Then the two young men headed to the counter at City Superette, where they asked the clerk for some cigarettes and rolling papers. She got what they wanted and bagged their items.
In a thick Quebecois accent, one of the men told her they didn’t have any money, so they were just going to go ahead and take the items. They each picked up a plastic bag and left.
That was Aug. 31. Two days earlier, brothers Benjamin and François Boucher had been released from custody after pleading guilty to stealing food from a St. John’s Boston Pizza outlet. Benjamin was given an absolute discharge with orders to pay restitution to the restaurant, while François was given a restitution order and a conditional discharge dependent on two months probation.
The pair had eaten at the restaurant and left without paying the bill. They were caught when Benjamin realized he had left his cellphone on the table and went back to get it.
A week after their release, the Boucher brothers were back behind bars, charged not only with the City Superette theft, but a second dine-and-dash, this time at The Fifth Ticket on Water Street. Arrested separately, François is also facing charges in connection with another incident, which saw him allegedly wield an axe in the downtown area on a Saturday night. He was Tasered by police, who say he refused to calm down.
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Dine and dash brothers back in court for second helping of charges
In court on Thursday, Benjamin, 19, pleaded guilty to three counts of fraudulently obtaining food and beverages as well as a count of theft under $5,000 for the convenience store incident.
“I’m not proud of this one,” Benjamin told the court of the latter.
The court heard that the brothers, who are from Quebec, came to Newfoundland on a holiday via a ferry. They didn’t have any ID with them and they somehow weren’t asked for any, though it was a different story when they tried to return. Without any identification, they were denied tickets and have found themselves stuck here and broke.
Crown prosecutor Erin Matthews suggested Judge Lois Skanes sentence Benjamin to between 30 and 40 days in jail, pointing out the crimes were committed in a very short time span.
“These might not be serious offences, but they’re the same type of offences Mr. Boucher pleaded guilty to literally three days before,” she said. “The Crown’s concern is the timing and that this behaviour will continue.”
Lawyer Tim O’Brien, serving as duty counsel, told the court Benjamin had no prior criminal record before the Boston Pizza incident, and pointed out he had been stealing food to survive. He suggested a sentence of time served: nine days, calculated at the standard 1.5 rate.
“I suggest the message has been sent,” O’Brien said. “He has spent the whole time at the lockup and I don’t think he’s had the best time there.”
Skanes addressed Benjamin directly, asking him how he planned to live once he was released. Benjamin said he had made contact with Choices for Youth, which runs a meal program.
“Do you know where the homeless shelter is?” Skanes asked.
“I usually have a lot of friends. I’m good to people. I try to help people on the street. I don’t mind living on the streets. I don’t need a lot of comfort,” Benjamin replied. “I’ll not do it again.”
Skanes said the short time span of the crimes was concerning, but she accepted Benjamin had stolen mainly food items. She sentenced him to time served and six months of probation, with orders that he stay away from Boston Pizza, The Fifth Ticket, City Superette and the Sheraton hotel in St. John’s, from where he had allegedly attempted unsuccessfully to steal items in a separate incident.
She also reminded him that should he return to court on new charges, his sentences would only increase.
“I’m not sure what’s going on with you and your brother, but I hope you do well,” Skanes said. “You are aware of some of the services available. I would implore you to make use of them.”
“I won’t steal again, I promise,” Benjamin replied.
François Boucher also made an appearance in court Thursday, via video link from Her Majesty’s Penitentiary. He is charged with three counts of fraudulently obtaining food and beverages, possession of a weapon, theft under $5,000, uttering threats, three counts of public mischief for making a false statement to police, resisting/obstructing a peace officer, assaulting a peace officer/resisting arrest, and 10 counts of breaching court orders. He requested a lawyer who could speak French and asked the court for copies of the police report and evidence against him. His case was set over until Oct. 4.
“I have a court date in Quebec (before then),” he told Crown prosecutor Richard Deveau, who told him to speak with his lawyer about it.
Twitter: @tara_bradbury
