5 years for granny B&E

Photo: Google Street View

The area where the break-in took place

Jean Leier, 85, had been living by herself for less than a year, when a masked man broke into her home in the middle of the night, forced her into a crawl space, muzzled her with a scarf and robbed her.

Benjamin Barnhart, 25, was sentenced in a Kelowna courtroom Tuesday morning to five years in jail for the break and enter with an additional six months in prison for disguising his face, after pleading guilty in July.

On Oct. 25, 2015, just after 2 a.m., Barnhart broke into Leier's home on the 2300 block of Butt Road through a kitchen window.

The noise from the break-in woke up Leier, and she attempted to call police, but Barnhart got to her first.

Barnhart struggled with the elderly woman, causing her minor bruising, and took the phone from her.

He forced her into a crawl space, as he filled up a bag with her beer and demanded money. He then tied a scarf around her face to keep her quiet.

She first gave him about $30 in change she found in different containers around the house, but as he kept insisting on needing more, she gave him $200 from her purse.

Barnhart left Leier out of his sight, as he went to search through her purse, giving her a chance to escape. She made it to her neighbour's house and called the police.

Leier's husband had recently moved into a nursing home, leaving Leier on her own for the first time in years.

She now takes medication to deal with the anxiety the break-in has caused her.

Later that morning, using credit cards he stole from Leier's purse, Barnhart bought a cellphone and some clothes, and police were later able to identify him on the store's surveillance footage.

Additionally, he withdrew $800 from Leier's bank account using her ATM card, and he had written two personal cheques to his mother in the total amount of $900, using Leier's cheques.

Barnhart's mother later confessed to calling Leier's credit card company and impersonating Leier in order to get her PIN number and have her credit limit increased.

Barnhart was arrested on the evening of Oct. 26 and was found with crystal meth and cocaine.

He has struggled with drug addiction and mental health issues since he was young, and has attempted suicide on several occasions.

Justice Greg Koturbash said while the robbery was primarily motivated by Barnhart's drug addiction, it was also motivated in part by greed.

Barnhart had been in custody for 415 days prior to sentencing, and he was given credit for 623 days for enhanced pre-sentence credit.

Therefore, Barnhart will serve an additional 1,177 days on the break and enter charge, with an additional six months for covering his face.

He was also given seven extra days for stealing an elderly man's briefcase from a Tim Hortons in March of 2015, before the break and enter took place.

Crown counsel was seeking a sentence of six to seven years, while Barnhart's defence were looking for a sentence of two years.

While a break and enter conviction has a maximum sentence of life in prison, Koturbash took into account Barnhart's efforts at rehabilitation while in custody.

“It provides cautious optimism that Mr .Barnhart has turned the corner and is ready to put his drug lifestyle behind him,” Koturbash said in court.