Justin Samanski-Langille

Three years of jail for accused in home invasion, domestic assault

MIRAMICHI - On a blisteringly cold January night, a man emerged from a Lagacéville home carrying the bottom drawer of a stove and was shot at three times with a .22 calibre pistol.

That is just part of the story which landed Lee Alexander Mitchell, 31, of Joseph Court in Esgenoôpetitj First Nation before the courts Thursday to receive his sentence on a number of charges, including the Lagacéville home invasion.

Mitchell received three years behind bars from Judge Cameron Gunn for aggravated assault, break and enter and committing a theft and possession of a firearm without a licence in relation to the events of Jan. 3 and for multiple assault and theft charges relating to an unrelated domestic violence incident on Nov. 6, 2018.

Gunn's sentencing judgment paid special attention to whether Mitchell knew the house in the Jan. 3 incident was occupied at the time of the crime, or was reckless as to whether or not it was occupied, which would be an aggravating factor.

While Mitchell's defence argued the Crown had not proven he knew the home was occupied, Gunn disagreed and called it an aggravating factor in sentencing.

Gunn described the two events which led to the charges against Mitchell, beginning with the Lagacéville home invasion.

Shortly after midnight on Jan. 3, Mitchell drove to the home of a man known to him for some time to collect money Mitchell believed he was owed. 

In video captured by an exterior security camera, Gunn said Mitchell was seen knocking on the door several times, pacing back and forth on the lit porch for several minutes in between knocks. 

When no-one responded to the knocks, Mitchell forced his way through the door where he remained inside, and out of view of the camera, for a short time. 

When he emerged, he was carrying the bottom drawer of a stove. As he exited the home, Mitchell was shot at three times by the home's occupant with a .22 calibre pistol, with one round striking him in the leg, another grazing his side and the third missing him entirely.

In response, Mitchell dropped the drawer and went back inside the house. Gunn said he then assaulted the occupant of the home, leaving him with a badly bruised and bloodied face, which required surgery to "put his eye back in alignment."

Gunn said Mitchell was charged with "a number of offences," and subsequently pleaded guilty to aggravated assault, break and enter and committing a theft and possession of a firearm without a licence.

In the Nov. 9, 2018 incident, Gunn said Mitchell arrived intoxicated at a Burnt Church residence where his common-law partner was asleep, started yelling, choked his partner and threw a beer bottle at the couple's then-three-year-old son.

Mitchell's partner tried to leave the house during the incident, but Gunn said Mitchell slammed them onto the cement and dragged them back inside the house.

Neighbours then arrived at the house to assist and Mitchell fled the scene. During the incident, Gunn said Mitchell also stole his partner's phone and $100.

As a result, Mitchell was charged with two counts of assault, one count of theft and two breaches of probation, according to Gunn.

In imposing his sentence, Gunn credited Mitchell with having served the equivalent of 495 days of incarceration as a result of being held during court proceedings, and imposed two consecutive sentences and six concurrent prison sentences adding up to an additional three years behind bars.

Mitchell will also be prohibited from possessing weapons for 10 years and will have 90 days to pay a $500 fine.

In determining the sentence, Gunn said he also considered aggravating factors including Mitchell's previous 29 convictions, the domestic nature of the assault and the presence of a minor in his assault charges.

Mitigating factors considered by Gunn included proof violence only occurred after he was shot during the home invasion, proof Mitchell has the support of his family, including the domestic partner involved in the assault and his expressions of remorse in both incidents.