N.S. man gets eight-year sentence for home invasion, shooting

A man who was pursued by police for more than 50 kilometres after his failed attempt at a home invasion in Hammonds Plains earlier this year has been sentenced to eight years in jail. 

Earlier this year, Brian Edward Mutch entered guilty pleas to multiple offences that stemmed from the May 10, 2023, incident that started in Hammonds Plains and ended in Hants County. 

According to an agreed statement of facts, Mutch, 26, of Windsor Junction, and Haley Patricia Hunter attempted to break into a home on Lifestyles Lane in Hammonds Plains to get some “fast money.” 

Hunter had told Mutch the previous day that the owner of the home was a drug dealer and the pair made a plan to rob him.

When Mutch and Hunter arrived at the man’s home, Mutch knocked on the front door and stuck his foot in the doorframe when the man answered it. Then, Mutch pointed a gun at the man.

From there, a struggle broke out as Mutch and the man fought over who had control of the gun. Mutch told Hunter to stab the man as he believed he was losing control of the gun. 

When Mutch regained control of the gun, he pulled the trigger and shot the back door before he was pushed completely out of the front door of the residence. 

Mutch and Hunter were then chased by the homeowner, who had grabbed an axe and smashed out the back window of the Honda, as well as hit Mutch in the head with the blunt side of the tool. 

Mutch tried to spray the man with bear mace before he and Hunter drove off from the home as the man returned inside to call 911.

Police pursuit

A police officer tried to stop Mutch as he drove down Lucasville Road, however, Mutch continued to flee and lead police on a pursuit for roughly 50 kilometres. 

Mutch only stopped when he drove into another vehicle at a stop sign on Wentworth Road in Windsor. The driver of the other vehicle, an 80-year-old woman, sustained minor injuries. 

The May 2023 incident isn’t the first time Mutch has dealt with law enforcement. 

When giving her sentencing decision at Halifax provincial court on Tuesday afternoon, Judge Ann Marie Simmons noted she was speaking to offences that were committed between May 10, 2017, and May 10, 2023. 

On May 10, 2017, Mutch admitted he took his parents’ vehicle without their permission and was later caught driving at high speeds in Halifax – to the point where a police officer had to abandon the chase when he clocked his own vehicle at 134 km/h. 

On April 17, 2022, Mutch struck another man with a metal bar at the Dorchester penitentiary. 

On June 29, 2022, Mutch spat in the face of a police officer when he was being transported in the back of a police vehicle. 

“But by far, the most serious offences before the court are those that occurred on the 10th of May this year,” Simmons said. 

Simmons acknowledged that Mutch faced several issues growing up. For example, his grandmother was a residential school survivor who didn’t speak of her experiences.

“Sadly, Mr. Mutch didn’t learn much about or take the opportunity to explore his Cree heritage until he was in custody,” Simmons said. 

Simmons said Mutch also moved to and from different communities across Canada when he was young as his dad was a member of the armed forces. 

“He attended public school, but by the time high school came along, he quit public school,” she said. 

Simmons also noted Mutch was diagnosed with ADHD and depression as a very young child, and later received the same diagnosis during his time in the youth criminal justice system in Waterville. 

Influence of alcohol

“Unfortunately, Mr. Mutch also began to consume alcohol in his youth. He also has used a variety of illicit drugs since that time,” Simmons said.

“Alcohol has been an influence upon his personal life and certainly some of his criminal activity. It is also well understood that alcohol and ADHD may be related issues and one may well exacerbate the other.” 

However, Simmons said she learned even more about Mutch during a sentencing circle, where he “was open to the process and very engaged throughout.” 

“He was honest, he openly discussed issues about his past, he openly discussed prior criminal activities that would not otherwise have been part of the information that I was privy to,” she said. 

Simmons said it took Mutch “great courage” to share the information he did with a circle of strangers, other than his sister who was in attendance.

Simmons spoke highly of Mutch when giving her decision.

“Mr. Mutch’s acceptance of responsibility and expressions of remorse are mitigating,” she said. 

“Further, the guilty pleas were the extension of admissions that Mr. Mutch made as soon as he was arrested and gave a statement to police. So acceptance of responsibility is real here.” 

Chance for rehabilitation

While she acknowledged Mutch has a prior criminal record, she also said she believes “rehabilitation is live here.”

“Mr Mutch is still a young man and notwithstanding the sentence that is being recommended here, he will have a long life to live post-sentence. One that is capable of being productive and socially responsible,” said Simmons, adding Mutch has family support and appears to understand furthering his schooling will be beneficial for future employment opportunities. 

Simmons accepted the joint recommended sentence of eight years for the attempted break and enter from the May 10, 2023, incident. Sentences for the remaining charges, including discharging a firearm with intent, possession of a weapon for a dangerous purpose, dangerous driving causing bodily harm, flight from a peace officer and failure to comply with a court order, are to be served concurrently. 

“Taking into account the pre-trial custody, the sentence that has already been served which is just shy of a full year, the go-forward sentence is seven years and 38 days,” Simmons said. 

Mutch had also been originally charged with attempted murder, however, the Crown withdrew the charge. 

Mutch was also ordered to provide a DNA sample and will be unable to apply for a driver’s licence for six years.

Simmons also waived the victim surcharges in place as “Mutch’s personal circumstances financially are very difficult and they will be for quite some time.”