Even after 100 convictions, still no jail

'He said he'd come behind the counter and kick his ass if he didn't give him the cigars'

He's been banned from fast food restaurants and gas stations, accumulating a criminal record with 100 convictions.

But a 32-year-old man from Alberta was spared jail Monday after originally being charged with robbery.

B.C. Supreme Court Justice Dev Dley gave Cliffton Spotted Eagle a four-month conditional sentence, followed by two years of probation after he pleaded guilty to uttering threats.

Crown lawyer Jenny Reid said an employee of the North Kamloops Petro-Canada outlet told RCMP that a man later identified as Spotted Eagle slapped down 75 cents on the counter and demanded three or four cheap cigars on Feb. 25.

"He said he'd come behind the counter and kick his ass if he didn't give him the cigars." Reid said.

He was seen on a surveillance video chatting with customers in a drunken state before the encounter with the clerk.

Spotted Eagle was later arrested with $200 in his pocket. He was thought to have consumed nearly two 26-ounce bottles of whisky.

He was charged with robbery and uttering threats. The Crown originally sought a two-year federal sentence for robbery.

But Reid said a room associated with an ASK Wellness residential program became available. The program, which can take more than two years to complete, aims to end drug and alcohol dependency, treat mental illness and provide work training.

Defence lawyer Bill Sundhu said Spotted Eagle grew up in a home where alcohol was routinely abused. He started drinking at 13.

His record includes mostly breaches of court conditions and small property offences. He is forbidden from attending a number of local commercial operations, including Tim Hortons, Petro-Canada, McDonalds and Senor Froggy.

Spotted Eagle was jailed soon after being released on bail following the incident. He served about 97 days in jail before his release Monday.

Conditions of his conditional sentence order and probation include that he reside at a residence approved by ASK Wellness, attend counselling and not go to bars and liquor stores.

But Dley did not oppose a no-alcohol condition after an ASK representative said it can tolerate minor breaches of its abstinence-based program.

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