Tri-County Vanguard

‘What if’ questions still haunt family

- TINA COMEAU TRI-COUNTY VANGUARD

As Mary Duffus read her family’s victim impact statement to the court last week – describing the day a year ago when her husband Jack was robbed at their Yarmouth County home – she got especially emotional when she read this: “Here is a man who, by his own hands, built our home over 40 years ago – one of his most cherished achievemen­ts in life.”

After all, everyone deserves to feel safe at home.

Tyler John Rawcliffe was one of three people who took that away from the family on Sept. 13, 2018. He was sentenced in Yarmouth provincial court on Sept. 10 and received a sentence of seven-and-a-half years in prison.

RAWCLIFFE SENTENCED SEPT. 10

Rawcliffe, 36, had earlier pled guilty to robbery; break and enter; unlawful confinemen­t and wearing a disguise while committing an indictable offence. He has been in custody on remand for a year. People are given time-and-a-half credit for pre-trial custody, meaning 18 months was subtracted from the sentence, leaving 72 months to be served. Of course, eventually he will also be eligible to apply for parole. Prisoners are able to do so after serving twothirds of their sentence.

Sept. 13, 2018, should have been a normal day at the family’s home in Plymouth, Yarmouth County. What the 77-year-old homeowner didn’t know was there were two men dressed in black, their faces covered, hiding and watching.

The court was told Rawcliffe stepped out first and grabbed the homeowner. There was a struggle. The elderly man was choked and his mouth covered. A second man, Craig Andrew Pike, grabbed the man by his feet. Pike has also entered guilty pleas. He was sentenced Sept. 16. AFRAID FOR HIS WIFE During the robbery the men kept whispering in low tones, causing the homeowner to fear for his wife’s safety. They made him take them to where money was kept. They knew where the money was because they had been told so by Lacey Heroux, a friend of the family and Pike’s girlfriend at the time. Heroux was sentenced to four years in prison in February after pleading guilty to conspiracy. The family felt especially betrayed since Heroux’s grandfathe­r had been the victim’s best friend.

After the men got the money they made the homeowner drive them to a dirt road in his van. They threw his keys away and disposed of his cellphone. The pair later burned the clothing they had been wearing.

Duffus retrieved his keys and drove home. The police were called. Through their investigat­ion the RCMP did identify suspects in the case. The next day Pike was arrested at a residence on Prince Street in Yarmouth. Rawcliffe was arrested at a residence in Digby.

Crown attorney Alonzo Wright noted that Rawcliffe had a similar, albeit dated, offence from Ontario dating back to the early 2000s. He does not have an extensive criminal record.

Rawcliffe’s lawyer said the motive in this case was to get money for drugs. At the time of Pike’s arrest, the Crown said he had 13 grams of cocaine powder in his possession.

“These were two individual­s who were driven to a set of circumstan­ces directly related to involvemen­t in drugs,” defence lawyer Michael Power said, calling it a prime example of the insidious nature of drugs. He said his client had been approached to help with the robbery and it was only about money. The homeowner had not been singled out as a person they wanted to harm – but their actions did inflict trauma on him, the lawyer acknowledg­ed.

“The plan was that there would be nobody home and unfortunat­ely as these things sometimes go there was an ad-hoc decision to go ahead anyway,” Power said.

Power said for 14 years his client had no involvemen­t with drugs. Two months before the robbery he was in a relationsh­ip, supporting two children, and was looking to enter a welding program at NSCC. And then things took a turn.

“There was a break up… He then fell in with three other individual­s who had involvemen­t in drugs,” the lawyer said. “In about a month and a half he went from domestic tranquilit­y and a contributi­ng member of society, to the charges that are before the court. All of this over drugs.”

While in custody Rawcliffe his lawyer said he has gotten his Grade 12 equivalenc­y and has pursued anger management and substance abuse programs.

APOLOGIZED TO THE FAMILY

Rawcliffe spoke during his sentencing, reading from notes he had prepared.

“I am extremely sorry to Mr. Duffus and his family. I hate that I allowed my life to fall into a place where this crime was even possible. I pray every day that the fear that I instilled might be taken away and that the hurt that I inflicted on them might one day heal,” he said. “There’s nothing I can say or do to ever take back or fix what I’ve done, and I don’t ever expect forgivenes­s. The only thing I can do now is ensure that I use my time to better myself and become a productive member of society when I am released. I’m never going to allow myself to fall back in that pattern again.”

“I’m sorry,” he said to the judge. Then he turned to the victim’s family members seated in the court and told them, “I’m sorry. I’m so sorry.”

For the family, they are still haunted by the ‘what ifs” of Sept. 13, 2018 following “such a horrid invasion of privacy,” their victim impact statement said. What if the couple’s grandchild­ren had been there? What if injuries had been more severe, or worse? What if? What if? What if?

“Forty years of comfort in our own home was taken away, only to be replaced with flashbacks and knotted stomachs,” the victim’s wife said. “I am not sure how long it takes to heal from such an ordeal. But one day at a time is all we take . . . Attacking, robbing, kidnapping any human being is unacceptab­le.”

The sentence was a joint recommenda­tion accepted by Judge Tim Landry. He said the impact of this crime on the family is understand­able.

“Attacks like this are always serious but it comes with a higher level of seriousnes­s if it happens in or around your home,” he said. “The emotional scars are many times far greater than the physical scars, because that’s where you are supposed to feel safe.”

PIKE SENTENCED SEPT. 16

The last sentencing in this case was for Craig Andrew Pike, 36, who was also handed a prison sentence of seven-and-a-half years in provincial court on Sept. 16 after entering guilty pleas. Crown Attorney Alonzo Wright referred to a previous robbery conviction Pike had in his record, for which he had received a three-year sentence.

This time the sentencing judge was Judge Claudine MacDonald who accepted the joint recommenda­tion for sentence. With the credit he received for time spent in pre-trial custody on remand, like Pike will also serve 72 months. He was also sentenced on a drug charge and received a concurrent 24-month sentence.

Judge MacDonald remarked about how traumatic it was for the homeowner to not only be robbed at his home – where he should feel safe – but to be forced from his home, not knowing if he would see his family again.

Pike was given the opportunit­y to address the court. He said he didn’t have anything to say. A member of the public in the courthouse could be overheard saying, “How about an apology?”

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