REGINA – An attempted robbery - even when it's with a fake gun and no money is garnered - is still attempted robbery.
That’s what Darian Tracey Miles Bird, 26, learned yesterday after pleading guilty to robbery and using an imitation firearm during the commission of an indictable offence in Regina Provincial Court.
In facts presented by the Crown, the Court learned that Bird went into a restaurant in the 1100 block of Kramer Boulevard on Nov. 27, 2022. He had been to the restaurant during the previous evening as surveillance footage obtained by police revealed Bird wearing the same clothing during both visits. Only one article of clothing was different on Nov. 27, Bird came in with his face covered.
He demanded money from an employee of the restaurant, who informed Bird that the “money was locked up for the night.” He then left the scene on foot.
As part of their search for Bird, police uploaded a photo of their suspect to the RPS website, which garnered an anonymous tip from the public. When RPS arrested Bird, he initially denied responsibility for the robbery, but later recanted - admitting he was trying to feed his drug addiction.
The Crown pointed to aggravating factors such as Bird covering his face, and that the incident showed signs of prior planning, but also balanced the mitigating points of him leaving when told there was no money and showing remorse in a police statement where he apologized to the victim.
Bird also entered guilty pleas in another matter, which happened Jan. 6. On that date, police responded to a hit and run at the intersection of Reynolds Street and Ninth Avenue North. Police soon discovered the vehicle involved, but it was vacant as the driver fled on foot.
With the help of a Canine Unit track, police found Bird, who showed signs of intoxication and admitted to police that he used fentanyl that day. During transport while in custody, he also told officers that he was the driver of the vehicle and ran away because he was scared.
In Court on July 17, Bird entered guilty pleas to impaired driving and leaving the scene of an accident in relation to the Jan. 6 matter.
The Legal Aid lawyer representing Bird noted he has an addiction to methamphetamine and fentanyl, but has remained clean from drugs during his incarceration at the Regina Provincial Correctional Centre. Bird has been employed in the past, and intends to make positive choices in the future upon his release. Once more, Bird’s remorse came through as his lawyer noted, “if he could take back what he did, he would,” along with a further apology to the lady he tried to rob; assuring such actions would not happen again.
Taking into account the contents of a lengthy Gladue report on Bird, the Crown and defence presented a joint submission in terms of sentencing, suggesting two years less a day to be served.
Judge B. D. Henning accepted the submission, and sentenced Bird to 729 days going forward on the robbery charge - giving credit for an enhanced 260 days spent in remand. Bird also received one day for the firearm charge, but will face a 10-year firearms prohibition.
As for the other matter, Judge Henning imposed a one-day concurrent sentence on the impaired driving charge, and 120 days concurrent for leaving the scene. A one-year driving prohibition also sticks, but the victim fine surcharge was waived.
Judge Henning also clarified that Bird will serve his time at a provincial facility.
Referencing a section of the Gladue report that spoke of a near-death experience caused by drugs in Bird’s past, Judge Henning strongly cautioned the man to avoid drugs in the future, noting substance abuse was the key to his offending.
“If you continue, you will have another death experience, or more criminal convictions and spending more time in custody,” he told Bird, who appeared via video.
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