THUNDER BAY – A man convicted of multiple charges after an “extremely serious home invasion” two years ago that resulted in “lifetime injuries” for the victim is looking to avoid jail time.
At a sentencing hearing on Monday, Michael McCrady pleaded for Superior Court Justice Terrence Platana to consider a probationary sentence for his role in the altercation at a Banning Street home in May 2015.
The 33-year-old was found guilty on counts of robbery, break and enter, aggravated assault, forcible confinement and uttering threats following a trial held late last year.
On the evening of May 14, 2015, after drinking and doing crack cocaine McCrady and Chris McKay showed up at the north side home where the victim – Troy Bichon – lived. McCrady and Bichon were known to each other while McKay was unknown to the victim.
During the trial Bichon testified the two men knocked on his door with their backs turned before McCrady then walked uninvited into his residence. McCrady then called for McKay to come in and demanded $1,000, with the two threatening to break his leg and McCrady saying “that’s nothing compared to what I’m going to do with him.”
An altercation broke out, which led to Bichon being assaulted, thrown to the floor, stabbed and thrown partially through the front porch window and beaten with a small bat.
Police were called to the residence at 8:55 p.m. and upon arrival the first responding officer saw the victim laying outside on the grass, covered in blood and being treated by three paramedics.
Bichon, then 43, suffered blunt force injuries and stab wounds, a stab wound to the right thigh that resulted in 25 per cent blood loss, facial fractures and multiple lacerations and abrasions. McCrady was found in possession of the victim's cellphone and a television that was taken from the home was recovered at a residence known to McCrady.
McCrady took the stand and claimed he owed a drug debt to Bichon and had received threatening text messages. He told the court he wanted to confront Bichon to settle the matter and brought McKay because he did not want to go alone and was invited in when Bichon pulled out a shotgun, prompting the altercation.
Bichon denied being a drug dealer, a debt owed to him by McCrady and sending any threatening messages.
“In simple and straightforward terms, I do not believe the evidence of the accused,” Platana wrote in his reasons for judgement, noting he found issue with McCrady’s assertion they went to the residence “just to talk,” the physical limitations of the victim being on crutches and threats indicating an intention to injure.
A victim impact statement to the court read into the record by Crown prosecutor Andrew Sadler detailed the effects of the attack, including a reliance upon medication, trust issues, anger and bitterness towards family and friends, fear of sleeping and loss of security from what he called the “heinous crime.”
“My home was my safe place and I fear I have lost that forever,” he wrote.
Crown prosecutor Andrew Sadler described McCrady as the “leader and cause” of the attack and urged Platana to consider a penitentiary sentence starting in the range of 12 to 14 years.
Sadler also cited a significant criminal record for McCrady which includes previous convictions for violence offences.
Defence lawyer David Kiesman sought a sentence with no further custody that would have McCrady subject to three years of probation, including being enrolled in a one-year supervised program.
McCrady read a letter he wrote to the court, calling himself a changed person who has “found a new outlook on life” and apologized to the court and Bichon for the incident, adding he also forgave the victim for his part. He told the court the 14 months he spent on bail release led to his realization of the destruction his drug addiction had on his life, he became a more committed father to his son and became involved in church activities and was baptized.
He expressed concern a prison sentence would undo the progress he made while on release.
McKay last year pleaded guilty and was sentenced to five-and-a-half years in prison.
A date for the imposition of sentence is expected to be set on Wednesday.
