Bradley Tomeck has been found guilty of robbing a local credit union.
The 22-year-old Thunder Bay man was convicted of armed robbery, wearing a disguise and three firearms offences Friday at the Superior Court of Justice.
The robbery occurred at the credit union on Rosslyn Road and Highway 130 around 10:30 a.m. on Jan. 19, 2011. A masked man entered the bank with a sawed-off shotgun and fled with more than $3,000 in cash.
Two credit union employees both independently thought the robber was Tomeck, as he was a regular customer at that credit union.
The Crown’s case was largely circumstantial with Tomeck’s DNA found on a balaclava that was retrieved in a duffel bag with a sawed-off shotgun in a trailer park near the credit union.
Despite the testimony of Tomeck’s grandfather said he saw the accused outside of his home at the time of the robbery and a neighbour testifying that Tomeck’s truck was in the driveway, Justice John Wright said the circumstantial evidence was far too overwhelming to accept the alibi information.
Wright said he accepts the grandfather and neighbour are decent people and did not willingly mislead the court.
Tomeck’s lawyer Gil Labine said the decision was not unexpected because the case was largely circumstantial and the evidence against Tomeck was somewhat overwhelming.
“There were some holes the Crown had some difficulty with, but by in large I thought Justice Wright’s decision was fair and hit all the key points in the evidence,” he said outside of the courthouse Friday.
Labine said Tomeck is considering whether or not he’ll appeal the decision and his client still professes his innocence.
Other than the testimony of the two credit union employees who said the robber looked like Tomeck, there is no direct evidence that he actually committed the crime.
A sentencing date will be set for Tomeck on May 28.
In this type of case where a firearm is used in a robbery, specifically a restricted firearm, there is a five-year minimum sentence, said Labine.
“We may challenge the constitutional validity of that legislation as it applies to him, but we may not,” he said.
Labine said Tomeck’s age and that he had no prior criminal record should be taken into consideration for sentencing.
“It is odd behaviour if in fact he’s the person that committed this crime,” said Labine, adding that before this his client led an exemplary life in Thunder Bay.
