A burglar left a five-year-old boy devastated after stealing his beloved puppy.
Karen Higgins said 12-week-old French bulldog Stitch had been her autistic son Tyler's "sidekick" before his callous theft by Johnathan Waters. As the mum desperately searched for the pet in the aftermath of the break-in, the 31-year-old - who lived directly across the street from the family - feigned ignorance and told her "that's heavy that".
But he was spared prison over the incident at Liverpool Magistrates' Court yesterday, Tuesday. Magistrates heard that Ms Higgins had been home at the address on Wilburn Street in Walton shortly before May 19 this year when she heard one of their two dogs barking furiously.
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She looked out of the window to see the rear gate "wide open", then went downstairs and discovered the back door ajar and Stitch missing. It is believed that the burglar had climbed through the kitchen window in order to gain entry before stealing the pet.
A witness then saw Waters, who has no recollection of the incident due to being "heavily intoxicated", at the end of the road carrying a dog. He claimed that this was his friend's dog, and that his name was Rocco.
Stitch was thankfully recovered safely and reunited with his rightful owners the following day. Waters, now of Grasmere Street in Anfield, has three previous convictions for burglary in 2008, 2013 and 2015 as well as two for theft in 2020 and 2021.
Joe Ely, defending, told the court that his client had turned to "alcohol misuse" after the "traumatic loss of his brother" three years ago. He said that the defendant had found his body following his suicide.
Mr Ely added: "This has had a significant impact upon his emotional wellbeing and mental health. Rather than seeking professional help for that, Mr Waters has turned to the misuse of alcohol intending to self-medicate.
"Unfortunately, this self-medication has had an adverse effect on his behaviour. When one considers his antecedent history, one has to go back a significant period to see an offence of burglary.
"It would be my submission that the only benefit of immediate custody would by a punitive element. It would perform no rehabilitative function.
"He would simply go to custody for a relatively short period of time where he can get no help for his mental health or misuse of alcohol, or very limited help. It would result in him being released from a custodial environment in the same or worse conditions.
"If his needs are addressed, it would significantly reduce the the risk of reoffending and Mr Waters coming back before the courts. That's what everybody wants - the community would want Mr Waters remaining offence free.
"I would prey in aid to give Mr Waters this one opportunity to demonstrate that he is willing and able to make changes to his lifestyle and significantly reduce the risk of him coming back before these courts."
Waters, who admitted burglary during an earlier hearing, was handed a 12-month imprisonment suspended for a year.
Sentencing, magistrates panel chairman Sheila McGrath said: "We've listened carefully to what has been said this afternoon. This was a significant theft, causing emotional upset for the victim.
"We have also taken into account your previous convictions and your early guilty plea. We are going to impose one years' custody, but we are going to suspended that for 12 months."
Waters was also handed a rehabilitation activity requirement of up to 40 days and handed an eight-week curfew from 7pm to 7am. He must also pay a £120 victim surcharge and £85 in court costs.
Ms Higgins previously told The ECHO that Stitch had been "stuck to Tyler like glue" since coming into their lives. She said: "I had just locked up and put the dogs in the kitchen before heading upstairs to bed to watch the soaps.
"I heard this sound of dishes crashing and a big smash, which was a candle my eldest got me for Mother's Day. I ran straight to the window and saw the back fence open.
"I would never do that because it's always bolted for the dogs. I ran into the street because I was too scared to go into the kitchen.
"I was screaming 'somebody is in my house', but nobody was listening. In the end, somebody came over and went into the kitchen for me and said my dog was gone and the window was forced open."
Ms Higgins said that Waters then came out into street and said "that's heavy that" after she told him what had happened. He had seen Stitch for the first time the morning previous.
She added: "Stitch was just playing in the street and he came over and said 'oh he's boss isn't he' and was asking questions about him. I couldn't believe it.
"Since he came into the house he's made a bond with this boy. They're inseparable.
"I can't even describe this bond. He was staying at his dad's, and every time I FaceTime him he says 'where's the baby?'.
"That's what he calls Stitch."
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