Man carrying handgun faces prison
22-year-old with alleged gang ties brought loaded weapon into bars, threatened staff
Daniel Campbell
Northern News Services
Published Friday, May 9, 2014
SOMBA K'E/YELLOWKNIFE
A young man from B.C. who took a loaded, ready to fire handgun into downtown Yellowknife bars last year now faces at least three years behind bars.
Joshua Luke Petten, 22, faces at least three years behind bars for bringing a loaded, ready to fire handgun into downtown Yellowknife bars last year. - photo courtesy of Facebook |
Joshua Luke Petten, 22, pleaded guilty after a preliminary trial in October to possessing a loaded, restricted firearm on the night of March 10, 2013 - a crime that now carries a mandatory minimum sentence of three years in prison.
Originally from Langely, B.C., Petten flew into Yellowknife the day of his offence and within hours had obtained at least 3.5 grams of cocaine and the handgun with ammunition, the court heard. On probation at the time, Petten told his supervisor he'd be coming to Yellowknife for work.
During his sentencing hearing on Tuesday, Crown prosecutor Brad Demone said on the night in question, Petten consumed the cocaine, and was drunk and on steroids.
"In this state he went into a busy nightclub ... got into an altercation with staff ... emboldened that he and a young friend had a handgun."
A 17-year-old male, also from Langley and whose name is barred from publication by the Youth Criminal Justice Act (YCJA), went with Petten into Harley's Hard Rock Saloon and the Raven Pub that night. He was sentenced to eight months in jail last October for possessing a loaded, restricted firearm and cocaine. The youth, who turned 18 just days after the offence, skirted the mandatory minimum three-year sentence which applies to adults, since the minimum sentence does not apply to the YCJA.
While at the Raven, bar staff tried to remove the two at closing time, but Petten became aggressive.
Petten, who was 21 at the time of his offence, tried to intimidate staff by saying he was a member of the "Nomads" and referencing the handgun, with six .45 calibre rounds loaded and one in the chamber.
The bar staff led the two outside and slammed the door behind them. While outside, Petten flew into a rage, pounding on the door. The two eventually got into a taxi, where Petten brandished the handgun again, allegedly putting it to his head.
RCMP were called to the cab shortly after, where they conducted a "high-risk" take down and arrested the two.
Demone said Petten has a "pro-criminal" attitude and "relishes a tough-guy persona." He said he continues to associate with young men who have alleged gang-ties and criminal backgrounds from B.C.
Demone referenced a pre-sentence report, which indicates Petten doesn't understand the seriousness of his offence. In the report, Petten called the incident "a five-minute mistake that's costing me three years."
Thomas Boyd, Petten's defence attorney, said his client's behaviour may stem from being bullied as a child for having a weight problem.
"His desire to fit in may stem from that," Boyd told the court.
Petten, with close-cropped hair and a zip-up black hoodie, appeared pained as the court heard details of his background.
Both lawyers agreed a sentence of three years and three months would be fair. Petten, who has spent 14 months awaiting his sentence at the North Slave Correctional Centre, asked for enhanced credit of around 20 months toward his sentence.
Boyd indicated his client has had some troubles in jail, noting he'd spent 33 days in administrative segregation because of it.
Justice Karan Shaner said she had "no concerns" with the proposed sentence, but would need time to determine how much credit she would award Petten for the time he's already spent behind bars.
