Tyson Darryl Cole.

(VERNON RCMP / iNFOnews.ca)

A man who attempted to avoid arrest by wading into Okanagan Lake — and was punched in the face by a police officer during the arrest — will spend another two years behind bars for an incident where he shot a man in the leg outside Denny's restaurant in Vernon.

Judge Mark Takahashi sentenced Tyson Darryl Cole to a further two years jail time, following a joint submission from Crown lawyer Margaret Cissell and defence lawyer Troy Anderson.

The 32-year-old appeared at the Vernon courthouse by video from custody, where he has been since his arrest at Kin Beach in July 2018.

The Crown lawyer told the court how Cole had been out drinking with two friends in Vernon and in the early hours of May 1, 2018, and went to Denny's restaurant on 32 Street. Cole had left the restaurant at around 2:30 a.m. and got into an altercation with another man who had also been out drinking and was leaving the restaurant with two friends.

Cole had walked away from the verbal altercation but the other man had followed him. Cole then pulled out a handgun and waved it around. He then fired two shots, one which entered the man's thigh. An ambulance was called and the shooting victim taken to Vernon Jubilee Hospital, where he spent three days before being discharged. Cole fled the scene.

Almost three months later Cole was spotted by police at Kin Beach in Vernon, where on seeing the officers he waded into the water in an attempt to avoid arrest. Cissell told the court the officers followed and Cole was “engaged in a physical altercation” during his arrest.

Anderson told the court the “physical altercation” involved Cole resisting arrest and a police officer punched him in the face.

“That's what happened,” Anderson said.

Cole was ultimately charged with attempted murder and 13 other counts including aggravated assault, resisting arrest and carrying a prohibited weapon.

In May 2019, Cole pleaded guilty to reckless discharge of a firearm, possession of a weapon for a dangerous purpose, possession of a concealed weapon, as well as charges of possession of a weapon while prohibited and possession of a firearm without a licence.

Cole has a lengthy criminal record and was charged with manslaughter in 2014 although he pled guilty to the lesser charge of assault causing bodily harm. According to a report from the Vancouver Sun, the incident relates to the stabbing death of a homeless man in Surrey.

Anderson told the court the event outside Denny's was not a confrontation Cole went looking for.

“It was his intention to scare him away,” he said. “He certainly did not want to hurt anyone, he certainly did not want to shoot anybody."

The defence lawyer told the court the victim was a “large man with military training” and that the victim had initiated the confrontation. Anderson also pointed out the victim had been drinking and taking cocaine and was carrying a knife to “protect himself.”

Anderson described Cole's childhood and upbringing as a “road map to jail.”

Cole's mother had been addicted to drugs and he had been taken into care and lived in multiple foster homes.

“(Cole is) probably one of the most articulate and intelligent clients that I've ever had,” Anderson said.

The lawyers' joint submission asked for four years jail time, which with time already served, will see Cole spent another two years in jail. He also received a lifetime ban from owning weapons.

Anderson said when Cole is released he wants to "get away from urban centres" and work in a remote logging camp.

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