A suspect in a robbery on Mosquito First Nation was on trial this past week at North Battleford Provincial Court.
Marty Moccasin faced charges of robbery with a firearm, pointing a firearm, careless use of a firearm, using a firearm while committing an offence, wearing a disguise while committing an offence, possession of a weapon for a dangerous purpose, unauthorized possession of a firearm and a separate breach of recognizance charge.
His trial took place Thursday and Friday before Judge Brent Klause. Klause has reserved his decision on the case until June 22. With respect to the breach charge, Moccasin has entered a guilty plea and will be sentenced on that count later.
The majority of charges stem from a Jan. 6 incident in which Battlefords RCMP were called shortly after 7 a.m. to the scene of an alleged robbery on Mosquito First Nation. The alleged incident took place near the Mosquito School.
Three witnesses took the stand Thursday who had been at the scene. In closing arguments Friday, prosecutor Brenda Korchinski made the case to Judge Klause there was “clear evidence” from those three witnesses that a robbery took place, that the accused pointed a firearm, fired a firearm and then had stolen a black Chrysler 300.
The court also heard testimony from police who had described the pursuit that transpired, with the stolen vehicle eventually located by police on 33rd Street in Battleford. Two weapons, one of them a sawed-off shotgun, were seized from inside the vehicle.
Shortly after 10 a.m., and acting on an anonymous call as to the suspect’s whereabouts, RCMP members located Moccasin hiding in an attic of a house on the street, and took him into custody.
The trial took place amid concerns about the attendance of gang members at the North Battleford courthouse Thursday.
RCMP constable Charles Butz testified in court Thursday that “quite a gathering” of individuals wearing gang colours were seen at the courthouse that morning, and had to be escorted out of the premises.
The case has gang overtones. The Crown put forward witness testimony Thursday that Moccasin had worn a red bandana during the incident and was a member of the Terror Squad Killers street gang.
Friday, the court heard testimony from another Crown witness who had been at the scene of the alleged incident. She did identify Moccasin, but also testified she did not see Moccasin threaten anyone, did not see Moccasin pointing a gun and did not see Moccasin wear a bandana.
In his closing, defence counsel Murray Pelletier pointed to that testimony to make his argument that the Crown witness testimony was “far too inconsistent” for a conviction.
Moccasin remains in custody pending the judge’s decision.
