Robbery intent still nets 15-month jail sentence

Armed with a collapsible baton and his face hidden under a bandana, Levi Cyprian Harris was only moments away from robbing a Lethbridge convenience store.

Harris and Alexander Roxby Styra, who was also disguised and carrying a knife, were parked in front of a northside 7-Eleven store about 3 a.m. last Aug. 22, where they spent nearly an hour discussing their plan to rob the business. They stepped out of the vehicle, armed and ready, and practically walked into the arms of the police who happened to be patrolling in the area.

Harris, who was set to stand trial Tuesday in Lethbridge provincial court, pleaded guilty instead to charges of possession of a weapon for a dangerous purpose, being disguised to commit an indictable offence, and two counts of breaching release conditions. He was sentenced to 15 months in jail, but given credit for the equivalent of two months he previously spent in custody. Styra pleaded guilty in October to attempted robbery and was handed a similar sentence, court was told.

Crown prosecutor Tom Brannon explained the two men, who were being sought by police on outstanding warrants, were planning to rob the store of money and cigarettes. But before they could carry out their plan, police intervened. Brannon acknowledged the sentence he and defence lawyer Sean Leochko recommended was on the low end of the range for such offences, but he gave Harris credit for pleading guilty and saving a “vulnerable” witness from having to testify at a trial.

Leochko told court his 21-year-old client didn’t have an adult criminal record until last year after he became addicted to drugs and committed a rash of offences. He asked the judge to recommend sending Harris to the Calgary Correctional Centre where he would have better access to counselling.

“He does wish to address his addictions issue,” Leochko said.

Judge A. H. Lefever reminded Harris that had he actually committed robbery he would be going to jail for a considerably longer time. He also reminded Harris his actions don’t just hurt him, but his mother, as well, who attended Monday’s hearing to support her son.

“To see you here cuts her to the bone,” Lefever said.

In addition to his jail sentence, Harris will be on probation for 18 months following his release from custody, during which he is to avoid any contact with the female witness, and take counselling for substance abuse and life skills. He is prohibited from possessing weapons for 10 years, and he must submit a sample of his DNA for the National DNA databank.

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