Guilty plea in firearm case leads to probation
By Delon Shurtz on March 31, 2021.
LETHBRIDGE HERALDdshurtz@lethbridgeherald.com A former Lethbridge man who put a scare into patrons of a local pub when he pulled a gun from his car, barely avoided a jail sentence after he pleaded guilty Monday to one count of unauthorized possession of a firearm.Brandon Murphy, 22, was at Hudson’s Tap House at about 1:30 a.m. Dec. 28, 2019, when he became involved in a drunken altercation with several other men. Witnesses said the men were trying to fight Murphy, but he ran to his car, opened the trunk and pulled out a rifle case. He started to remove a rifle but returned it to the case when he noticed an employee watching him.
Murphy drove a short distance away, then returned, but when he attempted to re-enter the pub, he was turned away. He told the employee he had had a .22 rifle loaded and cocked, but he only intended to defend himself because the other men were threatening to kill him.
Police searched Murphy’s car and found the gun case, as well as three rifles, including the .22. One of the guns, an SKS rifle, was loaded, and even though it had a trigger lock, it wasn’t locked.
Police also found bullets scattered inside the vehicle, a box with ammunition behind the driver’s seat, and other gun-related paraphernalia.
During his arrest Murphy told police one of the men involved in the altercation wanted to fight him, but he walked away to cool off. When he returned the the man continued to lip him off, so he went to his car for the gun.
“This was probably the dumbest thing I could have done tonight,” he told police.
The Crown and Calgary lawyer Tonii Roulston recommended Murphy receive a conditional discharge rather than go to jail, given his guilty plea, co-operation with police and several other mitigating factors.
Roulston suggested the unusual circumstances of the case warranted the lesser sentence, and she pointed out her client, who does not have a criminal record, successfully completed several counseling sessions, including sessions for anger management. He admitted he had been careless with his guns, but only used them to shoot gophers and other small animals.
Roulston added Murphy didn’t fully remove the rifle from the case, and decided instead to drive away.
“This could have gone very wrong, very fast,” Roulston admitted. “Thank goodness there’s sober second thought.”
Judge Derek Redman said he had some concern with the recommendation for a conditional discharge, especially since the incident involved guns. But he added because the discharge came as a joint submission from defence and the Crown, he accepted it.
Murphy will also be on probation for 18 months, during which he must be assessed and continue counseling, abstain from drinking alcohol and consuming other intoxicating substances, and not possess any weapons. He was also levied a $500 victim fine surcharge, and he must perform 25 hours of community service. Follow @DShurtzHerald on Twitter 4
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