Man gets six years for ‘ill-conceived’ Halifax home invasion that ended in death of best friend

HALIFAX, N.S. — A Halifax man involved in an “ill-conceived” home invasion last December that resulted in the death of his accomplice – his best friend – has been handed a six-year prison sentence.

Tyler Jayson Saulnier, 29, pleaded guilty in Halifax provincial court in April to charges of break and enter with intent to commit an indictable offence and wearing a mask in the commission of an offence.

Saulnier was sentenced Friday by Judge Gregory Lenehan, who said breaking into a dwelling is considered by Parliament to be one of the most serious offences in the Criminal Code and carries a maximum sentence of life in prison.

“It is viewed so seriously because as a society, we want persons in their home to feel safe and secure against unwanted intrusions and violence,” Lenehan said.

“We often say that one’s home is their castle. It should be a sanctuary from the rest of the world.”

The judge said that view is reflected in the case law for home-invasion break-ins, which shows sentences of seven to 15 years are “routinely” imposed.

“Society demands that such intolerable acts be met with real consequences to the offender – consequences that will express abhorrence for the criminal conduct, reflect the harm done to the victim and hopefully deter the offender and other like-minded individuals,” he said.

Saulnier and friend Anthony Herritt broke into Saulnier’s former apartment at 3147 Robie St. in Halifax on the night of Dec. 20, 2022. They intended to retrieve some of Saulnier’s possessions that had been left behind when the landlord kicked him out of the residence and changed the locks.

The two men donned balaclavas, armed themselves – Saulnier with a machete and Herritt with a baseball bat – and kicked in the back door of the apartment.

The occupant of the residence tried to stop the intruders from gaining entry but was unsuccessful. He grabbed a knife from the kitchen and confronted the pair just inside the door, stabbing Herritt in the chest in self-defence.

Herritt, 26, fell back into Saulnier and died from his stab wound on the deck. Saulnier took off running, tossing his machete on the front lawn of an adjacent property.

Saulnier, who said he and Herritt were “messed up” from drugs at the time, turned himself in at Halifax Regional Police headquarters the next day.

Crown attorney Will Mathers argued for a 10-year sentence. Defence lawyer Anna Mancini recommended a conditional sentence of two years less a day or, alternatively, time served plus two years’ probation.

‘Sincerely remorseful’

The judge said “it must be noted” that Saulnier fully co-operated with investigators, entered early guilty pleas and has taken steps while on remand to commit to staying sober and rehabilitating himself.

“He is, I am satisfied, sincerely remorseful for the trauma suffered by (the occupant of the apartment) and is haunted by the death of his best friend and the image of him dying basically in his arms and at his feet,” Lenehan said.

“During the commission of this criminal conduct, a life was lost. Mr. Herritt died because the occupant of that residence chose to defend himself and his property against two masked, armed intruders. Our laws permit residents to protect themselves and to do so with lethal force if necessary.

“Nobody should be surprised that death or serious harm resulted from this ill-conceived plan. It is because such harm can be the consequence of home invasions that courts have found it appropriate to impose severe sanctions on offenders who engage in such criminal behavior.

“Oftentimes, the injuries are suffered by the occupant of the home, but every so often, as is the case here, it is a perpetrator who suffers the injuries.”

Saulnier has 22 previous convictions on his record, including one for break and enter, one for assault and five for theft-related offences.

“The incident that occurred on Dec. 30, 2022., … happened within a month or two of Mr. Saulnier completing his probation,” Lenehan said. 

The judge said he had “some sympathy” for Saulnier and understood how sobering this experience has been for him. But he said both sanctions proposed by the defence would not properly reflect the seriousness of the offence and Saulnier’s history of failing to abide by earlier sentencing efforts at rehabilitation.

“This was not a home-invasion robbery,” Lenehan said. “There was no intention to take what was somebody else’s property. … But it still was a home-invasion break and enter, which (is) an aggravating circumstance for sentencing purposes.

“The Crown recommendation, I find, is a little high given that it is not an intended robbery. But the recommendation for a significant period of federal custody is entirely appropriate.”

The judge said he was satisfied a planned, armed home invasion like this required an eight-year prison term, but he reduced the sentence to six years because of the mitigating factors.

“That disposition properly reflects the egregious nature of this incident, the loss of life that resulted, the trauma suffered by the resident, and society’s expectation that persons who choose to invade people’s homes will be dealt with strongly by the courts.

“This length of sentence also recognizes the efforts made by Mr. Saulnier since his arrest at self-reflection committed to sobriety and recognizes his relative youthfulness and his prospect (for) rehabilitation. The sentence, I am satisfied, is not so long as to be unduly harsh or oppressive.”

The judge imposed a sentence of three years for wearing the mask, to be served concurrently.

Remand credit

He deducted 11 months from the six-year sentence as remand credit, leaving Saulnier with a prison term of five years and one month.

Lenehan also ordered Saulnier to provide a DNA sample for a national databank and prohibited him from having firearms for 10 years after he serves his sentence.

Mathers, the prosecutor, told The Chronicle Herald the sentence “sends the strong message that the citizens of Halifax, of this community, will not tolerate violent home invasions.

“The court was clear with Mr. Saulnier that the death of his accomplice was an entirely foreseeable consequence of the violent plan the two men carried out. Tragically, it is apparent that the real victim here, who acted in entirely lawful self-defence, will nonetheless carry the weight of these events with him for years to come.”