Criminal Defence Lawyer Calgary

Night Club Shooter Avoids Conviction on Attempted Murder Charge

  • 8 April 2015
Charge(s):

CC: s.239(a) – Attempted Murder, s.268 – Aggravated Assault, s.267(a) – Assault with a weapon (firearm), s.88(1) – Possession of a Weapon (firearm) for a Dangerous Purpose, s.87(1) – Pointing a Firearm, s.86(1) – Careless Use of a Firearm, s.85(1)(a) – Using a Firearm to Commit an Indictable Offence, s.90(1) – Carrying a Concealed weapon (firearm), s.91(1) – Unregistered Possession of a Firearm, s.95 – Possessing a Loaded Firearm, s.92(1) – Unlicenced Possession of a Firearm, s.96 – Possession of an Illegally Obtained Firearm, s.139(2) – Threatening a Witness from Providing Evidence, s.423(1)(a) – Threatening a Witness, s.244.1 – Discharging a Firearm in order to Prevent Arrest or Detention, s.244.2(1)(b) – Reckless Discharge of a Firearm, s.264.1(1)(a) – Uttering Death Threats.

Allegations:

My client, together with his two friends, entered a crowded nightclub in the early morning hours, walked up to a rival drug dealer on the dance floor, pulled out a handgun, fired one shot into the ceiling and a second shot into the abdomen of the victim. The bullet lodged in his spine, rendering him permanently disabled. They immediately ran to the front door. My client made it out. However, his two friends got tackled by bouncers at the entrance. My client returned, pointed the firearm at the faces of the bouncers, asked them if they were stupid and asked if they wanted to die. He fired three shots into the air and ordered them to release his friends. Together they ran toward a parked vehicle and escaped. Later that morning, they attended at the home of three witnesses who knew them and who had seen them at the club, and threatened to kill them, if they said anything. The next day, the police found them inside a nearby hotel room. Inside their room was a key to a vehicle where police found the clothing worn by the culprits, as captured on closed circuit video surveillance at the nightclub. The DNA on the clothing matched the DNA of the accused. Gunshot residue was also found on the clothing. They also found my client’s fingerprints inside the vehicle.

Result:

After conducting a two-week long Preliminary Inquiry, and hearing from dozens of civilian witnesses, police officers and expert witnesses, my client instructed me to negotiate a favourable resolution. Ultimately, he pleaded guilty to only two charges: Reckless Discharge of a Firearm (for shooting the victim in the stomach) and Assault with a Weapon (for threatening the bouncers). We presented a joint submission for a sentence of 5.5 years on the first charge and an additional 6 months on the second charge. Subtracting his pre-trial custody, he was left with a remaining sentence of 54 months to serve. Had he been found guilty after trial, he would have been facing a potential sentence of at least 12 years.…

Charges Withdrawn on Violent Attack & Threats with a Weapon

  • 8 April 2015
Charge(s):

CC: s.266 – Assault, s.88(1) – Possession of a Weapon for a Dangerous Purpose

Allegations:

My client engaged in a verbal confrontation with an individual after a house party. My client then brandished a baton and threatened this person. He then left the baton in his vehicle and proceeded to push and punch the victim in the head repeatedly. While the victim was on the ground, in a turtle position, my client kicked him. The victim was in too much pain to walk. EMS attended. Among other injuries, the victim suffered bloody lips and a cut below his eye.

Result:

One month prior to the scheduled trial date, the Crown sent a letter advising that all charges were stayed (withdrawn). No criminal convictions.…

Assault with a Loaded 12-Gauge Shotgun Charge Withdrawn

  • 8 April 2015
Charge(s):

CC: s.87(1) – Point a Firearm, s.88(1) – Possess a Firearm for a Dangerous Purpose, s.267(a) – Assault with a Weapon.

Allegations:

In the heat of a verbal and physical altercation with his older brother, my client pointed a 12-gauge shotgun within 12 inches of his brother’s face and threatened to kill him.

Result:

The Crown was seeking a convicton with serious consequences. However, on the day of trial, the complainant did not present himself. Consequently, the Crown had no evidence to call and withdrew all of the charges. No criminal convictions.…

Charge Withdrawn for Carelessly Firing a Handgun

  • 8 April 2015
Charge(s):

CC: s.86(1) – Careless Use of a Firearm

Allegations:

My client and his friend were drinking Jack Daniels and firing a handgun outdoors, in a rural area. They were stopped by the police, in a high-risk takedown, after the incident was reported by a neighbour.

Result:

Upon providing proof of completion of a Firearms Safety Course, the charge was withdrawn. No criminal conviction.…

Charges Dropped for Drive-By Shootings

  • 8 April 2015
Charge(s):

CC: s.430(1) – Mischief

Allegations:

My client and his friends were driving around, doing drive-by shootings with pellet guns. Numerous persons were hit by the pellets.

