REGINA – Two people involved in a July, 2020 break and enter involving a weapon learned their fate in Regina Court of King’s Bench today.
Back on July 22, 2020, police were called to a home on the 800 block of Retallack Street. According to facts read by Justice Graeme Mitchell, a couple in that residence were in the bedroom scrolling through their cell phones when two men and later, a woman, entered the residence. The male victim grabbed a baseball bat and went to investigate, encountering two men - one carrying a gun. The man was able to leave the house and get to a payphone to call 911, having dropped his cell phone in the confusion.
Meanwhile, the female victim who stayed in the house tried to remain quiet. A man and woman entered the bedroom, demanding cell phones and valuables. The victim couldn’t find her cell phone, and she said the invaders fled through the side door. Their absence gave the victim opportunity to find her cell, then call 911 for help.
According to the victim’s testimony, the pair returned with the female assailant allegedly demanding the cell phone, and that the victim take off her clothes. When the victim didn’t comply, she said the male with the gun shot her, and the victim later found a pellet on the floor from the weapon. The arrival of police prompted the duo to flee the residence, and the victim estimated the interaction lasted 20 seconds.
The two males then fled on foot with RPS members chasing them. One officer testified that while chasing the shorter suspect, the man bumped into a water cooler in the alley, and a firearm was seen falling from him. Moments later, he was also observed throwing a cell phone into a yard on Robinson Street before giving up the chase and laying down. Police apprehended the man, identified as Hickson Alexander Blacksioux and took him into custody. The cell phone was recovered, and returned to the male victim of the home invasion.
The other male who ran - Aaron Sparvier - was picked up by police on the following day.
Back at the house on the evening of July 22, a woman was heard screaming from a neighbouring residence. When police and the female victim - who was giving a statement at the time - looked out, the victim identified the woman as the female assailant from moments prior. Police arrested the neighbour, identified as Melissa Dawn Worm.
Blacksioux was charged with two counts of pointing a firearm; and single counts of discharge a firearm with intent, break and enter to commit robbery, resist arrest, possession of stolen property under $5,000, and sexual assault.
Worm was also charged was break and enter to commit robbery, and sexual assault.
Worm and Blacksioux provided statements at RPS headquarters, captured on video, and they were presented as evidence during the trial. Worm details a different chain of events, where she was in the backyard of the neighbouring residence, drinking with friends. There had been an argument over noise levels with her neighbours, but Worm did not recall going into their house or asking the female victim to remove her clothes.
Testimony during the Nov. 29, 2022 trial varied between the nine witnesses called by the Crown (none on behalf of the defence). As such, Justice Mitchell could not be convinced beyond a reasonable doubt from witnesses that the charges against Worm were proven.
A fact that loomed large was in identifying the female assailant involved in the home invasion. The only characteristic all witnesses could agree on was the perpetrator had dyed red hair. The identification of Worm by the female victim occurred at night from a distance of “15 to 40 feet away,” therefore could not completely establish Worm as the guilty party.
Worm and Blacksioux were both acquitted of the sexual assault charges, and Worm was found not guilty of the robbery charge.
“Certainly, you can see from the courtroom, she’s happy with the decision. I am as well,” said defence lawyer Tyne Hagey. “Justice Mitchell gave a very thorough decision, so we look forward to receiving the written decision in a couple weeks.”
Blacksioux will wait longer to hear his sentence, being found guilty in the counts of robbery, one count of pointing a firearm, and resisting arrest. While originally charged with discharging a firearm with intent, Blacksioux pleaded guilty to the lesser reckless discharge of firearm charge. The second count of pointing a firearm and possession of stolen property were stayed by the Crown.
Sentencing for Blacksioux has been adjourned until June 6 to allow for a pre-sentence report to be ordered. His lawyer - Rob Dupont - told SASKTODAY.ca that his client has been in custody since the offence took place.
“He’s held in custody because he was denied bail originally,” Dupont explained. “He’s held until the sentencing in June.”
Given that Blacksioux has spend nearly three years in custody, he may receive enhanced credit for time served - possibly amounting to more than four years.
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