Man pleads guilty after driving excavator into vehicles, buildings at Winnipeg water treatment plant

Aaron Michael Yarema says he "got carried away" when he caused over a million dollars in damage to the City of Winnipeg's Deacon Reservoir water treatment plant, after he drove an excavator into vehicles, equipment and buildings in the early morning hours of Sept. 3, 2023.

"I love my city. I regret what I did," Yarema said at a hearing in Manitoba provincial court on Monday.

Yarema, 39, has pleaded guilty to dangerous operation of a motor vehicle, mischief over $5,000 and assault of an officer following charges related to the incident. He also pleaded to a separate charge of assaulting a peace office after he spit at an officer while jailed for sexual interference and sexual assault in February 2023.

The prosecution said Yarema did not deny damaging the water treatment plant, but did justify and minimize the damages by indicating fault with the owner for leaving keys in the ignition of the excavator.

"He commented, 'Any big kid is going to play demolition derby,'" said Crown prosecutor Martyn Langstaff, referencing a pre-sentence report submitted to court.

The pre-sentence report said Yarema had used crack cocaine and methamphetamine within the 24 hours prior to the offence.

Five buildings, city equipment like backhoes and skid steers, and several employee vehicles were damaged during the "rampage," Langstaff said.

"There was no real logical reason for this that we can point to. It doesn't make any sense," said Langstaff. 

"This is a situation where there likely will be a significant cost to the taxpayers that will never be paid back."

Damages total over $1 million, which include an estimated value of $435,000 to city equipment — covered by the city's insurance — construction costs to repair building of $455,775 and Manitoba Public Insurance costs of vehicles at $341,939.

Prosecution seeks 35 months

Yarema had previously been released from custody under a condition order when he went onto the property at Deacon Road east of Highway 207.

When officers arrived at the water treatment plant around 4 a.m. they witnessed Yarema driving an excavator in a "reckless manner, attempting to damage the building," court heard.

Police ordered the man over a loudspeaker to stop and turn off the machine, but he refused and continued to drive the excavator around the property away from the officers.

Court heard police hit the doors of the excavator with their batons and eventually threatened to use a stun gun on the man after they were finally able to open the equipment's door. Police tried to remove the man but he refused to get out of the excavator and spit on one officer's vest in the process.

The defence said that while "spitting is vile behaviour" and not condoned by the court, it is also on the lower end of the scale of assault and did not result in any injuries.

"Certainly there's some considerations there ... but he has accepted responsibility and that is considered by the courts a sign of remorse," said defence attorney Crystal Antila.

"So for somebody with no criminal record, I would suggest it's certainly on the lower end of the scale," Antila said.

The defence argued that while the damages were significant, it's the amount rather than the actions that have taken the charge of mischief into a "higher level." 

Gladue factors — systemic and background factors that affect Indigenous people —  are also important to consider and must be taken into account while deciding sentencing, Antila said.

The prosecution seeks 35 months and one day, with credit for time served — around nine and a half months going forward, the prosecutor said. The defence is seeking an 18-month sentence with credit for time already served.

Yarema's sexual assault and sexual interference charges have not yet been tried in court.

The judge has reserved his decision until a future court date of Jan. 31.