Late on February 12th, OPP were contacted regarding a vehicle alarm and gunshots being heard. The caller reported seeing James near the vehicle with something long in his hand. En route, police had a phone call with James, during which he stated that he confirmed having a gun and shot the truck.
Upon police arriving at his residence, James exited and cooperated with police instructions. He was arrested for mischief, unsafe handling of a firearm, and careless use of a firearm. Three firearms and ammunition were seized due to public safety concerns. James was subsequently released on an undertaking and provided a court date.
Result: This case was challenging because, on the one hand, firing a gun into a vehicle in a residential neighbourhood is irrational even if you are drunk, yet it was in the middle of the night with no one else around and the only person who could have been hurt was the shooter.
At our urging, the accused took to sobriety. He went to AA. He took an anger management course. He pleaded guilty and was cooperative throughout. He had a history of employment and had no criminal record.
We advocated for a conditional discharge (no criminal record) given his strong rehabilitative prospects, but the judge couldn’t justify it, given the danger posed by the accused’s actions. He ultimately was given a criminal record and placed on probation. He also forfeited many family heirloom firearms because he was not registered to possess them.
If you have been charged with an offence and would like to speak to a lawyer about your rights, the Armoured Suits offer a free 30-minute phone consultation to answer all your questions. Contact us by phone at 613-233-0008 or e-mail at yourteam@armouredsuits.ca to schedule your meeting.
