Man is also serving time for sexual assault
A Sudbury man who used knives during a home invasion, then sexually assaulted a woman in a second incident, Chmilar received the equivalent of an 18-month jail sentence on Monday.
“I apologize for my actions,” Samuel Chmilar told Ontario Court Justice Randall Lalande just before receiving the sentence along with a two-year probation order, a10-year weapons ban and a DNA order.
Lalande also ordered Chmilar, 25, to be listed on the national sex offenders’ registry for 20 years.
He had pleaded guilty to break and enter with intent, assault with a weapon and marijuana possession concerning the home invasion involving a Montague Avenue residence and sexual assault for an incident in the downtown core, both in 2018.
Since Chmilar had been in custody since early November, he received a pre-custody credit of 439 days. That leaves him with 102 days to serve.
“I can’t help but say this,” Lalande told Chmilar. “You are, Mr. Chmilar, in charge of your own life. Basically, important decisions about what you are going to do, what you have to do, where you are going, it’s up to you. You are the one who has to grasp the bull by the horns and wrestle your issues to the ground.”
The probation order includes conditions that Chmilar not possess or consume illegal drugs, take counselling as directed, and have no contact with several people, including the victims of the sexual assault and home invasion.
Chmilar had a prior criminal record that consisted of one entry. He was convicted of sexual assault in July of 2018 and received a conditional sentence.
The Crown and defence lawyer Denis Michel suggested the sentence.
The court heard that about 7:45 a.m. April 23, 2018, Greater Sudbury Police were called to a Montague Avenue Street residence about a home invasion. Officers learned that a brick had been thrown through a window and two men wearing bandanas and brandishing knives entered.
One of the men told the male and female tenants “give me your drugs or everything else” and “give me what you have or we are going to hurt you.”
The male tenant turned over five grams of marijuana and the armed men waved their knives at the man, but did not make contact.
The two-armed men then went into the kitchen and rummaged through the cupboards looking for drugs, but left out the main door when they became aware the female tenant was calling the police.
Police investigators talked to witnesses and it was determined the two armed men were Chmilar and co-accused Brandyn Pauze, and they had been in a nearby home prior to the incident and that they had been discussing committing a home invasion for several weeks.
Chmilar was arrested later that day after being treated at Health Sciences North for cuts to his hands.
Investigators found blood on the cupboards and samples were sent for forensic testing. Testing with some of the samples determined the blood came from Pauze, who is on the national DNA databank.
Both men were charged. Chmilar spent seven days in custody before getting bail.
Michel said the guilty pleas by Chmilar meant that further DNA testing of the blood samples was not required to prove his client was involved.
Michel said the men targeted the Montague Avenue residence because they believed were drugs there.
“At the time, (Chmilar) was under the influence of drugs: crack cocaine,” said the lawyer.
Then on June 22, Chmilar was near the downtown transit terminal when he ran into a woman whom he knew. He told the woman he had just been released from jail after serving time for an assault with a weapon conviction.
The woman became fearful and left the terminal area, but Chmilar followed. The woman then sat down on a bench and Chmilar joined her.
Chmilar then attempted to put his hand down the woman’s pants, but was unsuccessful, although his hand did slide down the outside of her pants.
The woman told Chmilar “no” and began walking away. Chmilar then asked the woman if she would go into the bushes with him and have sex. The woman said no. The woman then got on a bus and left the downtown core.
The incident was later reported to police and Chmilar was charged.
Michel said Chmilar’s parents struggled with drug addiction and he ended up being raised by his grandparents. But the loss of his grandfather several years ago saw Chmilar turn to drugs, in particular, crack cocaine.
Michel said the break-in at the Montague Avenue residence was “very unsophisticated, very stupid. The only one who ended up with any injuries was (Chmilar).”
Michel said Chmilar has Borderline Personality Disorder and possibly another mental health issue that has yet to be diagnosed.
“He has a hard time dealing with issues,” said the lawyer. “Mixed with drugs, that led to these two events.”
Michel said that since Chmilar was arrested in early November, he has taken numerous programs and courses and wants to go back to school to complete his high school education.
“Without further schooling and stopping the drugs, he will be right back (in court),” said the lawyer. “He has learned jail, it’s not a place you want to spend too much time.”
Chmilar was supported in court by his grandmother.
Assistant Crown attorney Mathieu Ansell said aggravating factors in the case included that a home was broken into while the occupants were present and knives were used. He said the female tenant’s victim impact statement indicated that the break-in has had a “lasting impact” on their lives.
As well, said Ansell, the break-in required planning and deliberation.
Pauze, 21, made a brief appearance in the same courtroom earlier in the day Monday at which time a date for resolution of his charges concerning the home invasion will be set in Wednesday’s assignment court. Pauze, who is facing similar charges, is out on bail.
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