Calgary gang member sentenced for carrying loaded, restricted gun

Toting a loaded handgun in his man-purse has landed a Calgary gang associate a four-year, sevenmonth prison term.

Provincial court Judge Mark Tyndale on Tuesday ruled Kai Errol Keller’s Charter rights were breached when he was arrested last Nov. 12, but not enough to exclude the evidence against him.

Tyndale found Keller, 24, guilty of five charges, including possession of a loaded, restricted firearm.

“The seriousness of the offence, here, a loaded handgun in the possession of a reputed gang member, not in his vehicle, but literally in his hands, strikes at the heart of the safety of the community,” Tyndale said in his written ruling allowing the evidence against Keller.

“While I have found that evidence was obtained in a manner that infringed upon Mr. Keller’s rights guaranteed by (the) Charter, I conclude that, having regard to all the circumstances, the admission of it in the proceedings would not bring the administration of justice into disrepute.”

Crown prosecutor Jim Stewart had sought an overall sentence of up to six years, up to five for possessing a prohibited firearm. Stewart suggested an additional year for Keller being in breach of a previous weapon prohibition he was handed in 2012.

He noted Keller was carrying both a concealed gun as well as ammunition when he was arrested by the gang suppression team as he and other associates were leaving a high-end restaurant.

Keller had 26 bullets, including one in the weapon’s chamber, the prosecutor noted.

Tyndale agreed there were several aggravating factors which warranted a sentence in excess of the three years and nine months proposed by defence lawyer Richard Cairns.

“This handgun was easily concealable in the man-purse carried by Mr. Keller,” the judge noted.

“This fact that a round was chambered implies an intention to be willing to immediately resort to use of the weapon.”

Tyndale ruled Keller had been arbitrarily detained for the six minutes it took police to determine he was violating bail on an unrelated charge and was not informed of his right to counsel during that time.

The seriousness of the offence, here, a loaded handgun ... in his hands, strikes at the heart of the safety of the community.