BY KEITH LACEY
A man convicted of robbing a New Sudbury convenience store at knifepoint 20 minutes after attempting to rob a nearby gas bar has been sentenced to four and half years in a federal penitentiary.
Court heard this is the third time Johnathon Lavoie, 44, has been found guilty of armed robbery. He was sentenced to three and a half years in jail for two 1994 armed robberies in Sault Ste. Marie.
Court heard how Lavoie?s battles with alcoholism have ruined his life. He?s turned to religion to try to change his troubled life around since being arrested nine months ago on June 15, 2003.
During the convenience store robbery, Lavoie was hit over the head with a shovel by the store?s owner. Lavoie, who was wearing a disguise had brandished a knife, demanded money and pushed the store owner?s wife to the floor.
Greater Sudbury Police were called and when they arrived, the store owner was holding the shovel he used to hit Lavoie over the head. Lavoie was hospitalized and needed numerous stitches to close a head wound.
On Thursday, Justice Ian Gordon of the Ontario Superior Court of Justice ruled ?I have no doubt the accused was the person at the gas bar? and he attempted to rob the gas bar, but ran away when he couldn?t gain entry.
During sentencing, defence counsel Craig Fleming said Lavoie?s serious problems with alcohol started at a young age. Lavoie ?thought drinking to excess was a normal part of life,? he said.
When sober, Lavoie is a thoughtful, religious man who reads the Bible daily and is a ?pacifist? who abhors violence, but his personality changes dramatically and he exhibits violent behaviour when under the influence, said Fleming.
There have been stages in his life when he quit drinking and during those times, he?s excelled in his personal and business life, said Fleming. Since his arrest on these matters nine months ago, Lavoie has asked to remain in protective custody to avoid the ?culture of violence? that is so predominant in jail.
Considering his long record, the fact his client was severely intoxicated and time spent in custody, a total sentence of an additional two to three years in a penitentiary would be appropriate, said Fleming.
Assistant Crown attorney Andrew Slater asked for an additional seven-year sentence, saying the time has come for society to be protected from this accused.
Pointing a knife and pushing a defenceless woman to the ground after trying to earlier rob a gas bar are very troubling circumstances, said Slater.
The store owners are an immigrant couple who came to this country to make a better life and they?ve been robbed twice in the past few years, said Slater.
Lavoie?s life circumstances are ?somewhat sympathetic?, but there are many people with drinking and family problems and they don?t resort to committing armed robbery, said Slater.
Before sentence was imposed, Lavoie told the court 10 years ago he promised himself he?d go clean and sober and would never get in trouble again after going to the penitentiary, he said.
This incident happened on Father?s Day after he?d spent some quality time with his children and ?there?s no rhyme or reason? why he acted as he did, he said.
During his time in custody, he?s worked at the jail doing laundry, has attended Alcoholics Anonymous and turned to the Bible to find inspiration to improve his moral fibre and become a better person, he said.
He?s hopeful his renewed faith can help keep him away from booze forever and he can return to society and be productive, he said. Lavoie is
prohibited from owning or possessing any firearm or weapon for life and he must submit a DNA sample for a national crime data bank.
