LLOYDMINSTER – The Crown’s key witness failed to appear in court but that didn’t stop 24-year-old Riley Baptiste’s trial from proceeding Tuesday in Lloydminster court.
North Battleford Crown Prosecutor Liam Fitzgerald asked the court for a witness warrant and to have the Onion Lake RCMP locate, arrest, and bring Mackenzie Cannepotato to the courthouse.
Judge Kevin Hill issued the witness warrant and the case was adjourned for approximately three hours before resuming when the witness was brought by the RCMP into the courtroom in handcuffs.
For his trial, Baptiste appeared in court in person and sat in the prisoner's box wearing grey jail-issued sweats and shirt. He squinted his eyes as he stared at the prosecutor and witnesses.
Fitzgerald told the court that Cannepotato didn’t want to testify in the courtroom and arrangements were made to have him appear by video from an adjacent room in the courthouse.
During his testimony, Cannepotato couldn’t positively identify Baptiste as the person with Garth Swiftwolfe during a violent home invasion. Two other witnesses, Kiana Applegarth and Terry Allchurch, didn’t positively identify Baptiste either.
Midway through Baptiste’s trial – after three witnesses failed to identify him – the Crown told the court that he was withdrawing the charges against Baptiste.
Baptiste and Garth Swiftwolfe were charged in connection to the home invasion on Onion Lake Cree Nation when a door was kicked in and shot and Cannepotato assaulted with the butt of a 410 shotgun. In April 2021, Swiftwolfe pleaded guilty and was sentenced to eight years in prison for the Onion Lake home invasion and an incident in North Battleford the following morning where there were reports of shots fired at a house.
During Swiftwolfe’s sentencing hearing, the court heard that on Jan. 31, 2021, Swiftwolfe and another man shot the door before kicking it open. Swiftwolfe pointed a 410 shotgun at Cannepotato and when he was being assaulted, the attackers said, “Where’s my money?”
When Onion Lake RCMP arrived they saw a hole in the back door from the shotgun blast and found blood in the house.
Both Swiftwolfe and Baptiste were charged with break and enter, pointing a firearm at another person, using a firearm in a careless manner, intentionally discharging a firearm in a reckless manner, possession of a firearm without a license, assault with a weapon, being in a vehicle knowing it contained a firearm, and possession of a firearm for a purpose dangerous to the public.
After the charges related to the home invasion were dismissed against Baptiste on Tuesday, Saskatoon defence lawyer Aleida Oberholzer told the court Baptiste would plead guilty to his additional charges of breaching his curfew and giving a false name to police. On those charges, Judge Hill sentenced Baptiste to time served and placed him on nine months probation.
Oberholzer told the court her client suffered inter-generational trauma from a history of family members attending residential school and Judge Hill encouraged Baptiste to get addictions and personal counselling.
“The country of Canada has ill-treated Indigenous people for a long, long time,” said Judge Hill, adding personal counselling could help Baptiste deal with his issues.
“I have some real concerns for you going ahead, Mr. Baptiste. You may have dodged a pretty big bullet today. A home invasion charge, if you had been convicted you would be spending several years in jail so I’m a bit nervous for your future with what I heard with your issues and struggles with meth.
“Addictions relate to trauma in upbringing,” added Judge Hill. “You have some emotional scars you may need to deal with."
