No bail for man accused of firing BB gun
By Delon Shurtz - Lethbridge Herald on August 24, 2023.
LETHBRIDGE HERALDdshurtz@lethbridgeherald.com A 37-year-old man accused of firing a BB gun at a Coaldale home and later at a motorist, has failed in his bid to be released from custody.Danial Mark Ferguson had hoped to be released from remand custody Wednesday following his bail hearing in Lethbridge court of justice, but after hearing arguments from the Crown and defence, and testimony by Ferguson’s mother who was to act as surety for the accused, Justice F. C. Fisher refused to release him.
Ferguson faces two charges each of pointing a firearm, discharging a firearm with intent, and mischief causing damage under $5,000, as well as single charges of possession of a weapon for a dangerous purpose, dangerous driving, and failure to comply with release conditions.
Although evidence presented during the bail hearing is subject to a publication ban, police reported in May that shortly before 5 p.m. May 26 RCMP responded to a report of a shooting at a home in Coaldale. When police arrived the alleged shooter had already left, and was reportedly driving toward Lethbridge on Highway 3. Police said he also shot at another motorist.
The suspect was stopped at the intersection of Highway 3 and 43 Street in Lethbridge, and arrested by RCMP and Lethbridge police.
“A pistol was located in the vehicle and was determined to be a Winchester BB gun replica of a 1911 pistol,” officials said in a news release.
At the conclusion of the bail hearing, the judge ordered, at the request of defence, a psychiatric assessment for Ferguson at the Southern Alberta Forensic Psychiatry Centre in Calgary. The assessment is to determine whether Ferguson was, at the time of the commission of the alleged offence, suffering from a mental disorder so as to be exempt from criminal responsibility.
Ferguson had previously been referred for the assessment, but during a court hearing last week the order was cancelled after defence said it was no longer necessary.
The matter is scheduled to return to court Sept. 20 to determine whether the assessment and subsequent report have been completed. Follow @DShurtzHerald on Twitter 4
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