A B.C. man has been sentenced to a year in jail for a string of crimes, including the arson of two cars.
Vancouver Provincial Court Judge Jennifer Oulton said the sentence she gave Joshua Matthew Tolosa would have been longer had he not done work in pre-trial custody to better his education and deal with his addiction issues.
“I’m sorry for everything I did,” Tolosa told the judge. “It doesn’t justify what I have done. I am remorseful.”
Oulton asked Crown prosecutor Elise McCormick why the suggested sentence was not longer. McCormick said that was the agreement that had been reached.
With credit for time served, Tolosa has another six months to serve as well as two years’ probation.
Tolosa entered 13 guilty pleas on 24 charges.
Those pleas included:
• two of arson damaging property;
• one of uttering threats;
• three of theft of $5,000 or under;
• three of mischief $5,000 or under;
• one of breaking and entering and committing an indictable offence;
• one of taking a motor vehicle without consent of the owner;
• failing to report under a court order;
• one of fraud of $5,000 or under; and,
• one of driving while prohibited.
McCormick told Oulton the arson arose from a situation where Tolosa had done some work for an East Vancouver neighbour and had not been paid.
Oulton heard Tolosoa had tried to get the payment through the courts but without success.
The situation arose around the time Tolosa’s father had died and he had told his family he would pay for the funeral.
“Him not paying me made me angry,” Tolosa told the judge. “Still, I should have not done what I did.”
“The day he put fire to those cars, he was completely out of his mind with stress,” said defence lawyer Evilasio Dos Santos, noting his client has cut ties with his former friends, wants to improve himself and deal with his addiction issues so he can help his elderly mother.
“He needs to get help. He realizes that,” Dos Santos said.
Tolosa had been in the vehicle owner’s home just before the late-night fire on July 31, 2021. The man had called police worried about Tolosa’s behaviour. Police came and left.
Several hours later, police were called by the Vancouver Fire Department about two vehicles on fire.
The elderly man looked out of his house to see his vehicle ablaze. He said he heard someone yelling, “That’s what you get.”
McCormick said the man is now afraid to go out on his deck and his family is afraid to visit.
The second vehicle belonged to a self-employed man who didn’t know Tolosa. It was his work vehicle and contained his tools, which were destroyed.
McCormick said a pre-sentence report from last year indicated Tolosa had an “extremely cavalier” attitude toward the crime and the impact on the victims.
The uttering threats charge came from Tolosa being at a Richmond Walmart where he stole a T-shirt.
When confronted by a loss-prevention officer, McCormick said Tolosa said, “’I’ll shoot you in your f**king face.”
The fraud charge relates to an incident where Tolosa and a co-accused went to a Burnaby Home Depot and bought a nail gun for which they obtained a receipt. They then stole another $581 nail gun and returned the first for cash.
McCormick said Tolosa has been in and out of custody as the charge count rose.
He was permanently detained after failing to report as per a court order.
For an August 2022 incident where police saw Tolosa driving while prohibited, he was fine $500 and prohibited from driving for 12 months.
