Time served, fines for Superstore thief

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This article was published 11/07/2023 (789 days ago), so information in it may no longer be current.

A repeat thief at Brandon’s Great Canadian Superstore was sentenced to time served and more than $400 in fines after he stole multiple rotisserie chicken from the supermarket on Sunday.

Rejean Graveline pleaded guilty in court Monday to two charges of theft from Superstore this year, as well as charges of breaching and failing to comply with court orders.

Both the Crown and defence agreed on the sentence for Graveline, which in addition to time served for two days in jail and fines for his charges, including that he be ordered to pay $200 in restitution to Superstore.

Crown attorney Sarah Kok read the evidence for the charges in court.

On May 15, 2023, police were called to the Superstore about a man who had left the store with $200 worth of meat products. Graveline went into the store, selected the meat items and walked out without paying. Police recognized Graveline when they reviewed the video surveillance of the theft but weren’t able to find him at the time.

Then a few days later, on May 17 at around 10 p.m., an employee at the 10th Street 7-Eleven called police to report a man who was drunk and sleeping in the middle of the floor of the store. Store patrons were stepping over Graveline to get to the counter to pay.

Since, at the time, Graveline was on a court-ordered curfew of 8 p.m. to 7 a.m., he was charged with breaching his curfew. He was also on a court-ordered condition to abstain from alcohol, but the prosecution chose to only pursue the breach of curfew charge.

“We don’t want to criminalize addictions, but obviously we know that Mr. Graveline is struggling with that as ultimately, this seems to be the root of his offending here,” Kok said.

The next month, on June 24, police would run into Graveline again, this time in the back lane of Marino’s Pizza on 10th Street. Graveline apparently tried to access a victim’s vehicle by opening the door, though he ended up shutting the door immediately without taking anything. Still, he left the victim fearful as he walked off toward Superstore.

Soon after and working off of a description of Graveline given by the victim of the car incident, police saw Graveline walking toward Superstore and stopped him to ask about the car incident.

Police found two aerosol cans of deodorant and a pack of razors in the pockets of Graveline’s pants, although Graveline said he bought the items from Superstore. Though the Crown could not make out a theft charge, it was noted that Graveline had been on a court-ordered condition at the time to not go to Superstore.

Then, this past Sunday, around 11:20 a.m., police received a report that a man had just stolen rotisserie chickens from the store. Police were able to identify Graveline, as they were familiar with him from numerous past interactions with him.

Though Kok did note Graveline’s lengthy criminal record, including past convictions for thefts, the prosecutor emphasized that the Crown did not want to criminalize addiction and that the biggest concern was with Graveline’s repeat offending at Superstore and ensuring that he stays away from the grocery store.

Graveline’s defence lawyer, Jennifer Janssens, told the court that while her client’s behaviour has been a nuisance to the community and to Superstore, she said Graveline was stealing from the supermarket to feed himself. She told court that Graveline brought the stolen rotisserie chicken to share with other unhoused individuals who were gathered in a nearby park.

“It’s not a matter where Mr. Graveline is making a profit from his offending behaviour, but nonetheless it is concerning that he continues to attend the Superstore,” Janssens said.

The defence lawyer explained that her 44-year-old client has struggled with a long-standing alcohol addiction that was in part due to extensive alcohol and substance use in his home growing up. Graveline was removed from the home by Child and Family Services when he was five years old due to domestic violence in the home.

Janssens said that Graveline, who is originally from Birdtail Sioux First Nation, is currently unhoused and that he continues to apply to withdrawal support services, despite so far being unable to get a space.

Graveline, who appeared in court by telephone from Brandon Police Service custody, declined to comment.

Ultimately, Judge John Combs endorsed the jointly recommended sentence and sentenced Graveline to pay $450 in fines. Graveline will also have to pay $200 in restitution to Superstore.

Combs told Graveline that stealing for sustenance is not an excuse, especially since there are services in the community for people struggling to afford to eat.

“There are soup kitchens, there are places where you can be fed without resorting to theft,” he said. “It’s not an acceptable excuse that you’re claiming that you need to steal in order to eat.”

The judge reminded Graveline that the next time he is back before the court for a similar offence, another judge may not be as sympathetic.

“You need to know, Mr. Graveline, that someday, some judge isn’t going to be particularly sympathetic to you and could impose a very lengthy period of custody for this kind of behaviour because it’s entirely unacceptable,” Combs said.

Graveline was also sentenced to one year of unsupervised probation with conditions to not go to Superstore.

» gmortfield@brandonsun.com

» Twitter: @geena_mortfield