Assessment cancelled for accused facing firearms charges
By Delon Shurtz - Lethbridge Herald on August 23, 2023.
LETHBRIDGE HERALDdshurtz@lethbridgeherald.com A 37-year-old man who was referred in June and July for an inpatient psychiatric assessment, says he no longer wants to be assessed.Danial Mark Ferguson had, by his own request, been referred in June for a 30-day forensic assessment at the Southern Alberta Forensic Psychiatry Centre in Calgary, but when it wasn’t completed in time for a court hearing in July, the assessment was ordered again.
However, during a brief hearing last week in Lethbridge court of justice, Lethbridge lawyer Justin Dean said the assessment is no longer necessary, and it was cancelled.
The order under Section 672 of the Criminal Code, allows the court to order an assessment of the mental condition of an accused, if there are reasonable grounds to believe it’s necessary to determine whether the accused is unfit to stand trial, and whether the accused 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 initially asked for the assessment on June 16, but the judge denied his request in absence of enough substantial evidence, even though the accused told court, “do you need me to kill myself or kill someone else? I am crazy, I’m just telling you that right now. I could kill myself right now.”
Although the matter was adjourned, another judge granted the assessment a few days later.
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.
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.
The case is scheduled to return to court today, ostensibly for a bail hearing. Follow @DShurtzHerald on Twitter 4
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