Defense asks for deportation of Canadian who crossed St. Clair River for robbery
A defense attorney for a man who crossed the St. Clair River to steal a gun from a New Haven shop is asking for his client to be sentenced to time served and deported back to Canada.
Defense Attorney James Gerometta said his client, 24-year-old Jeremy James Wallace from Sombra, was diagnosed with schizophrenia as a teenager and that his sentence should focus on treating his mental illness.
"After five months in custody, he is medicated and stable," Gerometta wrote in a brief arguing for a lower sentence. "He is facing deportation and criminal charges in Canada immediately upon his release from custody in the United States."
Wallace entered the United States near East China Township just after midnight on Sept. 6, bringing with him nine .22 caliber bullets, a crossbow pistol and a hammer to break into a gun store. He then reportedly walked 17 miles in 13 hours to New Haven.
Wallace told police he planned to walk back to the border after stealing the gun, but was instead caught and arrested in New Haven.
Gerometta wrote that Wallace had not been taking his medication because of negative side effects.
"His improvement shows just how ill he was when he was unmedicated, and it speaks to how remarkable he is, given that the improvement occurred while he was incarcerated in a foreign county for the first time in his life," Gerometta said.
Wallace pleaded guilty to possession of a stolen firearm in October with the condition that his illegal entry charge be dismissed.
Though Wallace could face up to two-and-a-half years in prison under the plea agreement, Gerometta says Wallace should be returned to Canada, where he faces arrest for violating the terms of his bond in an unrelated case. The best option, according to Gerometta, is for him to resolve his case in Canada and focus on treatment.
"When the primary motivation for an offense is a psychotic break, the goals of punishment and deterrence should carry much less weight," Gerometta wrote in his memorandum. "Mr. Wallace was not in rational control of himself when he committed the crime. He and others who suffer psychotic episodes are unlikely to be deterred by whatever sentence is imposed."
Assistant U.S. Attorney Susan Fairchild argued for a 30-month sentence, citing the fear Wallace caused in New Haven with his actions.
"Wallace’s planned robbery at the Pawn Shop caused the employees and responding police officers to fear for their own lives and the lives of others in the community," Fairchild wrote in her own sentencing memorandum. "Due to the robbery, two schools in the area were placed on lock-down as a precautionary measure."
Fairchild goes on to point out Wallace's actions were planned out ahead of time, given he brought tools and equipment to break into the store, and that he had made statements indicating he planned to kill someone with the gun when he returned to Canada.
"Although Wallace suffers from some mental issues, it is clear from the crime committed that he wasfully aware of his actions, undertook considerable effort and planning to orchestrate the scheme and was clever enough to carry it out."
Wallace's sentencing hearing is scheduled for 10:30 a.m. Tuesday.
Contact Johnathan Hogan at jhogan@gannett.com.
This article originally appeared on Port Huron Times Herald: Defense asks for deportation of Canadian in pawn shop robbery case
