Charles Gerald Patrick, 63, was sentenced on Wednesday, March 27, 2019, to one count of possessing a loaded sawed-off shotgun on Dec. 11, 2013.
Image Credit: SUBMITTED/RCMP
March 27, 2019 - 11:40 AM
KAMLOOPS — A 63-year-old Kamloops man was sentenced to two years behind bars today after police discovered he was carrying a loaded prohibited sawed-off shotgun without proper authorization during a traffic stop in 2013.
Charles Gerald Patrick entered a guilty plea today, March 27, in Kamloops Supreme Court to an offence dating back more than five years ago. Crown prosecutor Frank Caputo says on Dec. 11, 2013, the SUV Patrick was driving was pulled over around four in the morning.
Sitting in the vehicle with Patrick was Cameron Cole, Bradley Hartling and Justin Daniels, Caputo said. Cole was passed out in the front seat.
Police discovered Patrick was operating the vehicle without the registered owner's consent. Patrick was ordered to get out of the vehicle and the officer called for backup.
The officer noticed a bulge in Patrick's jacket and asked if he was carrying anything. Patrick said it was a shotgun. The shotgun was given to a different constable who discovered it was loaded with one round of ammunition, Caputo said.
Patrick was taken to cells and while waiting to make a call to his lawyer, he was quoted telling a police officer: "Son of a bitch was going to blow my brains out, I'll blow his out."
Patrick's lawyer, Sheldon Tate, says his client was concerned for his personal safety at the time of the offence. He says Patrick had been involved in a car deal some months previously with an individual.
The car ended up not being fit for the purpose Patrick had agreed to, so he went back to the individual and "words were exchanged" and apparently there was an incident that led to Patrick embarrassing this individual in front of others, Tate said.
"That individual incidentally was the recipient of a lottery win and apparently led to be known that he was putting a contract hit out on Mr. Patrick," Tate said. "Mr. Patrick ought to have gone to police at that point in time but he didn't do so."
Tate says Patrick was carrying the firearm for personal protection because he believed he was under a death threat.
Patrick was recently wanted by police in December 2018 for charges of possessing prohibited weapons and possessing property obtained through crime. At the same time, police said they were also looking for Cameron Cole, 35, for charges of possessing prohibited firearms, and improvised explosive devices with the intent to endanger life. Cole surrendered himself to police on Dec. 7.
Caputo says this file initially went to trial three to four years ago and then went to the B.C. Court of Appeal.
"The B.C Court of Appeal returned this matter on three counts of the indictment and did not return it on the remaining counts and then went to the Supreme Court of Canada," he says, adding that this is why it's taken so long to come to a decision.
Patrick grew up in Kamloops and has two daughters. His lawyer says he is an avid hunter and at one point had his own business, Patrick Custom Log Homes, which had 26 employees. Since Patrick's arrests he has not been able to keep up his business.
B.C. Supreme Court Justice Dev Dley sentenced Patrick to two years in jail minus his time spent in pre-trial custody. Patrick's new time to be served will be 524 days followed by an 18-month probation. He also faces a lifetime firearm prohibition.
The two-year sentence was a joint submission by defence and Crown counsel. Dley says this sentence is on the "lower end of the range" for this type of crime but there are circumstances where a sentence will fall below or go above a sentence range.
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