ALEX McCUAIG
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A city man facing armed robbery offences has been acquitted of all allegations in direct connection with the 2009 Crestwood Drug Store holdup.
Darryl Chesney, 45, was arrested in January 2010 after police received information alleging the man was involved in the Crestwood robbery as well as a second in December 2009 at a Pharmasave. Both involved a masked suspect demanding OxyContin.
In handing down his decision on the Crestwood robbery, Provincial Court Judge Gregory Maxwell stated the testimony of the man responsible for providing that information contained a "complete lack of detail."
Maxwell, however, did convict Chesney of uttering threats against the witness, Brandon Aman, in connection with an incident in December 2009 where the accused was staying at the teen's home.
In January, defence lawyer Ian Baird had argued during voir dire testimony that police had failed to follow up on other suspects and what physical descriptions were provided to investigators didn't match his client.
He also argued that some evidence against his client being entered by the Crown was to get "in the back door what you can't get in the front."
The court also heard from police who believed Chesney was trying to report a fictitious robbery in the days prior to the robbery.
Crown witness testimony was given by a nurse at a city pain clinic in which she told the court Chesney had been seeking OxyContin a few hours prior to the robbery, claiming his prescription had been stolen during a break and enter at his house. She said she contacted police when she heard reports of the suspect's description, notably, his bright white shoes which she noted Chesney was also wearing.
But ultimately, the case turned on the evidence of Brandon Aman, who had testified Chesney confessed to both drug store robberies while a guest at the home the man shared with his brother.
Judge Maxwell stated while he was impressed with the testimony of the nurse that "the accused clearly wanted relief," Aman's evidence lacked sufficient detail to convict beyond a reasonable doubt.
Chesney spoke in his own defence while the judge was considering whether to impose a jail term or fine for the uttering threats conviction.
"My kids are so dependent on me and I'm dependent on them," Chesney said as he outlined how he'd been making improvements in his personal circumstances in recent years.
Chesney was fined $1,000 and put on probation for 12 months.
Chesney is scheduled to return to court on March 1 for a continuation of his robbery trial for the Pharmasave holdup.