June 16, 2016 - 4:30 PM
PENTICTON - A man facing multiple weapons charges was found not guilty on all counts today in connection with a trespassing incident near Oliver.
Judge Gregory Koturbash found Steven Mario Gallagher not guilty of pointing a firearm, possessing a weapon for dangerous purpose, unauthorized possession of firearm, careless use and storage of a firearm, possession of a firearm contrary to order, uttering threats to cause death or bodily harm and flight from a police officer in a decision handed down today, June 16, in Penticton provincial court.
Judge Koturbash described an incident that took place on May 17, 2014, when Gallagher was travelling to Mount Baldy east of Oliver, and taking a shortcut on a secondary road that passed through private property.
When coming back from the mountain on the commonly used shortcut he found the road blocked by the property owner who had other people with him. Gallagher went back to the main road in order to drive around the property, but further down the main road, Gallagher came upon an intersection where another roadblock had been set up by the property owner, who was seeking to intercept him.
The property owner testified Gallagher stuck something out the window, which he was certain was a firearm.
Judge Koturbash concluded he believed the testimony of Gallagher and his common law wife who both denied pointing a firearm out the window.
Gallagher testified the propery owners was brandishing a tent pole and he was afraid of what man might do after pursuing him through two roadblocks.
Calling Gallagher’s evidence credible and reliable, Judge Koturbash said prosecution failed to prove the accused's guilt beyond reasonable doubt and dismissed the charges.
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