10 more months in jail

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A Williams Lake man who tried to rob the Capitol Restaurant will spend 10 more months behind bars.

Judge Gale Sinclair handed down the sentence for Clay Oldershaw in Penticton court, Thursday.

Oldershaw, 36, was found guilty of attempted robbery, having his face masked and commiting an indictible offence, breach of recognizance and possessing a weapon for a dangerous purpose stemming from the incident on July 15.

On that date, Oldershaw entered the restaurant with his young cousin with hoodies zipped up so their faces were covered.

Allegations were made that the female owner working at the time would be hurt. At first, she thought it was some sort of joke, saying "show your face, and I'll serve you."

When customer Ed Stacey approached the two, Oldershaw produced bear spray before backing out the door and running to a waiting pickup.

Stacey got the plate number, and Oldershaw and two others were taken into custody on Highway 97.

Sinclair noted Oldershaw never meant to hurt anyone, but he he did scare them.

According to a victim impact statement from the restaurant owner, she is afraid every day at closing time.

The judge noted Oldershaw felt ashamed and embarassed, but that he was already on probation when the offence occurred.

Prior to the judge making his decision, defence lawyer James Pennington, who described how this incident went down as being like the Apple Dumpling Gang, recommended a suspended sentence in a range of 12 months.

Crown counsel Nashina Devji suggested a jail sentence of two years.

Oldershaw, who appeared by video on Thursday, was also given two years probation that includes no contact with the restaurant owner or family, not being within 100 metres of the Capitol Restaurant and a firearms prohibition.