were all wearing masks, jumped a fence with a no trespassing sign, and attempted to break into a Sea-Can by prying the lock. After rummaging through other items on the property, including a boat, the men gained entrance to a travel trailer, causing around $3,500 of damage in the process.
After a neighbour heard the commotion and confronted the men, they fled the scene and Lindsie was identified by CCTV footage and detained later the same day. Crown prosecutor Matthew Kerr said he was arrested wearing the same polka-dot pants he was wearing in the footage.
Lindsie identified Kyzic as one of the co-conspirators, but refused to name the third man who was driving the quad.
On Sept. 9, Athabasca RCMP members attended Bigstone’s residence in Calling Lake to serve a warrant. After he was arrested, Bigstone called out to Kyzic to come take his property, despite being on a release order that forbade contact between the two.
Justice Gordon Putnam weighed submissions from Kerr and defence counsellor Emma Toporowski. Kerr argued for a heavier sentence of 360 days, noting that Calling Lake is suffering from a prolific burst of rural property crime, and that Bigstone had 19 prior convictions for property crime and breaking and entering.
Toporowski proposed a 135-day sentence followed by a year-long probation order, noting Bigstone’s rough early years, other Gladue factors, and recent efforts to upgrade academic classes while incarcerated. Since his arrest in September, Bigstone has completed Math 30-2 and English 30-2, and attended counselling for a methamphetamine addiction at the Edmonton Remand Centre.
“While in lockup he was worked on cell studies, which are self-led coping mechanisms for addictions,” said Toporowski. “He, of his own initiative, requested the imposition of probation.”
Toporowski also cited Kyzic’s sentence, which was lower than Bigstone’s. Kerr, who handled Kyzic’s sentencing, said the Crown’s case rested on testimony from Lindsie, which factored into the lighter sentence in exchange for a guilty plea.
Justice Gordon Putnam accepted Bigstone’s plea, and opted for a lighter sentence than Kerr had asked for, noting Gladue factors and possible family support as mitigating factors.
“To complete your Math 30 and your English 30, those are big things and those are good things, so I congratulate you on that, Mr. Bigstone. Clearly those are a positive for you and I would like to commend you for that,” said Putnam. “You’re also not denying that you’re addicted to methamphetamines and you’re working on that.”
Bigstone was left with 27 days in custody after his pre-sentence time was taken into account — any time in incarceration counts at a one-and-a-half to one rate, meaning his 82 days actual time are enhanced to 123 days — and will serve a year of probation after he is released.
“Edmonton may be a better place for you for now, just to get you back on track,” said Putnam at the end of sentencing. “I know that it’s difficult to find a way to connect to your culture in (Athabasca), but I know Edmonton offers a lot of programs. Maybe it’s something you would consider in terms of wanting to move forward with your life and connecting without having to do it in the Calling Lake area.”
