burglar attacked a homeowner with a crowbar.
Had the Homeowner been allowed to defend himself with a firearm, no DNA would have been neccessary to locate/convict the perp…..
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National DNA databank helps convict local crook
Date: Jan 12, 2007 10:32 AM
PUBLICATION: Sault Star (ON)
DATE: 2007.01.12
SECTION: Front
PAGE: A1
BYLINE: Linda Richardson
WORD COUNT: 370
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National DNA databank helps convict local crook carrying crowbar; Man
gets 27 months for robbery, break and enter
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A national crime-solving tool helped city police crack a robbery case in
which a burglar attacked a homeowner with a crowbar.
The DNA databank – a national registry of genetic profiles of offenders
convicted of serious crimes – pinpointed Matti McClelland as the
perpetrator.
Analysis of blood found on the victim’s shirt following the Sept. 8
attack produced a DNA sample that was submitted to the databank, a judge
heard Wednesday.
The sample matched McClelland’s DNA, which had been provided to the
registry following a conviction for assault causing bodily harm,
prosecutor David Kirk said.
McClelland pleaded guilty to break and enter to commit an indictable
offence, to robbing the homeowner of nearly $25,000 in cash and jewelry
and breach of an undertaking.
The 24-year-old man also was convicted of assault, stemming from an
unrelated incident that occurred March 27.
As part of a plea bargain, he was sentenced to 27 months in a federal
penitentiary.
“It’s an unfortunate situation when a 24-year-old offender joins the
Crown in recommending a sentence that will take him into a federal
penitentiary,” defence counsel Bruce Willson said.
Ontario Court Justice Andrew Buttazzoni heard that a Poplar Avenue
homeowner was awakened shortly after 11 a.m. by an intruder who had
smashed a rear door.
The intruder, who was armed with a crowbar and a knife, demanded to be
taken to the safe and threatened to hit the man.
Kirk said the victim was struck on the forearm and jabbed in the back
with the crowbar.
The robber forced the man to open the safe and then emptied the contents
into a black bag.
He left with $2,000 in Canadian currency and jewelry valued at $22,643,
the assistant Crown attorney said.
McClelland injured his forearm and was bleeding during the incident,
Kirk said. His blood “transferred” to the victim’s shirt.
Willson said a break-in had turned into a robbery.
“I don’t think he intended it to be a home invasion. He knocked on the
door and if someone had answered he would have run away.”
While McClelland had “used violence and force to extricate property,”
there were some mitigating factors, Willson said
His client, who had turned himself in to police Dec. 27 on outstanding
warrants, was pleading guilty at an early opportunity.
“It shows remorse to enter a plea,” he said.
The Crown described the crime as “probably one of the more serious break
and enters we hear about.”
McClelland went to the home armed and had prior knowledge about the
safe, Kirk said.
“The amount taken was large and he used force, not just threats.”
Buttazzoni said it was regrettable that he was sending a young man to
the penitentiary, but he agreed with the proposed sentence.
“You went to that residence armed with a crowbar and a knife,” the
judge told McClelland. “You’re fortunate today that individual was not
more seriously injured. If that was the case the period of incarceration
would be longer.”
The amount of property stolen was significant and wasn’t recovered,
Buttazzoni said. “More aggravating, the person was at home and was
assaulted and threatened with weapons.”
Buttazzoni also prohibited McClelland from possessing weapons, firearms
and explosive devices for life.
The Second Amendment IS Homeland Security !