Man admits to break-ins, gets trip to penitentiary

John Nemeth left a calling card at two homes he burglarized in 2015, an Ontario Court of Justice judge was told Monday

Police discovered spots of blood in the ransacked Bishop's Court and Pim Street residences that matched the local man's DNA, which was in the national crime data base.

Nemeth, 54, pleaded guilty to two counts of break and enter to commit an indictable offence and a single count of possession of property obtained by crime.

On July 24, he was convicted of a break-in that occurred at a Herrick Street apartment.

Justice John Condon sentenced him to a three-year penitentiary term — a sentence jointly recommended by the Crown and defence because of Nemeth's lengthy criminal record that includes 21 previous convictions for break and enters.

With the credit of 22 months he was given for pre-disposition custody, the "sentence will be slightly under five years in totality," assistant Crown attorney Karen Pritchard said.

"He has received a penitentiary term for like counts in the past.'

The court heard jewelry was stolen from the Bishop's Court home, after door glass was smashed to gain entry on Sept. 26, 2015. Drawers were opened in rooms throughout the house and officers discovered a spot of blood on the floor.

The owner of the Pim Street residence returned home Aug. 6, 2015, after being out of town for a few days, to find a rear door window had been smashed.

The home had been ransacked, and two laptops and a tablet were missing. Blood was located on a cushion near the door.

The prosecutor told the court that Nemeth has suffered acquired brain injury from a number of incidents he has been involved in over the years.

"He is not a well man, yet he continues, maybe because of that, to commit the same offences," Pritchard said.

Defence counsel Stacy Tijerina said his client "could easily have been looking at more time in custody" except for the mitigating factor that he has taken full responsibility for his actions.

Nemeth's comments to the writer of a Gladue pre-sentence report (which outlines the systemic and background circumstances of an aboriginal offender) shows this, he said.

Nemeth, who has Ojibway and Cree roots, has quite a difficult background that includes physical and other abuse, as well as inter-generational issues, Tijerina explained.

"I'm sorry for the crimes I have committed," Nemeth said, telling Condon he has done a lot of soul searching.

He indicated that he knows all the work that went into the Gladue report, and understands people care if you ask them for help.

When he imposed sentence, the judge noted Nemeth's background includes a mother who was a residential school survivor and died young, and alcohol and other abuse in his family and personal life.

"Quite frankly, if not for the life you had, the sentence recommended today would not be adequate," Condon advised him.

There is an "odd irony, where you have seen and felt so much harm in your life and your repeated actions have caused so much harm to others."

Nemeth broke into the homes and ransacked them, impacting the residents sense of security, he said.

"It's ironic someone who has experienced so much continues to inflict so much pain on others."

Citing the need for deterrence, the judge told Nemeth he and "others like you, have to know we disapprove of your behaviour. You can't keep causing pain to people."

Condon noted that when the accused reached out to others for help he tended not to be in the criminal justice system, even though he has been in it a lot.

"There is a recurring theme that when you reach out to others . . . your life is different," Condon said. "You are either out of the pool or in the deep end."

He recommended Nemeth serve the sentence at Stonehenge, a culturally-based treatment centre.

Given the quality of the centre and its programs, and Nemeth's past success there "perhaps this will be your last time in the justice system," Condon suggested.

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