Prosecutor Demands Jail Time for Unusual Calgary Break-In
A Calgary prosecutor has formally requested a one-year jail sentence for a man convicted of illegally tunnelling into his upstairs neighbor's apartment in what authorities describe as particularly bizarre criminal behavior. Crown lawyer Petter Hurich presented the sentencing recommendation before Justice Eric Tolppanen on Thursday, arguing that the unusual nature of the break-in warrants significant punishment.
Details of the Unusual Crime
The incident occurred at an apartment building on Coach Hill Road S.W. where Ben Maize, a ground-floor resident, created a tunnel from his own apartment into the unit above his. According to court documents, Maize broke through the wall of his apartment into a crawl space behind his fireplace, then used a ladder to climb up to the space behind his neighbor's unit before breaking through her wall.
Betty Golightly, the upstairs neighbor, testified that she returned to her apartment on September 5, 2025, after being away for a month to find the hotel-style latch on her front door had been engaged from the inside. After having her brother-in-law saw off the latch to gain entry, she discovered a large hole in her wall and evidence that someone had been inside her home.
Prosecutor's Sentencing Recommendations
Crown lawyer Hurich recommended not only a one-year jail term but also a two-year probation period for Maize. The prosecutor specifically suggested that one condition of probation should include a psychological assessment at the Forensic Assessment Outpatient Service.
"That may provide some explanation for what was bizarre behavior," Hurich told the court regarding Maize's actions. The prosecutor noted that Maize moved items around inside Golightly's apartment but did not take anything.
Victim Impact and Safety Concerns
Hurich emphasized the traumatic impact on the victim, noting that Golightly expressed ongoing fear in her victim impact statement. "It will make it difficult for Ms. Golightly to feel safe in the future, wherever she is," the prosecutor stated.
The Crown lawyer argued that the method of entry through the wall made the crime particularly disturbing and traumatizing for the victim. Golightly had indicated she went to stay with her sister because of concerns about her neighbor prior to discovering the break-in.
Additional Sentencing Conditions Proposed
Beyond the jail time and probation, Hurich recommended several additional conditions for Maize's sentence:
- A no-contact order between Maize and Golightly
- An order prohibiting Maize from coming within 200 meters of the apartment building
- Credit for time already served in custody since his arrest on September 5, 2025
The prosecutor noted that Maize has been evicted from the building since his arrest and has represented himself throughout the legal proceedings.
Lack of Remorse and Insight
Hurich told the court that "there was nothing to indicate Maize has any insight into his conduct and has not shown any remorse for his actions." The prosecutor argued that "a significant custodial sentence is required to communicate the wrongfulness of Mr. Maize's actions."
Maize declined to make any sentencing submissions during the hearing. Justice Tolppanen, who convicted Maize last month of break and enter and committing mischief to property, will set a date for his sentencing ruling on Friday.
The case has drawn attention due to its unusual nature, with authorities describing the tunneling method as particularly concerning for community safety and victim trauma. The sentencing decision will determine whether the court accepts the Crown's recommendations for both punishment and mental health intervention in this unusual Calgary criminal case.
