Friends and family of Cody Brian Lerat became emotional as the 24-year-old was led into custody to begin serving an 18-month jail sentence for break and enter and commit assault with a weapon.
Lerat, from Moose Jaw, appeared in Moose Jaw provincial court on July 8 to receive his sentence. He had pleaded guilty to his charges during a previous court appearance.
As part of a joint submission between the Crown and defence, Lerat will serve 18 months in a provincial correctional centre, followed by 12 months of probation.
Once on probation, he will have to keep the peace and be of good behaviour, report to a probation officer, take addictions treatment, pursue mental health treatment, have no contact with Christopher Bear, not be within five metres of Bear, not be within 50 metres of Bear’s home or work, must submit DNA to police, and possess no weapons or firearms for 10 years.
He can have contact with his ex-girlfriend and can see their child, as long as an exchange is made by a third party.
Moose Jaw police responded to a call about a home invasion on Feb. 14 at 6:30 p.m., explained Crown prosecutor Rob Parker. Police arrived and arrested Lerat, taking him into custody. Police also took a statement from Bear, who showed them a wound in his neck; he said Lerat had stabbed him with a pen.
Lerat had come to the home because the woman there was his ex-partner and the former couple had a five-year-old son together, Parker continued. Lerat was unhappy with the presence of Bear in the home and in his son’s life.
Bear also told police that Lerat had sent a Snapchat video saying Lerat “was coming over to kill them both,” said Parker. “Mr. Bear said he didn’t think much of it as he said Mr. Lerat is usually all talk. He’s said things in the past.”
Bear responded to a knock at the front door and found Lerat standing there. The latter forced his way inside, hit Bear in the face and then struck Bear in the neck with a pen.
The wound does not rise to a level of assault causing bodily harm and can be considered a minor injury, said Parker. However, this incident meets the definition of a break and enter since Lerat forced his way inside and attacked Bear with a weapon.
Defence lawyer Greg Wilson explained the 18 months for incarceration — while seeming to be harsh — is based on past case law and is suggested for someone with no criminal record. This length of time is also suggested since the incident meets the definition of a break and enter.
“He overreacted,” Wilson said. There was the potential for serious injury, he continued, while it could have been worse. Lerat had been attending counselling at the hospital for his depression when this incident occurred.
Judge Daryl Rayner accepted the joint submission recommendation.
Moose Jaw provincial court next meets on July 10.
