Middleton man escapes prison for ‘brutal’ Canadian Tire robbery in Halifax
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Armed robberies, particularly violent robberies, usually carry prison sentences of at least three years in Nova Scotia.
But a Middleton man who used an aerosol can and a lighter to spray flames at two employees and hit another on the head with a golf club during a robbery of a Canadian Tire store in Halifax last September has avoided a real prison sentence.
Jordan Bernard McIntosh, 31, convinced a judge that he has taken steps to address his drug and alcohol addictions and mental health issues and that he is a changed person.
McIntosh pleaded guilty in March in Halifax Provincial Court to charges of theft and possession of two weapons for a dangerous purpose.
He was recently sentenced by Judge Gregory Lenehan, who rejected both the Crown’s request for a four-year prison sentence and the defense’s recommendation for a suspended sentence of 18 to 24 months’ probation.
Instead, the judge imposed a suspended sentence of two years less per day, followed by two years’ probation.
“I really struggled… with what would be a just and appropriate punishment for Mr. McIntosh,” Lenehan said. “The circumstances of the crime – the brutality of it and the violence that was used – call for a strong, accusatory remark from the court, and that is usually in prison.
“However, Mr. McIntosh has done absolutely everything anyone could possibly do to repent, accept responsibility, and on his own initiative (initiative) address the underlying circumstances that led to this transgression.”
McIntosh took $255 from two cash registers after spraying flames near the faces of two employees during the afternoon robbery at the Canadian Tire store on Chain Lake Drive in Bayers Lake Business Park. The store’s manager tried to tackle McIntosh as he left the store, but was hit with the golf club.
A mob of employees and customers chased McIntosh into the parking lot. Police found him hiding in the bushes behind a nearby cinema complex a short time later and arrested him.
McIntosh spent four nights in Dartmouth jail before being granted bail and ordered to live with his father in Middleton.
‘I’m really remorseful’
In a prepared statement, McIntosh apologized to the victims of the robbery and to his family for his actions.
“On September 1, 2022, I disgraced my family, my daughter, my friends, my colleagues and my community,” he told the court.
“My addictions have taken me to dark places, but never as godless and monstrous as this one. I am sincerely sorry for that.”
In the moments after he fled the store, McIntosh said he felt an “overwhelming sense of regret and disbelief.”
“After sobering up and getting some sleep and coming to my senses, I couldn’t believe what I had done. It felt like a dream. I never in my life thought I would be capable of something of this magnitude.
“It didn’t feel real, and I wish I didn’t make the decisions that made me lose control.”
McIntosh said the anguish he felt in prison was “unparalleled”.
“Fear that I had traded my blessings, my loving family and my potential to join the army for a cage,” he said. “Fear of the threats that came through my cell door in the short time I was there. Fear that I might have traumatized some people.”
Rehabilitative steps
The day after McIntosh was released on bail, he entered a rehab program. He said he attends Narcotics Anonymous meetings, works with a counselor to develop a long-term relapse prevention program, and has regular sessions with a therapist about mental health issues that may have contributed to his drug and alcohol abuse.
“I have become a follower of Jesus and I know that with God’s help I will be able to live a life in His image,” he said. “I ultimately want to help other addicts recover, to prevent someone else from potentially committing a crime like mine or worse.
“I know I can never take back what I have done. My heart is heavy and the heartbreaking pain I feel for the mistakes I have committed remains.
The judge said that as he listened to McIntosh read his statement, he felt that “this is not a person we will see in court. However, his circumstances are not so exceptional that I can simply suspend the sentence.”
While a stint in custody was necessary for the “brutal, planned robbery,” Lenehan said he was convinced that in McIntosh’s circumstances, at least two years in federal prison were not necessary.
“The public still needs to understand that there is a risk of imprisonment or imprisonment when someone chooses to engage in this type of activity,” the judge said. “This was not an overly common type of robbery we see in this court by people who are addicted. This isn’t someone walking down the street and deciding to go into a store and threaten someone because they need something to get their next fix.
“Mr. McIntosh planned this. He armed himself. This was not a spur of the moment impulse. To expose his illegal conduct and deter others, and also to encourage Mr. McIntosh to stay sober and make his way to continue rehabilitation, I am convinced that an appropriate punishment in the circumstances is (two years less per day).
“But given his efforts since his release, I am pleased that it can be served in the community under a suspended sentence. This is followed by a probationary period of two years. That is four years of supervision by the judicial services in this province.”
house arrest
McIntosh will be placed on house arrest for the first nine months of his suspended sentence and must complete 80 hours of community service by August 2024. The judge also ordered him to abstain from alcohol and drugs, not to own guns and to be present for mental health and substance abuse assistance as directed by his sentencing counselor, and to stay away from the Canadian Tire store.
There are exceptions to house arrest for work, medical emergencies and appointments, legal obligations, counseling or treatment programs, church services, and four hours per week for attending to personal needs.
Lenehan also forced McIntosh to provide a DNA sample for a national database and banned him from carrying any firearms for 10 years after his parole expired.
“Do you realize how close you came to not going home with your family today and being escorted from this court to the correctional facility by sheriffs officers for a long time?” the judge asked McIntosh.
“I can tell you that if that had happened, you would have had a hard time surviving in that environment. You are not cut from that cloth.