A man with a “terrible criminal record” received a four-month jail break on Monday in Campbell River provincial court.
The Crown was calling for Devan Daigle to serve seven months behind bars for possessing a cross bow and arrows, but instead Judge Brian Klaver ordered him to spend another 90 days in detention.
“Well there sir, there’s your break. I hope you use it wisely,” the judge told Daigle, who was appearing by video from jail cells in Victoria.
Daigle simply replied, “I will your honour.”
He had earlier pleaded guilty to possessing a firearm contrary to a court order. As a result of previous convictions, Daigle is banned for life from possessing firearms and 10 years for other weapons.
He has past criminal convictions for assault, uttering threats, theft and numerous breach of court orders.
“He has terrible criminal record,” said Judge Klaver.
According to Crown prosecutor Adrienne Venturini, on June 3, Campbell River RCMP received an emergency 911 call from Justine Heddon, who’s had her own share of run-ins with police. Heddon was screaming for help as Daigle allegedly forced his way into her residence on Delvecchio Road. The two had been involved in a relationship and Daigle was returning to collect his belongings. Reading from the police report, Venturini said Daigle forced open a locked window and entered Heddon’s residence. She responded by kicking him in the face.
When police arrived, Daigle had fled from the residence. However, among his belongings was the crossbow and arrows.
He was arrested June 7, and held in custody until Monday’s court appearance when he pleaded guilty to the lone count. Two other charges of mischief and break and enter were dropped by the Crown in exchange for the guilty plea.
The court heard that Daigle has long-standing issues with drug addiction, but has been doing better in the last three months since he went on prescribed methadone program.
As well, Daigle is working and his employer is also his sponsor for Narcotics Anonymous and Alcoholics Anonymous.
“He’s doing very well…he has work to go to and he’s got good support in the community,” said defence lawyer James Hormoth.
Why then, asked the judge, did Daigle have a crossbow and arrows, especially when he knew the consequences?
“It was something that came his way…a nice kit,” explained Hormoth, who added, “he wasn’t running around the neighbourhood with it.”
Daigle admitted it was “stupid” to have the crossbow and also said he’s had enough of going to jail.
“It was a foolish thing to do. I should have surrendered it. It was stupid,” he said. “I’m tired of coming in and out of here.”
Judge Klaver agreed that Daigle appears to be doing better and adopted Hormoth’s suggestion of a 90-day sentence. In addition to the jail time, Daigle will be on probation for one year, cannot have any contact with Heddon and is banned for life from possessing weapons. He was also ordered to provide a DNA sample to the national police registry. As well, the crossbow and arrows were forfeited to the Crown.