Man follows couple home, kicks in their door

A Sault Ste. Marie man was incarcerated Wednesday for a break-in to a downtown apartment that the Crown characterized as a home invasion.

Ilario Filice was sentenced to four months custody after he pleaded guilty to two charges arising from his actions on the night of May 25, 2017.

Superior Court Justice Edward Gareau heard he approached a couple outside of their Albert Street West residence about 8 p.m., claiming they owed him $200.

The pair retreated to their apartment building, and Filice followed, prosecutor David Didiodato said in an agreed statement of facts.

He "kicked in the apartment door," breaking the door frame.

The complainants, along with another woman who was in the apartment, locked themselves in different rooms, and one of them called 911.

When police arrived officers found Filice, who matched the victim's description of the man who had accosted them, and arrested him.

The 43-year-old was convicted of break and enter to commit the indictable offence of mischief and breach of probation.

Didiodato and defence lawyer Anthony Orazietti jointly recommended the four-month jail term, followed by an 18-month period of probation.

Filice's conduct, which was a home invasion, should be denounced, the assistant Crown attorney said.

"People should feel protected in their home."

Calling the nature of the offence an aggravating factor, Didiodato described the guilty pleas as a mitigating factor.

He also told Gareau a strong mitigating factor for the Crown is the fact that the complainants have relocated far outside the jurisdiction and it would have been a great expense to transport them here for a trial.

Orazietti said his client's pleas are "indicative of remorse."

He noted Filice's criminal record is "not very lengthy," and except for two convictions in 2016, has a 20-year gap.

Gareau accepted the lawyers' joint recommendation, which is the accused's first custodial sentence.

The judge gave Filice credit for 18 days pre-sentence custody, leaving with 102 days to serve behind bars.

During his probation, Filice must undergo any recommended counselling and can have no contact with the three complainants.

Gareau also ordered him to provide a DNA sample for the national database.

At the request of the Crown, seven other charges stemming from the incident were withdrawn.

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