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Seven month jail sentence for aiming gun at man's head

Cara Loverock
Northern News Services
Published Wednesday, January 28, 2009

SOMBA K'E/YELLOWKNIFE - A man who pointed an unloaded shotgun at another man's head in a Yellowknife home was sentenced on Friday to seven months in jail.

Chester Allen, 32, said he pointed the double-barrelled shotgun twice at a man as a joke during a visit to the home of Allen's aunt on May 10, 2008.

"While it appears the gun was not loaded ... even if intended as a joke it did not appear that way to the victim," said Crown prosecutor Shannon Smallwood.

Smallwood told the court the RCMP received a call at 10:30 p.m. about the incident at a Yellowknife residence.

Allen had pointed the gun at the man's head, left the home, then came back to the home soon after and pointed the gun at the man's head again. He then apologized, said it was a joke and left a second time.

Allen was located later that evening by police and identified himself by using a fake name. Police were able to establish his true identity.

Charges of obstructing a peace officer and not obeying a probation order in relation to the incident were stayed by the Crown.

Besides the charge of pointing a gun, Allen was also convicted of two charges of failure to comply with a probation order.

"Mr. Allen, you were one of my first customers since I was appointed to the bench and it seems you're still at it aren't you?" said Judge Brian Bruser.

His criminal record was described as "lengthy" by Smallwood. Some of his previous convictions included driving while disqualified, refusing to provide a breath sample, breaching court conditions and escaping lawful custody.

"I think you need a much stronger message to turn this around for a significant amount of time," Bruser said of Allen's request for a lighter sentence.

In addition to seven months in jail, Allen was given eight months of probation after his release and a five-year firearms prohibition. He must also complete the 39 hours of community service he previously failed to finish.