Man given 4-year term for handgun

Loaded restricted firearm found on bedroom floor

A convicted killer has been sentenced to four years in jail for possession of a loaded handgun.

Daniel Mader, 34, pleaded guilty to possession of a loaded restricted firearm and possession of a prohibited firearm.

On Jan. 6, 2017, Kelowna RCMP executed a search warrant at a residence on Hein Road, where Mader was living.

Officers found a black semi-automatic handgun on the floor of Mader’s bedroom with one bullet in the chamber and nine bullets in the magazine.

After a short struggle with police, Mader was arrested.

The handgun was later swabbed for DNA, and it was determined Mader’s DNA was on the gun, a Kelowna court heard Tuesday.

Mader had the gun in his home because he had concerns for his safety at the time, said Crown prosecutor Nick Lerfold.

In August 2016, Mader’s halfbrother was murdered in the Hein Road complex, said Lerfold.

“There was some concern amongst law enforcement that there was further concern for safety of Mr. Mader and other members of his family,” he said. “I don’t think there (are) any doubts from local law enforcement that any concerns Mr. Mader had for his safety in January of 2017 were legitimate.”

Crown and defence presented a joint submission, suggesting a global sentence of four years for the charges.

“Mr. Mader comes before the court today with what I would describe as a very serious criminal record,” said Lerfold.

The most serious of the convictions was for manslaughter.

In March 2010, Mader was sentenced to 8 1/2 years in prison for his part in the 2005 killing of Jody Elliott. Justice Alison Beames granted him double credit for time served before sentencing, resulting in 18 months of new jail time.

On Tuesday, Judge Gale Sinclair accepted the joint submission for the firearms charges and sentenced Mader to four years in jail for possession of a loaded restricted firearm and six months consecutive for possession of a prohibited firearm.

He was given credit for one year on the first charge and six months’ credit for the second, giving him three years left to serve.

Other charges against Mader, including two counts of possession of a firearm without a licence, careless storage of a firearm and altering a firearm serial number, were stayed by the Crown.

All charges against co-accused Shannah Mccray were also stayed.