Alleged home invasion victim fails to attend court
Two home invasion robbery suspects pleaded guilty Monday to reduced charges after their alleged victim failed to show up in court, potentially sparing them both lengthy prison terms.
Achor Jal, 22, and Lazarus Teny, 23, each admitted charges of being unlawfully in a dwelling and received sentences in the six-month range.
Jal also pleaded guilty to an allegation of careless use of a firearm, a loaded pump-action shotgun, which was made an exhibit in his sentencing hearing.
He was handed an additional 22-month sentence on that charge following a joint proposal by Crown prosecutor Ryan Persad and defence counsel Rebecca Snukal.
With credit for time already served, Jal will have another 172 days of custody.
Persad and defence lawyer Andrea Urquhart agreed on a 190-day sentence for Teny, the equivalent of the time he’s already served, followed by a year’s probation.
The prosecutor said the pair and others entered a home on Margate Close N.E. in the late hours of March 28, 2018, with Jal armed with the shotgun.
But he said due to the lack of co-operation from alleged victim Xian Minh (Lisa) Do, it’s unclear exactly what occurred inside.
“Inside the home there was an attack on Ms. Do. During the process of that her dog was shot and killed,” he told Justice Michelle Hollins.
But Persad said there was nothing to link the canine’s shooting to Jal’s firearm.
“Both their clients were caught on police dashcam video coming out of the home,” he said.
The starting point sentence for a home invasion robbery is eight years, which can be increased or decreased depending on aggravating and mitigating circumstances.
At Persad’s request, Hollins issued a witness warrant for Do.