ESTEVAN — One of six people charged in connection with the theft of three firearms during the Victoria Day long weekend in Estevan has pleaded guilty to her involvement.
Mackenzie Rochelle Holmes pleaded guilty July 13 in Estevan Provincial Court to one count of possessing a firearm, prohibited weapon, restricted weapon, prohibited device, or prohibited ammunition without the required licence and registration certificate.
Thirteen other charges she was facing were stayed. Those infractions were related to firearms and a probation violation.
Prosecutor Pamela Larmondin reported that on May 19, the Estevan Police Service was called about a break, enter and theft. A safe was pried open and three .22 calibre rifles were missing, she said. Also taken were a PlayStation 5 along with various games and equipment, a speaker and a jar of money.
Holmes was arrested on May 29. While Larmondin said Holmes did not have a big role to play in the theft and trafficking, she still spoke with people involved in the investigation. A search warrant executed on co-accused Vladimir Peterson’s cell phone showed communication between Peterson and Holmes, in which Larmondin said “Holmes had made arrangements as requested, but expressed reluctance to be involved.”
“Miss Holmes admits that she was in possession of all three prohibited firearms," said Larmondin. "She assisted in making arrangements for the pickup of the firearms at the direction of Mr. Peterson. She had no knowledge of the terms of the offer of sale or the actual transfer of the firearms, as that was handled by Mr. Peterson.”
Holmes knew she did not have a licence to be in possession of any of the three firearms, Larmondin said.
As per the terms of a joint submission between the Crown and defence attorney Makenzie Bauer, Holmes received a conditional sentence order of two years less a day, plus a mandatory 10-year weapons prohibition order.
The CSO will have standard conditions. Also, she will have to remain in her designated residence in Regina 24 hours a day throughout the CSO, unless she has the written permission of the supervisor or designate to leave her home. She will also have to enrol in an electronic monitoring program and comply with EM rules as instructed by her supervisor for the full length of the CSO. She is also to not have contact with her co-accused.
Larmondin said a CSO was appropriate in this circumstance because Holmes has “a reduced moral culpability in this circumstances”. She then noted five cases in which a CSO has been punished for firearm-related offences.
Also, Holmes has taken responsibility for her involvement in these offences at “a very early stage in the proceedings”, Larmondin said. A show-cause hearing did not take place and Holmes has been in custody since her arrest.
Bauer noted Holmes is of Indigenous descent and Holmes' mother was part of the ‘60s Scoop. Holmes has taken part in beading classes and Bauer said Holmes wants to get back to her culture when the CSO concludes.
“She is extremely sorry for her actions. This was really out of the blue for her and a huge mistake. She has taken responsibility," said Bauer.
Bauer noted that as soon as she obtained the file from Legal Aid, Holmes said she wanted to accept responsibility and plead guilty.
The sentencing on July 13 was placed on hold after Judge Mitch Miller asked about the availability of electronic monitoring (EM). She was officially sentenced July 15 in Carlyle after EM was confirmed.
Miller noted he previously handled a case in which firearms were trafficked. The accused thought the matter was "relatively innocuous", Miller said, but the firearm wound up in Toronto and shots were fired with the weapon during a robbery. He added trafficked firearms often wind up in the hands of organized crime members.
He applauded the associated lawyers for the work on the file, and thanked them for quickly reaching a resolution.
Charges are still before the court for the other five accused: Peterson, Chelsea Reykdal, Christopher Fauser, Jordan Hocstein and Jared Brailean. All except for Hochstein are out on conditions. Hochstein had been out on a CSO at the time of his arrest; that CSO has been cancelled.
Brailean was arrested and charged by the Estevan RCMP; the others were charged by the EPS, who laid 74 charges between the five people at the time of their arrests.
All three rifles have been located. Larmondin said the firearms remain with the police and will be required as evidence for any trials.
None of the allegations against the remaining accused has been proven in court.
