Through CCTV from the Edmonton Remand Centre, Matthew David Sartain, 37, pled guilty, and was sentenced to time behind bars.
On Tuesday, March 27, Sartain appeared before Honourable Judge Williams at the Bonnyville Provincial Courthouse, who determined even her sentence, which was a branch off of a joint submission between the Crown and defence, wasn’t nearly enough.
If it wasn’t his criminal record that had her thinking twice, it was the charges before her now.
Sartain pled guilty to 12 charges: use or traffic in a credit card, six counts of breaching his conditions or a court order, possession of less than one-gram of methamphetamine, failing to attend finger printing at the RCMP detachment, theft of mail, mischief causing damage, and driving a motor vehicle while unauthorized.
Sartain charged with using stolen credit card.
In the Bonnyville Provincial Courthouse, he was sentenced to 75 days in prison, but his record, which will impact sentencing in the future, shows something much different.
In November 2017, Bonnyville RCMP received a call that a credit card stolen earlier that year had been used at a Viking gas station.
Local officers confirmed through CCTV footage at the gas station that it was Sartain who used the stolen credit card.
Williams sentenced Sartain to 30 days in custody, concurrent with any of the other days to serve for the use or traffic of a credit card.
Mailbox theft results in jail time
That same month, Bonnyville RCMP received a report that several individuals had broken into 53 mailboxes in Kitscotty, and stole mail.
The CCTV footage showed three people in a dark Dodge Charger were the culprits. Police were able to identify Sartain as one of the suspects through the video surveillance, and he was charged with theft of mail and mischief causing damage.
Williams described this particular indecent as very serious, especially around income tax time.
Sartain’s record will show 60 days in custody in relation to this incident, plus the payout of $319 to cover the cost of the repair to the mailboxes.
Breaching conditions
Sartain was also sentenced to 30 days for failing to report to a probation officer in late November 2017. He was charged with the same offence in January 2017, and was sentenced to 45 days.
RCMP went to conduct another curfew check on Jan. 3, 2018 and since no one answered the door, he was sentenced to 75 days in custody.
Earlier this year, on Jan. 5, 2018, RCMP attended his Bonnyville residence to conduct a curfew check. Under conditions stemming from a previous recognizance, Sartain was to remain in his home from 10 p.m. to 6 a.m. When officers went to his house during those hours and he wasn’t there. Williams sentenced him to an additional 45 days.
Having access to drugs lands Sartain further time behind bars
The possession of methamphetamine charge stems from an incident on Jan. 22, 2018, at about 10:35 a.m., when Bonnyville RCMP spotted Sartain driving down 50 Ave. The officer was aware that Sartain was unauthorized to drive, and pulled him over. After arresting Sartain, the officer conducted a search of the vehicle and found a container with a small amount of methamphetamine inside.
Sartain told the court he had taken the drugs from someone else. Because he was under strict conditions not to possess drugs, he was also charged with breaching his conditions. His record will show 60 days for the breach and 15 for the possession of meth.
He was sentenced 15 days after failing to attend the RCMP detachment for fingerprinting.
Sartain will pay a $1,000 fine for driving while unauthorized on Dec. 21, 2017.
His 12 month probation, has the following conditions including keeping the peace, being of good behaviour, remaining in the Province of Alberta, not to consume or possess any illegal drugs, not to consume or possess alcohol, attending counselling and treatment for drug abuse, and have no contact with Francis Stoyles, who is co-accused on one of his cases.
Williams confirmed whether the last condition would be easy to follow, because Sartain recently had a child with Francis Stoyles’ sister Daphne Stoyles.
The child is currently staying with family while Daphne Stoyles is in custody.
The Crown prosecutor was seeking 60 days globally for Sartain’s plea, however, Williams wouldn’t have it.
“Explain to me how 60 days is an appropriate sentence?” she asked. “My concern, is a 60-day jail sentence isn’t even in the range.”
Williams was referring to Sartain’s eight previous failing to comply with conditions charges, not including the ones he was facing that day in court.
Her concern was the public would see the justice system as “broken,” if she sentenced him to 60 days globally.
Her sentencing, she said, is to not only refrain Sartain from reoffending, but to send a message to the public.
Defence counsel Alexandra Densman argued Sartain had plans once he was released. Due to a workplace injury, Sartain lost an arm and suffered from severe back injuries. He was taking prescription medication at one time, but stopped and chose a different route.
The father of four knows he has an issue with drugs, and wants to change his ways.
Sartain was in tears as he listened to Densman explain to Williams his need to attend his grandfather’s funeral, who had died the weekend before his sentencing.
According to Sartain, he hadn’t spoken to his grandfather in years because he was too ashamed to see or speak to him.
Regardless of these circumstances, Williams didn’t feel a 60-day sentence fit the crime.
“I can’t agree to this sentence,” she expressed, adding if she did, the public will “lose faith in the administration of justice.”
In the end, Williams sentenced Sartain to serve 75 days in custody, however his record will show a significant difference and will reflect individual days served. This means, if Sartain reoffends, the judge will consider the time he has served previously when making a decision.
“This is a very light sentence,” Williams noted.
As of his sentencing, Sartain had less than five days to serve.
