Shotgun struggle leads to prison sentence
A Prince George man whose sawed-off shotgun went off during a struggle, leaving an adversary in jeopardy of losing the lower part of a leg, was sentenced Tuesday to a further two years and one day in prison.
Tyler Johnathan Woods, 21, was issued the term in provincial court after earlier pleading guilty to possession of a prohibited firearm with ammunition.
A handful of more serious counts – including intentionally discharging a firearm while reckless – were dropped because it was not clear who, if anyone, had pulled the trigger.
According to an agreed statement of facts read into the court record, the incident occurred in his basement suite during the early morning of June 3, 2017 after the victim had shown up unannounced and was tapping a knife blade against a window. The two had been friends but there had been a falling out, possibly over rumours Woods was suspected of spreading and his frustration with the other man’s failure to quit drugs.
The two had been at odds before, with the man holding a knife to Woods’ throat on one occasion, the court was told.
Rather than call police, Woods picked up the shotgun and let the man into his home through the window. Once he was inside, both put down their weapons but their discussion escalated into an argument. The two then leapt for their weapons and a struggle over the shotgun, which held two .22-calibre shells, ensued. The gun went off at quarters, firing one of the shells close enough for both the pellets and the wadding to pierce the other man’s left leg just above the knee.
The wound required extensive surgery and there is still a chance the man will lose his lower leg, the court was told.
At the least, he will suffer lifelong trouble from the injury, it was added.
As the struggle continued, the man was able to gain control of the gun and fire off the remaining round into a wall. The shotgun rendered empty, the man reached for his knife once again. Woods responded by grabbing the gun and striking the man’s head three times and hard enough to crack the wood stock.
But with knife in hand, the man was able to ward off Woods and call 911.
Woods initially claimed to police that the man had brought the firearm with him and somehow shot himself. When the story did not match the physical evidence found at the scene, police questioned him further and Woods admitted the gun was his. Woods said he lied at first over concern police would automatically assume he intentionally shot the man.
Woods admitted to being high on marijuana while there was the smell of liquor on the man’s breath and traces of methamphetamine were found in his system while at the hospital.
A small amount of heroin was found in Woods’ suite.
The gun’s barrel had been sawed off and the stock modified into a pistol grip, rendering it a prohibited firearm. Woods said he had found it at a party and took it home to use for protection.
Woods, who does not have a previous criminal record, had credit for 14 months time served prior to sentencing and in all, was sentenced to 38 months behind bars.
The extra day was added so he can serve the remainder of his sentence in a federal prison where he can access better programs.
The sentence was a joint submission from Crown and defence counsels.