Masked robber gets six-and-a-half years in jail

Brad Works
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AMHERST - The masked man who robbed an Amherst store clerk at knifepoint nearly five years ago is going to jail for six-and-a-half years.
Marty David O'Brien was sentenced this week by Amherst Supreme Court Judge John D. Murphy for the armed robbery of the Top of the Hill convenience store that occurred at about 10 p.m., on Oct. 11, 2004.
O'Brien was convicted on charges of robbery, wearing a mask while committing an indictable offence, and possession of a weapon (a knife) for the purpose of committing an offence.
"I've considered the total situation with respect to Mr. O'Brien and the fact that he is in custody, and has been in custody for five years, and this will be added to the end of that sentence," Murphy said in his written decision. "I have also considered that, although I'm not giving any credit for remand time, it's possible that in a very best case scenario, he might have been out of custody for the last month or two."
The judge acknowledged the crime was premeditated, serious and left the female clerk "shaken up."
The Crown had asked for a nine- to 12-year sentence. The maximum allowable sentence is life imprisonment.
The judge noted O'Brien has a lengthy criminal record dating back 30 years with about 70 offences, "many of them serious, including a previous robbery conviction and break and enter convictions."
O'Brien received six-and-a-half years for the robbery charge, to run consecutive to time now being served for another crime; two years for wearing a masking during the crime, to be served concurrently to the robbery charge, and a three-year sentence for the use of the knife, also to be served concurrently.
"I am cognizant here of the fact that Mr. O'Brien, while he has a very long record and a very troublesome record, has not committed any offences in more than four years. Now the reason for that may well be that he has been in custody for all of that time, but as he did point out, he has already been in custody for five years on this stretch, and the record does show that his last offence took place more than four years ago," the judge said.

bworks@amherstdaily.com

Organizations: Supreme Court

Geographic location: AMHERST

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