Violent theft at gas station fueled by substance abuse

Stealing food items from a gas bar turned into a much more serious charge when Jake Nicholson pushed a store clerk.

He was charged with robbery (theft with violence) in connection with the Oct. 10  incident.

On Tuesday, he pleaded guilty to the offence when he appeared in a Sault Ste. Marie courtroom.

The 25-year-old also was convicted of breach of probation.

Ontario Court Justice John Condon heard Nicholson went into the ESSO gas bar on Wellington Street West shortly before 10:30 a.m. and began grabbing items, including ice cream, meat and candy.

He knocked cans off the shelves, then rushed the counter breaking a plexiglass COVID barrier, assistant Crown attorney Gary Knox said

The door locks when a customer enters the store, and when the clerk tried to let him out "he pushed her and shoved her to the ground."

Nicholson left and headed westward, pushing a shopping cart, the prosecutor said.

The accused, who is well known to police, was located hiding in an abandoned garage on Huron Street.

At the time of the incident, Nicholson was bound by probation order after being convicted earlier of two counts of robbery, Knox told the court.

Defence counsel Eric McCooeye said when officers found his client he was not in good shape.

"He was lying in the shed, curled up and shaking," the lawyer said, indicating Nicholson has a "difficulty with substance abuse."

When he is in custody he goes through a significant, painful withdrawal, and seems committed to change his life, McCooeye said.

"He understands he has apply himself when he comes out."

The lawyers jointly recommended Nicholson be sentenced to time served, plus two years probation.

Knox said the accused has a criminal record that includes assault and a lot of property offences.

As well, he received a substantial sentence last year for two robberies using a weapon.

"He is a young man, hopefully he's been able to work on any issues he's had over the last few months."

McCooeye told the judge the recommendation takes into account the circumstances -- the fact that door locks behind someone and "led to this confrontation and the charge here before you."

When asked if he had anything to say to the court, Nicholson replied he agrees with everything his lawyer said about staying clean, that he has started a methadone program and wants to stay out of trouble.

"It's a simple solution, stay clean and stay out of trouble," Condon responded, "You have the formula, the problem is its application."

Pointing to Nicholson's "terrible record," the judge suggested "stay clean and stay out of trouble is not working for you." 

Store clerks are vulnerable people, often working alone with very little protection, Condon said.

Indicating he was taking into consideration that Nicholson was dealing with an addiction that he had inflicted on the woman, he added "I doubt that the impact of what occurred is over for her."

Nicholson, who has spent 100 days in custody -- the equivalent of 150 days with the enhanced credit of 1.5 days for each day spent behind bars -- was sentenced to time served.

During his 24-month probation, he can't communicate with the victim and is not to enter any ESSO store in the Sault.

As well, he must take any recommended assessment, counselling and rehabilitative programs.

Condon also imposed a 10-year-weapons prohibition and ordered him to provide a DNA sample.