Yarmouth man sentenced for shooting

from the direction of the woods (where a friend) had chased the other person,” said Crown attorney Del Wickens. “Both unknown men got away.”

The Crown said Hopkins was afraid the two men would return to his residence that night. The court was told around 9 p.m. Hopkins heard someone banging on the side of the house. The Crown said he went into a bedroom, unlocked a gun, loaded it, went outside and saw an unknown male.

“He was scared the man might have a gun,” said Wickens, based on what had allegedly happened earlier in the day. He said Hopkins shot the gun, aiming low. The man was shot in the leg.

It was also stated in court that a ski mask was found outside the residence.

Hopkins called 911 to report the shooting. When the police arrived the man who was shot, Adrian Muise, was still on the ground suffering from a wound to his leg. He was transported to hospital in Yarmouth with nonlife threatening injuries.

The Crown said Hopkins should not have done what he did – fired a gun at another person. He won’t be able to possess fire- arms during the 18 months of his sentence and probation period.

Hopkins had no criminal record prior to this incident. The sentence was a joint recommendation from the Crown and defence.

Hopkins’ lawyer, Louis d’Entremont, said his client is a lobster fisherman and that during this off-season he is taking several courses “to better himself” as it relates to his future in the fisheries.

“I realize this is a serious offence, anytime there is a firearm involved, it’s serious, no question,” d’Entremont said. “However, there was a strong possibility of a self-defence argument here.” The Crown did not dispute this.

Judge Claudine MacDonald, who accepted the joint recommendation for sentencing, told Hopkins there were two sides to this case.

“On the one hand it’s a very serious offence. This is a charge that involves you actually shooting somebody with a firearm . . . and causing injury to that person,” she said.

On the other hand, she said, there were other circumstances at play, including “the fact that this victim apparently was at- tempting to break into your residence by breaking in the basement door, that’s a very important consideration here.”

Three other charges that were laid against Hopkins of aggravated assault, careless use of a firearm and wounding or maiming a person were withdrawn by the Crown following the guilty plea.

There are still other charges before the court stemming from this day, none of which have been proven in court.

Adrian Eric Muise, 27, is facing a count of attempted break and enter into Hopkins’ residence. A trial is scheduled for Nov. 6.

Adam John Michael Hazelton, 31, is also facing a break and enter charge at 170 Dominique Rd. The Crown said the charge is related to the alleged incident from earlier in the day. Hazelton has elected trial by a Supreme Court judge alone. A preliminary inquiry is slated for Aug. 1 to determine if there is sufficient evidence to send the matter to trial.

As part of his sentencing, Hopkins has been ordered to not have any contact with either of these men.