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Accused "lucky to be alive," judge says

"You're incredibly lucky you didn't get shot by that officer." Honourable Judge Kathleen Williams stressed to 24-year-old Skylar Ochuschayoo that his latest run-in with the law could have resulted in his death.
Court Report 4

"You're incredibly lucky you didn't get shot by that officer."

Honourable Judge Kathleen Williams stressed to 24-year-old Skylar Ochuschayoo that his latest run-in with the law could have resulted in his death.

The Big Island Lake Cree Nation member appeared in the Bonnyville Provincial Courthouse on Tuesday, Nov. 19 to offer guilty pleas to 17 charges his defence lawyer Hart Spender described as a "crime spree" fueled by a fast and unhealthy addiction to methamphetamine.

Prior to his first offence on Oct. 21, 2017, Ochuschayoo's record was mostly breaching court orders and property-related offences.

Williams said for the young offender to "go from that to this is shocking."

In October 2017, Cold Lake RCMP received a complaint of a domestic dispute in progress. When officers arrived at the scene, they were told by the female victim, who had suffered a split lip, that her and Ochuschayoo had been arguing when he hit her in the face.

Ochuschayoo fled on a bike he had taken from a nearby apartment before police arrived, but was later arrested and released on a promise to appear in court.

He failed to attend the court date associated with that offence.

Over a year later, Cold Lake police were called about a firearms complaint on July 28, 2019. It was about 2 a.m. when RCMP arrived at the apartment complex where three individuals, two males and a female, provided statements.

Officers were told the female who resided at the apartment believed her neighbour, Ochuschayoo, had stolen stereo equipment from her place. When she went to his apartment, which was in the same complex, to confront him about the theft, an argument broke out at which point Ochuschayoo picked up a machete and waved it at her.

She left and returned to her own apartment. Sometime later that night, Ochuschayoo knocked on her door before firing a gunshot into the residence. He entered the apartment and began arguing with the female before leaving.

Later that day, at around 4 p.m., an elderly couple were packing up their camping trailer at Hilda Lake Campground when a man stole their truck.

According to the couple, the wife was loading her husband's walker into the back of the truck and had left the vehicle running when a male jumped into the driver's seat and began driving off. The 80-year-old husband attempted to climb into the passenger's seat to stop the perpetrator, but was unsuccessful and fell to the ground.

Police received numerous tips from the public about a similar truck driving erratically through town. Officers located the vehicle downtown Cold Lake and initiated a traffic stop.

The vehicle fled and police pursued for a brief period before eliminating their efforts due to heavy pedestrian traffic in the area.

The truck was found later at the Walmart parking lot with Ochuschayoo nearby.

Police told Ochuschayoo he was under arrest, but the accused fled on foot, running through a nearby residential area. At one point, he entered a house through the front door and out the back before stealing a bike and taking off.

Ochuschayoo wasn't arrested that day, however, fingerprints were pulled from the stolen vehicle that confirmed him as their suspect.

A warrant was issued for his arrest and on Aug. 30, Ochuschayoo was placed behind bars where he would stay until his sentencing.

In August, RCMP received a complaint from two females who had been chatting with Ochuschayoo. He was in the passenger seat of a Jeep while they were standing on the side of the road when he pulled a gun and threatened to shoot them.

Ochuschayoo was located by RCMP, but the suspect fled on foot. RCMP chased him, notifying Ochuschayoo he was wanted on warrants. Ochuschayoo reached into his pockets and the officer gave him his first warning. Ochuschayoo tried a second time, and the constable pulled out his gun, once again telling the accused to keep his hands out of his pockets.

It was after his third attempt that Ochuschayoo pulled a gun out of his pants and dropped it onto the ground, a move Williams said could have resulted in his death.

She stressed, the officer could have shot Ochuschayoo as a result of his actions, the accused was just lucky he didn't.

During his appearance in court, Ochuschayoo pleaded guilty to assault, theft under $5,000, failing to appear in court, assault with a weapon, two counts of being unlawfully in a dwelling house, possessing a firearm while committing an offence, possession of a prohibited weapon without the proper license, theft of a motor vehicle, flight from police, two counts of resisting a peace officer, breaching conditions, pointing a firearm, carrying a concealed weapon, possession of a prohibited weapon, and threats to cause death.

Crown prosecutor Terry Mazerolle told the court some of the aggravating factors in Ochuschayoo's crimes were robbing an 80-year-old man, firing weapons at an occupied residence, unsafely handling firearms, uttering threats, and fleeing police, among others.

However, he noted a mitigating item was Ochuschayoo's desire to deal with his matters without a trial.

Hart agreed with the Crown's recommendation for a three-year jail sentence, lifetime weapons prohibition, DNA order, and one-year driving prohibition.

According to Hart, Ochuschayoo is a father of three young children and intends to turn his life around once he's released from jail.

Growing up with his own father in and out of prison is Ochuschayoo's motivation, Hart said.

He explained how six months living with a meth addiction led Ochuschayoo down a dark path and "his life got turned upside down."

The 24-year-old found himself in some dangerous situations, and thankfully, Hart noted, aside from a split lip, no one was injured or killed.

Williams agreed.

She sentenced Ochuschayoo to serve the remaining 969 days of his sentence at the Bowden Institution. Upon his release, he will serve a one-year driving prohibition. A lifetime weapons prohibition and DNA order were also issued.

"You're only 24-years-old... You can serve your sentence, get up and change your life. You don't have to follow in your father's footsteps," Williams told Ochuschayoo.

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