Gun thief put away

He gets 5.5 years for help­ing to steal eight hand­guns from Sud­bury home last year

The Sudbury Star - - NEWS - HAROLD CARMICHAEL hcarmichael@post­ Twit­ter @HaroldCarmichael

Af­ter a de­lay of more than a year, Vin­cent Bury has been sen­tenced for steal­ing eight hand­guns from a Sud­bury home in 2016.

On­tario Court Jus­tice An­drew But­taz­zoni, who had re­served his de­ci­sion fol­low­ing a Sept. 1 sen­tenc­ing hear­ing, gave Bury a five­and-a-half year jail term.

Since Bury, 20, had been in cus­tody for 20 months, he re­ceived pre-cus­tody credit of 30 months. As a re­sult, he has three years left to serve.

But­taz­zoni also is­sued a life­time weapons ban and or­dered Bury to pro­vide a ge­netic sam­ple to the na­tional DNA data­bank.

The sen­tence was not far off the six-year sen­tence, mi­nus pre­cus­tody credit, the Crown had sought.

Legal Aid Act­ing Su­per­vi­sor John Saftic, who rep­re­sented Bury as an “am­i­cus” or friend of the court, had ar­gued for a sen­tence in the range of three-and-a-half to four-anda-half years, mi­nus pre-cus­tody credit.

The case had been be­fore the courts for some time. On May 11, 2016, Bury, who was fac­ing more than 40 charges, pleaded guilty to seven, in­clud­ing: car­ry­ing a con­cealed weapon; pos­ses­sion of a loaded re­stricted

firearm with­out a li­cence;

pos­ses­sion of a re­stricted firearm (six hand­guns) with read­ily avail­able am­mu­ni­tion, with­out a li­cence;

break and en­ter with in­tent to steal;

pos­ses­sion of a re­stricted weapon while pro­hib­ited;

breach of un­der­tak­ing for con­tact­ing some­one or be­ing at a res­i­dence while or­dered not to; and

breach of pro­ba­tion. A co-ac­cused, Alex Lalonde, then 20, pleaded guilty to the same charges. On Aug. 9, 2016, Lalonde was sen­tenced to six years and six months in jail. With en­hanced credit for time al­ready served at the Sud­bury Jail, much of it in seg­re­ga­tion due to lock­downs, Lalonde had an­other five years and seven months left to serve.

On May 11, 2016, an­other coac­cused, Sa­man­tha Pennington, 19, re­ceived a six-month house ar­rest sen­tence, one-year pro­ba­tion and a five-year weapons ban af­ter plead­ing guilty to pos­ses­sion of a firearm (six hand­guns) with­out a li­cence.

A fourth per­son in the case, Kyla Bourcier, 18, who was dat­ing Bury at the time and is Lalonde’s sis­ter, pleaded guilty May 4, 2016, to pos­ses­sion of a firearm with­out a li­cence. She re­ceived a six­month con­di­tional sen­tence and six months’ pro­ba­tion.

Charges were dropped against a fifth per­son.

As for Bury, af­ter en­ter­ing his guilty pleas, he tried to have them with­drawn and sought a trial, ar­gu­ing he was ill in­formed, did not un­der­stand what he was plead­ing to and told by his first lawyer what to do.

But­taz­zoni, how­ever, dis­missed Bury’s mo­tion.

Bury is the last of the five peo­ple to be dealt with in the courts con­cern­ing the theft and re­cov­ery of eight stolen hand­guns, many of them loaded, in Jan­uary 2016.

The court heard that some­time from 11 p.m. Jan. 11 to 7 p.m. Jan. 12, 2016, Lalonde and Bury broke into a de­tached garage at a South Bay Road res­i­dence and then got into a back room.

They stole eight hand­guns, am­mu­ni­tion cases and am­mu­ni­tion.

About 5:15 p.m. on Jan. 13, 2016, Lalonde and Bury were pas­sen­gers in a car Greater Sud­bury Po­lice of­fi­cers in­ves­ti­gat­ing the theft had stopped.

Two hand­guns were re­cov­ered. A loaded Glock hand­gun was found in the waist­band of Lalonde’s pants, while an­other loaded hand­gun was hid­den be­tween the back­seats near Bury.

A search war­rant was then ex­e­cuted at Lalonde’s res­i­dence on Hearne Av­enue. Of­fi­cers found the six re­main­ing stolen hand­guns, am­mu­ni­tion and gun cases, which were scat­tered through­out the home, in­clud­ing in a kids’ bed­room. Three of the hand­guns were loaded.

Bourcier and Pennington, who did not have proper firearms li­cences, had been clean­ing that day and knew Lalonde and Bury brought the firearms and am­mu­ni­tion there.

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