3 1/2-year jail term sought over handgun

Penticton man was arrested carrying loaded revolver outside restaurant

A Penticton man convicted of carrying a loaded revolver outside the Denny’s restaurant in Penticton is facing three years in jail.

Cody Wilson was convicted by a jury in February of possession of a prohibited firearm, carrying a concealed weapon and improper storage of a firearm.

Crown counsel Andrew Vandersluys submitted a sentence of 3 1/2 years to Justice David Crossin on Friday during the first of a two-part sentencing hearing in B.C. Supreme Court in Penticton.

Wilson’s arrest was recorded on video by a bystander. The video shows two RCMP officers finding a snub-nosed revolver in Wilson’s pants pocket on Oct. 7, 2016.

At trial, the jury did not accept the defence’s argument that Wilson’s girlfriend called 911 from the restaurant’s bathroom, informing police he had a gun, to frame him.

Nor did the jury accept defence counsel Michael Patterson’s suggestion that the somewhat grainy video didn’t show officers finding a gun.

Wilson was acquitted of the charge relating to a black handgun found under his truck’s passenger seat following his arrest.

Patterson suggested a two-year conditional sentence with 24-hour house arrest for a “significant portion” of that time, followed by a probation order of up to three years.

Patterson argued Wilson’s successful stint on bail from October 2016 until his 2018 trial demonstrated his client can follow court orders and restrictions.

However, Vandersluys countered that Wilson was attending the sentencing hearing in custody and facing new charges of allegedly possessing methamphetamine and stolen vehicle registration documents while awaiting his sentencing.

Patterson said the allegations were “surprising” when he learned of them, but added “presumption of innocence looms large” in the sentencing of Wilson, who had no prior criminal record before his conviction in February.

Wilson took the opportunity to speak during the sentencing hearing, maintaining he had the gun in his pocket that day for self-defence purposes.

“Everything happened so fast back then. I take full responsibility. I am not a hardened criminal, nor do I want to be a hardened criminal,” he said.

Crossin is returning with his sentencing decision on June 1.