Accused in home invasion to be tried by judge and jury
By Delon Shurtz - Lethbridge Herald on July 24, 2024.
LETHBRIDGE HERALDdshurtz@lethbridgeherald.com
One of three individuals charged in relation to a home invasion earlier in the year has decided to let a jury determine his fate.
During a brief hearing Tuesday in Lethbridge court of justice, Calgary lawyer Robin McIntyre pleaded not guilty on behalf of her client, Donovan James Holmberg, and told court her client elects to be tried by a Court of King’s Bench judge and jury, with a preliminary hearing.
A preliminary hearing typically determines whether there is enough evidence to warrant a trial.
Holmberg, 38, is charged with two counts of possession of a weapon for a dangerous purpose, two counts of using a stolen credit card, and single counts of break and enter to commit robbery, robbery with a firearm, assault with a weapon, aggravated assault, disguised with intent and possession of a firearm while prohibited.
On March 9 police responded to a report that a 67-year-old man had been injured during an early morning home invasion, and learned the man had met a woman online and agreed to meet with her at his home.
When he answered the door, the woman and two masked men, who were armed with a firearm and knife, forced their way into the home. The suspects stole property from the victim, including his wallet and cell phone, struck him in the face with the firearm and cut him with the knife before fleeing in an SUV.
The victim’s bank cards were used at local convenience stores by a man who was recorded on video surveillance and subsequently identified by police. Following further investigation, the woman and the other man were also identified.
On March 11, police found and arrested the woman. A day later the two men were also arrested. One of the men had a black BB handgun and property belonging to the victim.
Cole Randall Martin faces two counts of possession of a weapon for a dangerous purpose, and single counts of break and enter to commit robbery, robbery with a firearm, assault with a weapon, aggravated assault and being disguised with intent.
Martin, 35, was released on bail in June and ordered to live with his mother in Rimbey, Alta. His mother had agreed to act as surety for her son, who was also to obey a curfew 24 hours a day.
On July 14, however, the woman was released as surety after she told the judge Martin had left her home to return to Lethbridge. When Martin failed to attend a scheduled court hearing two days later, a warrant was issued for his arrest and he was back in custody shortly afterward.
Martin is scheduled to return to court on July 31, ostensibly for another bail hearing.
A third accused, Amber Louise Dunn, 31, is charged with two counts of possession of a weapon for a dangerous purpose, and single counts of break and enter/commit theft, assault with a weapon, aggravated assault and robbery with a firearm. Her matter returns to court on Aug. 7 to confirm if she has applied to the drug treatment court.
Holmberg’s next court appearance is scheduled for Aug. 1 to confirm a date for a pre-trial conference, at which the Crown, defence and judge will discuss issues and determine a date for a two-day preliminary hearing.
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