Teen pleads guilty after bringing gun to bar
Crack cocaine found on teen at time of arrest
Daniel Campbell
Northern News Services
Published Friday, October 18, 2013
SOMBA K'E/YELLOWKNIFE
A 17-year-old who made his way into two downtown bars with a loaded handgun last March was sentenced to eight months in custody yesterday.
Although he is now 18, the youth's identity is still protected under the Youth Criminal Justice Act.
The youth, who is from Langley, B.C., had already pleaded guilty to charges of possessing a loaded, restricted firearm and possession of cocaine.
In an agreed statement of facts, Crown prosecutor Bradley Demone said the young man put a loaded semi-automatic pistol in his belt, before hopping into a cab with another adult male and driving to Harley's Hard Rock Saloon on March 10.
The pistol had six .45-calibre rounds loaded, with one chambered - meaning the gun was ready to fire.
The two left without incident at around 1:45 a.m. and arrived at the Raven Pub shortly after. The court was told the two became aggressive with bar management when asked to leave at closing time.
"You still got our friend with us?" the other male had asked the youth, who tapped on his belt, indicating the location of the gun.
Management lead the two outside and slammed the door behind them, locking them out.
The two eventually left the bar after pounding on the door and hopped into a taxi. At one point, the driver became aware of the handgun. RCMP were called to the scene around 3:45 a.m. and executed a high-risk take down.
After arresting the two, police found the pistol underneath the seat of the cab. They also found five bags of crack-cocaine on the youth, totalling 3.7 grams.
Demone argued the youth should face time behind bars in the range of 8-10 months, plus a year of probation. Caroline Wawzonek, defence lawyer for the youth, said the 18 year old still has plenty of potential and shouldn't be put in jail.
"He is not without hope," Wawzonek said.
Wawzonek argued her client had "diminished moral culpability" as he was only 17 at the time of the offence.
In court records, the youth's date of birth is listed as March 27, 1995, meaning he committed his offences 17 days before he could have been tried as an adult.
"Tell me what you think of this," Judge Garth Malakoe asked Wawzonek.
"If he had done what he did days later, he would have been sentenced to three years."
The criminal code states the minimum sentence for possessing a loaded, restricted firearm is three years for an adult.
Wawzonek replied by stating her client would not have pleaded guilty to that charge had he been an adult.
Malakoe awarded the youth 70 days for the 45 days he'd already spent in custody. The youth will spend three months in jail, followed by 80 days of community service. He'll also be on probation for one year following his time in custody.
The youth put his head on the counsel table and wept when his sentence was read.
Another man from Langley, B.C., Joshua Petten, is charged in the same incident. The 22-year-old underwent a preliminary inquiry on Wednesday to determine if there was enough evidence to take him to trial. Details of the inquiry are protected under a publication ban.
After a hearing from Crown witnesses on Wednesday, Chief Judge Robert Gorin committed Petten to stand trial in Yellowknife Supreme Court.
Petten will be tried for possessing a weapon for a dangerous purpose, carrying a concealed weapon, unauthorized possession of a firearm in a motor vehicle, possessing a loaded and restricted firearm and for obstructing justice.
Demone expects his trial to begin sometime next summer.
