Two men accused of a brazen jewelry store robbery in Regina were acquitted on Tuesday after a provincial court judge ruled the evidence fell short of proving their guilt beyond a reasonable doubt.
Judge cites reasonable doubt in acquittals
Judge Marylynne Beaton found Rylan Macphee and Waylon Tourangeau not guilty of robbery and wearing a disguise with intent to commit an offence. Related charges against Briana Bouchie were stayed following the judge's decision.
“Although it is very suspicious, I cannot be convinced beyond a reasonable doubt,” Beaton said in court.
The Crown had asked the judge to infer that Macphee and Tourangeau were the masked individuals seen on security footage smashing display cases and stealing jewelry from Ben Moss Jewellers in Northgate Mall on Aug. 8, 2025. The stolen merchandise was estimated by police to be worth upwards of $200,000.
Eyewitness testimony and surveillance footage
The trial heard from two eyewitness employees of the jewelry store. Neither could identify the masked individuals who burst into the store. However, one employee identified Macphee and Tourangeau as having visited the store with a woman a few hours before the robbery. That employee recognized them in earlier surveillance footage from the store.
Additional security footage showed the group using a black SUV. In separate footage, the masked thieves were seen getting out of a black SUV. Beaton found that the SUV seen in earlier footage was the same vehicle used as the getaway car, noting unique aspects pointed out by prosecutor Matthew Dahl in his closing argument.
However, the judge could not be certain about Tourangeau's identity. She noted that 90 minutes had elapsed between the time Macphee was seen on video with the vehicle and the robbery. “An inference of guilt drawn from circumstantial evidence should be the only reasonable inference that such evidence permits,” Beaton said.
Defence argues lack of evidence
Defence lawyer Nathan Metivier, representing Macphee, argued that in such a large amount of time “anything could have happened.” While he did not concede his client was among the group in earlier footage, he argued it was unclear whether some, none, or all of the black SUV’s original occupants were still in it at the time of the robbery. He said an absence of evidence left room for reasonable doubt.
Beaton concluded that although the circumstances were suspicious, she could not be convinced beyond a reasonable doubt of the men's guilt. The acquittals highlight the burden of proof required in criminal cases, especially when relying on circumstantial evidence.