Result:

After writing an essay about how a criminal record can affect his future, and paying a charitable donation of $80 to the Calgary Dream Centre, the charge was withdrawn. No criminal conviction.…

Machete-Weilding Accused Discharged

  • 8 April 2015
Charge(s):

CC: s.264.1(1)(a) – Uttering threats, s.267(a) – Assault with a Weapon, s.88(1) – Possession of a Weapon for a Dangerous Purpose

Allegations:

As a result of an argument with his brother, my client threatened to burn down his house while he and his family were inside. The argument ensued with my client raising a machete over his head and threatening to hack up his brother with it. He also threatened his sister-in-law over the telephone by saying that he would kill her. He had a lengthy and related criminal record.

Result:

He pleaded guilty only to the uttering threats charge and received a conditional discharge. The other charges were withdrawn. No criminal convictions.…

Double Stabbing Charges Withdrawn

  • 8 April 2015
Charge(s):

CC: s.267(a) x 2 – Assault with a Weapon

Allegations:

My client entered a room where two individuals were watching TV. He was carrying two steak knives. He held one knife to the throat of one person and began screaming over and over that no one was leaving. When the other person tried to get up and flee, my client stabbed him. Then, when both persons were trying to get out the back door, my client stabbed the other person as well.

Result:

The matter was set for trial. The Crown was unable to locate the victims, in order serve them with subpoenas, and withdrew the charges. No criminal convictions.…

Drug Dealer Avoids Jail on Serious Charges

  • 8 April 2015
Charge(s):

CDSA: s. 5(1) – Trafficking x 3, s. 5(2) – Possession of the Purpose of Trafficking x 2; CC: s.254 – Proceeds of Crime, s. 88(1) – Possession of a Weapon for Dangerous Purpose

Allegations:

My client sold a total of almost 70 grams of marijuana to an undercover officer on three different occassions. A search warant was executed at his residence and an additional 120 grams of marijuana was located, as well as 20 grams of hashish and pepper spray.

Result:

My client pleaded guilty to the three counts of trafficking only. All other charges were wthdrawn. He received a Conditional Sentence Order. No jail.…

Drug & Weapon Charges Withdrawn

  • 8 April 2015
Charge(s):

CDSA: s.4(1) – Possession of Crack Cocaine, s.5(2) – Possession of Cannabis Resin for the Purpose of Trafficking; CC: s.354 – Proceeds of Crime, s.90(1) – Carry a Concealed Weapon

Allegations:

My client was pulled over for speeding and committing other traffic violations. The police saw a baggie containing hashish in his center console. After being arrested and searched, the police found a knife, other drug paraphernalia and some crack cocaine.

Result:

I negotiated a referral to the Federal Alternative Measures Program. My client performed 40 hours of community service work and all of the criminal charges were withdrawn. No criminal convictions.…

Probation for Repeated Domestic Violence

  • 8 April 2015
Charge(s):

CC: s.266 x 2 – Assault, s.264.1(1)(a) x 2 – Uttering Threats, s.267(a) – Assault with a Weapon, s.88(1) – Possession of a Weapon for a Dangerous Purpose, s.145(5) x 2 – Failing to Attend Court

Allegations:

My client was accused of inflicting harm on his wife on several occasions within the past eight years of their marriage. On one occasion, he threw a telephone at her, causing bruising and swelling to her hand. On another occasion, he hit her with a garbage can in the face and almost broke her nose. She lied to the hospital staff about what happened. After completing a 14-week domestic violence course, earlier charges were withdrawn. A few years later, following a heated argument, my client threw his wife down on their bed and held her down, threatening to kick out her teeth and shove a boot up her @%%. When she tried to leave, he body checked her into the wall and then left. One month later, again during a heated argument, while my client was verbally abusing his wife, she tried to calm him down by hugging him, he threw her down on the couch and held her down for about one minute, making threatening remarks, then lifted her off the couch, tearing her night gown in the process, and walked away into the kitchen. She followed him. He grabbed a hammer off the counter, pointed it at her and said: “I will break every bone in your body,” then hit a kettle with the hammer. She ran upstairs and locked herself in a room with their two small children and called police. She had visible bruising to her neck area. After being arrested and released, my client failed to attend court on two separate occasions.

Result:

Since he had already been given the benefit of a peace bond, that option was not available, so I negotiated a plea deal where my client would plead guilty to only one charge of assault. Instead of jail, my client received a suspended sentence, and probation for one year, with one condition that he participate in domestic violence counseling. All other charges were withdrawn.…

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