SUMMERSIDE — The judge called them bright young men from good families who had lots of potential.
Now those young men, ranging in age from 18 to 22 — many with no criminal past and glowing pre-sentence reports — are in jail. They were sentenced Thursday to spend two years less a day behind bars for their role in a violent home invasion and robbery last year in Albany.
Logan Alexander Payne, 21, of Kinkora; Lyle MacDougall, 21, of Locke Shore Road; Nathan Glen Foy, 22, of Cape Traverse; Aaron Charles Lee, 18, of South Freetown; Kyle Joseph Cameron, 19, of Borden-Carleton; Joseph David Dugay, 21, of Springfield; James Patrick Duffy, 20, of Kinkora; and Nathan George Noonan, 19, of Borden-Carleton each stood in silence as Douglas handed down individual sentences, commenting on each man’s background and level of involvement in the well-planned crime.
With their heads hung low, surrounded by family and friends, many in tears, the men stood silently to hear their punishment.
“Apply yourselves and use your time (behind bars) as best you can,” said Judge John Douglas, who said all the men have the potential to do well after their release.
“It is unfortunate you entered the criminal system at such a high level.”
The ringleader, Dustin Noonan, was sentenced earlier this year to 42 months in prison after pleading guilty to robbery and wearing a mask to commit the crime.
It was Noonan who orchestrated the Aug. 17, 2012, violent home invasion, enlisting the help of the others, appointing each a duty, including sending in a mole to stake out the home and provide information to others before they went in, masked, many with weapons, to rob and beat the victim.
The group, with the exception of MacDougall, went into the Albany home. The victim was tasered, kicked and punched, then robbed of his iPhone and about $1,000. The victim was treated in hospital and suffered facial injuries and a broken nose.
A request was made last week on behalf of Cameron, Duffy and MacDougall for lesser sentences while a joint recommendation was made by Crown attorney John Diamond and defence attorney Trish Cheverie for a sentence of two years less a day for the remaining men.
On Thursday, Douglas said all involved knew the plan, that violence could be involved and the seriousness of the crime they were committing.
“On Prince Edward Island, with the exception of a few cases, this is as bad as it gets. Denunciation and deterrence are paramount.”
He noted that none of circumstances or the backgrounds relayed in each of the eight men’s pre-sentence reports warranted a deviation from the recommended sentence of two years less a day.
“It was a shock to the community the boys would find themselves involved in this,” said Douglas. “But they all knew what the plan was and agreed to be involved.”
Illegal drugs were at the root of the crime, said Douglas, pointing out varying degrees of drug use by most of those involved.
For their participation, some had their drug debts written off and others received a portion of the stolen proceeds.
Some of the men are already behind bars and were credited with time served. Payne, who, along with the ringleader, inflicted injuries on the victim, was jailed after breaching an undertaking. He was credited with 117 days already served. Foy, who went into the home masked, in jail since Friday, was credited with 10 days.
All eight men were ordered to provide DNA samples for the national database and are prohibited, for 10 years, from owning or possessing weapons or ammunition. All were ordered to undergo assessment, counselling and treatment and encouraged by Douglas that, while in custody, they take advantage of any addictions programming offered.
“Drug use was a central element in all of this,” he added. “Put that drug use behind you. You need to deal with it.”
Once released, the men will be on probation for 18 months. They were ordered jointly to pay $1,865 in restitution and, with the exception of Nathan Noonan, the ringleader’s younger brother, to stay away from Dustin Noonan, and the victim of their crime.
Before goodbyes were said and the men taken away, Douglas issued a warning to the eight men, whom he didn’t order to stay away from one another.
“I would encourage you if some of the eight do not apply themselves that it is in your best interest to sever contact. Your backgrounds are good, the potential is there to do well. There is no reason why you can’t put all of this behind you.”
