WESTLOCK - A contested sentencing hearing was held Dec. 4 in Westlock Court of Justice where Richard Byer, appearing by CCTV from the Edmonton Remand Centre, entered guilty pleas to three charges.
Byer, 38, pleaded guilty to two counts of failing to comply with a probation officer and one count of assaulting a peace officer.
Crown prosecutor Eric Mosley told the court that on Aug. 22 a civilian went to Westlock RCMP detachment and said that Richard Byer was on probation and ordered not to attend or contact Westlock Day Care but he was contacting them. He left a letter on July 9 and a voicemail on Aug. 22. He was also on probation at the time, and one condition was not to possess any weapons.
On Sept. 11 RCMP located him at the RF Staples parking lot and told him he was under arrest but he took off on foot. Officers ran after him, and Byer swung a grocery bag that contained two long-bladed kitchen knives at an officer, the court heard.
The Crown asked the court to sentence Byer to 240 days in jail.
Defence lawyer Wael Abdulgany argued for time served. Byer has been in custody since Sept. 11.
He told the court that Byer is homeless and made money by picking bottles. He has severe health issues, suffering from constant seizures and is on a waiting list to see a neurologist. He said it’s been difficult for Byer to get a job because he doesn’t have a vehicle and has a criminal record.
“He feels that the town he is in there are no supports for him,” said Abdulgany. “He has worked in the past as a service worker and has his first aid.”
He told the court that Byer doesn’t drink or do drugs.
The shopping bag did have knives inside but there were also other items that could have padded any contact, he added.
Justice Gordon Putnam sentenced Byer to 120 days in jail.
“I’m not prepared to do a time served situation. The allegations, specifically a breach around day care contact does concern the court.”
With 126 days of enhanced credit, Byer has 54 days left to serve.
