Man shot into air in self-defence, lawyer claims

The fate of a northern Alberta man on trial for shooting an intruder trying to steal his ATV is in the hands of a judge.

Eugene Dalton, 62, said he was defending himself and had simply fired into the air to scare away the intruder. The Crown rejected that it was a case of self-defence and argued Thursday he should have simply got out of the way.

According to an agreed statement of facts, Philip Janvier had gone to Dalton’s acreage home in Chard July 6, 2014, with his girlfriend and her cousin, intending to steal the quad.

Dalton testified he was awakened by noise about 4 a.m. and went outside after grabbing his shotgun. He said he saw a man on a quad driving toward him and shot into the air, but didn’t believe he had hit him.

He also denied he tried to shoot the man.

In closing arguments, Crown prosecutor Catherine Gagnon said Dalton’s testimony was inconsistent regarding how fast the ATV was travelling and how far away it was from him. She said the quad was going “far too slow” to cause him any serious harm and he would have had time to step aside and avoid it.

“This was no accident, the complainant was injured,” she said before asking the judge to convict Dalton of aggravated assault and several weapons-related charges.

Defence lawyer Jamil Sawani argued Dalton should be acquitted because he was “defending himself.” Sawani told court there was no evidence to support the Crown’s assertion Dalton intended to shoot Janvier. He said shooting into the air over Janvier’s head was selfdefence.

Court has heard Janvier’s upper left arm was wounded and he underwent surgery after being airlifted to an Edmonton hospital.

A decision in the case is expected Friday.