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Tossed cigarette butt helps put Sault man away for more than a year

It was DNA left at a burglary scene that linked him to the crime
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SAULT STE. MARIE — Puffing on smokes at a crime scene proved to be a problem for a Sault Ste. Marie man.

Forensic science linked Cody Bjornaa's DNA to cigarette butts that police found on the floor of a Maple Street garage following a break-in last year, a judge heard Friday.

Bjornaa, 29, pleaded guilty to 10 charges, including the July 25, 2018 burglary, theft, possession of a break-in instrument (a drill), two drug offences and failure to attend court.

He also was convicted of breach of a recognizance and three counts of violating a probation order.

Ontario Court Justice Romuald Kwolek sentenced him to just under 13 months in jail.

With the 321-day credit he received for pre-sentence custody, Bjornaa faces a further 66 days behind bars.

The sentence was a joint recommendation from the Crown and defence.

Assistant Crown attorney Karen Pritchard told the court the accused was one of two men caught on a Jan. 15 video where property was damaged at a Conmee Avenue car wash.

The property had been drilled out causing $700 damage, she said.

He was arrested the following morning when police were investigating the over-night theft of a vehicle.

Federal prosecutor Ben Pritchard detailed two incidents where Bjornaa was found with narcotics.

On Jan. 26, city police were contacted about a family dispute — a knife fight involving the accused and another person.

When Bjornaa was arrested, officers found he had a small bag containing a brown substance

The 2.8 grams of heroin was located in the front flap of his hat, the prosecutor said.

About a month later, officers were investigating a break and enter to a shed on Summit Avenue, when police received a call from Bjornaa's mother.

She reported he was out of control and high on drugs.

He'd left the home when officers went to arrest him.

At 9:30 a.m. on Feb. 28, he was located in a parking lot on Pim Street. 

Bjornaa had a bag with a purple substance — .2 grams of fentanyl, Ben Pritchard said.

Defence lawyer Lindsay Marshall said her client, who has a short criminal record, has been struggling with substance abuse issues.

In the fall of 2018, he overdosed and was "fortunately" found by a family member, she said.

Marshall said the Batchewana First Nation member has experienced racism many times in his life.

He has been in custody for a significant amount of time, where he has been assaulted more than once, she said.

As well, Bjornaa has been sharing a cell with his brother, who attempted suicide this week, the defence said.

"I was left to clean up," Bjornaa told the judge.

When Kwolek noted his record had just started in 2017, he said his daughter suffered serious burns at that time and "I lost my way."

The judge said "given the number of charges and the seriousness of the charges I have no choice but to impose a period of incarceration."

Kwolek agreed Bjornaa had started spiraling, after the man detailed what he had gone through, indicated he suffered from post traumatic stress disorder and wants to turn his life around.

"You have gone through a lot," Kwolek told him, adding he has the potential to change.

He urged Bjornaa to use his remaining time in custody "to plan, to do something for yourself." 

Kwolek also placed him on probation for 18 months with conditions that include taking any recommended counselling.

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About the Author: Linda Richardson

Linda Richardson is a freelance journalist who has been covering Sault Ste. Marie's courts and other local news for more than 45 years.
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