Troy Main
Image Credit: FACEBOOK/Troy Main
October 20, 2022 - 7:00 AM
A 21-year-old Vernon man convicted of a violent armed robbery will spend another couple of months in the community because he was too out of it to pay attention to what was going on in the courtroom.
Troy Reginald Main sat in the dock in Vernon Supreme Court today, Oct. 19, and should have found out how many years he would be spending behind bars.
However, the 21-year-old was constantly fidgeting, often closing his eyes and muttering to himself quietly, sometimes waving his hands in the air, and at another point staring intensely at them.
"I can't help but notice Mr. Main's behaviour in the dock," B.C. Supreme Court Justice Allan Betton told the court. "I just want to make sure he's well. Are there any concerns (about) his alertness and his comprehension of what is transpiring?"
Defence lawyer Dominique Verdurmen said she was concerned about her client's "state of awareness."
"If I'm in a situation where Mr. Main is attending under the influence of drugs and it's not a mental health issue that's simply unacceptable," the judge said.
However, the court seemed at a loss for what to do.
"I'm not comfortable proceeding given his level of focus... I do want him to be able to understand what's going on," the defence lawyer said.
The Crown said it wasn't comfortable adjourning the case.
Main's appearance in court was for his sentencing hearing after he was convicted for a violent break-and-enter in October 2020.
The court heard how Main had entered a motel room where Gordon Harmon lived.
Main was wearing a mask and along with another person who was never identified, struck Harmon with a weapon and robbed him of drugs, scales, and other drug paraphernalia.
A hammer and a baton taser were used in the assault. Main and Harmon knew each other.
Harmon has a lengthy criminal record for someone born in 2002, which includes charges of assault with a weapon and domestic abuse. He's currently awaiting trial on drug trafficking charges and a domestic abuse case.
In June, Main was convicted of robbery and break and enter in this case, but has remained out on bail awaiting his sentencing.
Crown prosecutor Brock Bellrichard said Main still denied he took part in the armed robbery and had no remorse.
The Crown asked for a jail sentence of six to seven years.
Bellrichard told the court Main had a record dating back to his youth and when he was about 14 or 15 years old he was convicted for pepper spraying and kicking a person before stealing their bike when on Kin Beach.
The court heard how Main came from a stable home without any drugs or violence but had cognitive deficiencies and a low intellectual capacity.
He was homeless and had no connections to any professional support in the community.
Main's mother sat in the public gallery often in tears as the proceedings continued.
While the lawyers tried to continue arguing how much prison time Main should get, his unusual behaviour was instead the focus of the court.
"The inference that one might draw is that what we are seeing here is the effects of drug use as opposed to a reflection of his cognitive abilities," the justice said. "I'm frankly at a bit of a loss."
The court was adjourned on several occasions throughout the morning to attempt to deal with the situation.
The lawyers and justice said they were concerned that if the proceeding was adjourned until a later date, Main would likely appear in court again in a similar state.
Justice Betton said while Main could be taken in custody, he wasn't inclined to do that without knowing what Main's condition was.
The ability to detain him when he hadn't breached his bail conditions appeared to be complex and technical and required a psychiatric assessment.
Instead, the court was adjourned again to see if there would be any improvement in Main's behaviour by the afternoon.
However, several hours later when the court reconvened Main's behaviour remained largely the same.
Ultimately, Justice Betton amended his bail to stipulate that he remain sober for 72 hours before attending court and rescheduled the case for early January 2023.
Main was then released onto the streets of Vernon.
READ MORE: Vernon man punched by police while in throes of mental health crisis
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