NORTH BATTLEFORD – The issue of identity is at the core of a case against 36-year-old Eugene Bear who is accused of a string of business robberies.
Crown prosecutor Brittany Rankine presented the North Battleford Provincial court with evidence on Monday she said proves Bear broke into 12 local stores between April and October 2021.
Battlefords RCMP arrested Bear in November 2021 and charged him with eight counts of break, enter, and theft, as well as four counts of break and enter with intent to commit theft.
A voir dire was held during the one-day trial where the Crown presented similar fact evidence of Bear’s two break-and-enter convictions from incidents on April 24 and April 25, 2021. Rankine argued that the methods for those two break-and-enters were similar to the rest of the break-and-enters in September and October.
In all of the break and enters, items found nearby were used to smash glass windows or doors to gain entry. They included rocks, bricks, a planter, and an impact drill.
Rankine also told the court that Bear’s clothing seen in some of the videos from the businesses was distinct and unique. On Aug. 31, 2021, when RCMP were called to the bridge between Battleford and North Battleford about a distressed man on the bridge, video captured from the officer’s vehicle shows some of the same distinct clothing of ripped jeans and black runners with white trim. The man told police his name was Eugene Bear and gave his date of birth. The officer drove him to the Lighthouse, an emergency shelter.
Rankine also argued that Bear had ordered a custom hat that read, “I’m lit” and stated one of the store owners had seen him wearing that hat when he was in her store hours before it was robbed. She believed he was casing out her store.
Defence Laura Mischuk, however, told the court that the Crown’s similar fact evidence didn’t rise to the necessary standard and didn’t meet the two-tier test that the incidents were similar and that Bear was connected.
Judge Ian Mokuruk agreed and ruled that the similar fact evidence wasn’t admissible, saying that there must be a high degree of similarity.
He said that in some of the videos it’s unclear whether the person committing the crime was male or female, white, Indigenous or other ethnicity. He said Bear's break-and-enter convictions are for two April incidents but the rest of the crimes were in September and October.
Two witnesses from separate businesses testified and Judge Mokuruk said their testimony was weak and of “limited use.” One witness didn’t identify the man she saw in her store and the person who was caught on video breaking into her store as the man sitting in the prisoner’s box. He pointed out that she said, “I see similarities.”
Judge Mokuruk said the RCMP officer took the name and date of birth of the man on the bridge but didn’t prove that he was Eugene Bear beyond running his information through CPIC.
Mischuk told the court that the Crown hasn’t proven beyond all reason of doubt that Bear is the person captured in the video at various businesses. She said the videos were dark and it was difficult to discern someone’s face or clothing. In some of the videos the individual was wearing a face mask and had a hood up. She also pointed out that in some of the videos the clothing was different.
“There’s no direct evidence it was Eugene Bear,” said Mischuk.
Judge Mokuruk reserved his verdict until Friday.
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