Dustin Sayers’ battle with drugs began more than 35 years ago when he was a young teenager.
Now 49, he's once again in jail for an offence of violence — striking a stranger with a tire iron during a 2020 altercation in a parking lot.
But this time, he's been taking steps since his arrest to deal with his addiction and is making strides, a judge heard last week.
In June, Sayers pleaded guilty to assault with a weapon and two counts of failing to attend court in October 2021 and November 2023.
Sentencing was adjourned so Gladue and pre-sentence reports could be prepared.
When he returned to a Sault Ste. Marie courtroom last Wednesday to be sentenced, he pleaded guilty to further offences: three counts of breaching a release order in February of this year.
The attack took place in a Northern Avenue shopping plaza parking lot at about 2 a.m. on Aug. 11, 2020.
City police were contacted about an assault that had occurred in front of the former Lowe's location.
It began when a woman approached one of the three complainants in the parking lot asking if she could use her phone after discovering the nearby Metro wasn't open, prosecutor Heidi Mitchell said.
When they said no because of COVID-19, she became angry and left.
Fifteen minutes later she returned with Sayers, who hit one of the men on the head with an eight-inch tire iron.
The pair then left in a grey Ford Escape SUV.
Officers were in the area when they received the call and stopped the vehicle as it headed north on Great Northern Road
The victim blacked out for a second, the assistant Crown attorney told Ontario Court Justice Melanie Dunn.
He doesn't know how many times his attacker struck him, but blood was dripping down his face from a gash on his head.
Mitchell provided the court with seven photos of the man's injuries.
She called for a 15-month jail sentence, less credit for the time Sayers has spent in custody since he was arrested in February, followed by two years probation.
He has a "lengthy and awful" criminal record with a number of convictions for violence, including aggravated assault.
"This was an unprovoked, extremely violent attack on a complete stranger in the middle of the night" and it's "fortunate that the injuries were not more serious," the assistant Crown attorney said.
"A signficant custodial sentence is warranted."
She described his guilty pleas as a mitigating factor, noting the pre-sentence report highlights the challenges, particularly substance abuse, that Sayers has faced throughout his life.
Defence lawyer Sarah Tucci asked Dunn to impose a sentence of time served (the equivalent of 10.5 months).
Sayers, a Batchewana First Nation member, lived in Toronto between the ages of 12 and 38, when he moved back to Sault Ste. Marie to be close to his family.
He has been struggling with addiction since he was 13, when he became involved in crime, guns and drugs.
At 17, Sayers was shot and still has a bullet in his cheek, Tucci told the judge.
"He has had a troubled past and has not been good at following court and probation orders."
During his time at the Algoma Treatment and Remand Centre, he's been taking medication to deal with his opioid addiction and speaks weekly with a counsellor, Tucci said.
"He intends to stay clean" and has made arrangements to go to a residential treatment centre in October.
When he was arrested in February, he chose not to seek bail and used his time in custody to get some help.
"He's working hard on his issues and is making strides," the defence said. "He is prepared to turn his life around and focus on his family."
She described Sayers as "a poster boy for committing offences in the scope of significant Gladue factors."
Dunn decided the appropriate sentence for "this random act of violence" that could have resulted in significant injuries is 12 months jail, less credit for the time the accused has spent in pre-sentence custody.
Sayers has an "extensive criminal record," she said, noting Gladue factors are present but rehabilitation also plays a role here.
He has been in her court before and is back for offences committed in the throes of addiction, the judge said.
While in custody at the ATRC on these charges, Sayers has taken considerable steps to address his addictions, and has a solid plan for living a sober life.
"You have been repeatedly involved in the justice system," Dunn told him, but "you followed through on promises" to the court.
"I hope you will again," she said, indicating that she expects he will successfully complete treatment.
With the enhanced credit Sayers received for his pre-sentence custody — 1.5 days for each day — he will spend a further 48 days behind bars.
Once he does this time, he will be on probation for two years, with conditions that include no contact with the complainants.
As well, he must take any recommended assessments, counselling and rehabilitative programs for anger management and substance abuse.
Dunn also imposed a 10-year weapons prohibition and ordered Sayers to provide a DNA sample for the national registry.