A minor player in a kidnapping and extortion scheme that started at the downtown Red Deer McDonald’s was sentenced to time served, mostly for shooting the victim in the leg with a pellet gun.
Scott Hebert, 34, pleaded guilty to assault with a weapon and theft under $5,000 on Monday in Red Deer Court of Queen’s Bench before Justice Eldon Simpson.
Charges of extortion, kidnapping, forcible confinement and assault were withdrawn by Crown prosecutor Carolyn Ayre.
Hebert was scheduled to start a lengthy trial on Monday morning, but entered the pleas rather than proceeding with the trial.
On March 4, 2013, Hebert and Thomas Larkin, 34, met with the victim at the downtown McDonald’s Restaurant. Larkin demanded money from the victim and took the key the victim had to his girlfriend’s truck.
The victim had an unpaid debt to Greg Roberts, 28, and Larkin and Hebert were attempting to get the cash. The victim and Hebert left in Hebert’s vehicle and went to the Village Mall Canadian Tire and Hebert went into the store to purchase duct tape and other items.
While the victim waited in the vehicle, Roberts arrived and punched the victim.
Larkin and the victim left the Canadian Tire in the stolen truck and all the parties went to the victim’s apartment. It was here where Hebert shot the victim in the leg with a pellet gun.
Ayre said the victim did not suffer any significant injuries as a result of the shooting.
The victim was then taken to another location, where he was confined and beaten. The following morning, the victim escaped and called his girlfriend. They went to Lacombe Hospital for treatment for the victim’s cuts and bruises as a result of the incident.
A joint submission on sentence was tendered to the judge. Both counsel agreed to a sentence of four months on the theft charge and one year on the assault with a weapon, to be served concurrently. However, Hebert was in custody from his arrest on March 5, 2013, until September 2014. Ayre indicated Hebert was entitled to a credit of 515 days of pre-trial custody, which more than satisfied the proposed sentence.
Orders of a DNA sample and a 10-year weapons prohibition were included.
Defence counsel Andrew Phypers indicated that since Hebert’s release from custody about six months ago, he had moved into his parent’s place and started work as a plumber. His goal is to become a journeyman plumber and he is working towards his apprenticeship.
His probation officer said Hebert has been an exemplary person. Phypers said Hebert fell in with a bad crowd in his time in Red Deer and now he wants to move on.
Simpson called the sentence reasonable and said it was clear that Hebert had been keeping bad company, but was aware and was working to change that. The pellet gun and the pellets were seized.
Roberts was previously sentenced to five years in custody on charges of extortion and forcible confinement for his role.
Larkin received three years for extortion for his part.