Offender apologizes for his part in violent robbery

A 29-year-old man stood in Hamilton court Thursday and apologized to the victims in a violent Stoney Creek robbery that the prosecution called a rare and calculated “crime of domination.”

Russaine Hayden of Mississauga, along with Dwayne Bogle of no fixed address and Deosaran Persaud of Brampton, pleaded guilty in October to robbing Azule Kitchens at 442 Millen Rd., during broad daylight on March 23, 2018.

During the robbery, Hayden and Bogle wielded loaded handguns, while Persaud struck store

owner Ryan Tilstra in the head with a steel mallet as his horrified wife, Bethany, and an employee were restrained with duct tape, court heard.

Assistant Crown attorney Fraser McCracken made a point of holding up the mallet as he addressed Ontario Court Justice Martha Zivolak. “It’s a heavy, heavy mallet,” he said.

The blows caved in Ryan Tilstra’s skull, causing seizures and requiring emergency surgery. He was in a coma for several days.

“I feel very sorry for the victims,” Hayden told the court Thursday. He later said he never imagined himself before a judge in court again after working to change his life.

“It’s not where I want to be,” he said.

But the victims were not in court — too traumatized to face the men and relive those agonizing 15 minutes.

“I’m not in court today because I could not mentally and physically be here,” Bethany Tilstra wrote in a victim impact statement. “In a matter of 15 minutes, our lives went from perfect to potentially not living at all,” she said, recalling the horror of that day. “Being taped to the floor and watching three men continuously beat my husband with guns and a hammer, was the worst feeling in the world; you are helpless.”

Court heard Hayden was born

in Jamaica, but moved to Canada around the age of three to live with his dad, who was abusive. He had a criminal record before the robbery, but worked to turn his life around after surviving being hit by a car in 2010.

He went back to school and studied culinary arts. He has been working in the kitchen of Earls at Square One, including while out on bail. His arrest was so out of character that his mom reported him missing when he didn’t come home, said his lawyer, Ashley Audet.

After the crash, he cut most ties to his old life, but not with Persaud — a friend who was supportive. So when Persaud asked him for help he went along.

Court previously heard Persaud had a gambling problem and owed money.

The entire violent encounter was captured on chilling surveillance video played for the court. McCracken said the offenders stole the surveillance equipment, but it was found in a getaway car that crashed near the scene.

Defence lawyers are asking the court for the mandatory minimum of five years each, while the prosecution has requested 10 years for Hayden and Bogle, and 12 for Persaud. The trio return to court in several weeks to learn their sentences.