Gunman cleared of attempted murder

Judge not convinced man who fired at police meant to kill

A man who fired a gun at pursuing police officers was found not guilty Monday of attempted murder after a judge said she wasn’t convinced he intended to kill.

Bahroz Manafi, 24, intentionally fired the single shot at the officers who chased him down an alley near Gore Private on Aug. 20, 2010, Ontario Superior Court Justice Heidi Polowin concluded.

But since one of the officers who said he saw Manafi point something couldn’t be sure if Manafi was even looking at him when he did it, Polowin couldn’t convict him of attempted murder.

Manafi claimed at trial that the semi-automatic handgun — which he said he kept for protection from people who didn’t like him — went off accidentally when he tossed it over a fence, but Polowin didn’t believe him.

Polowin did find Manafi guilty of two counts of discharging a firearm. Manafi had already pleaded guilty to possessing a prohibited weapon without a licence, possessing a handgun while prohibited, and three breaches of probation.

During the trial, Const. Gavin Morris said he was on patrol with Const. Steven Mathieu when they came upon Manafi sitting on a car and drinking in the Heatherington Road area.

Manafi took off running, knocking a garbage can into their path before darting down an alley. Morris said he had just gone around a corner when he saw Manafi turned toward him with something in his hand.

Polowin said Morris heard a noise that sounded like a firecracker, froze and then realized “he shot at me.”

Morris said Mathieu pulled him behind the fence. Mathieu chased after Manafi and arrested him at gunpoint.

The bullet was never found. The gun was recovered in a backyard.

Manafi admitted he was carrying the gun, but said he tossed it knowing that any more charges could lead to his deportation.

Manafi said he normally kept the gun wrapped in a T-shirt and hidden in the woods when he wasn’t carrying it, but claimed he couldn’t remember how he got it and didn’t know how to load it, Polowin said.

Ottawa police firearms expert Det. Chris O’Brien testified the Davis P-380 Manafi used was a “cheap junk gun,” but couldn’t find anything wrong with it that would cause it to accidentally fire.