Handgun possession in Denny’s parking lot could cost Penticton man over three years in jail

PENTICTON – A man caught by Penticton RCMP with a loaded handgun could be looking at over three years in jail.

Cody J. Wilson has been convicted of possession of a prohibited firearm, carrying a weapon or prohibited device/ammo concealed and storage of a firearm contrary to regulation. He appeared in Penticton court today, May 25, for a sentencing hearing.

Wilson was sitting in his vehicle in the parking lot of Denny’s Restaurant on Westminster Avenue in Penticton on Oct.7, 2016, when police responded to a call by his girlfriend at the time, who said he was carrying a handgun. Police arrived on scene where they found Wilson, placed him under arrest and removed him from the vehicle. A search of Wilson’s person revealed a loaded handgun, as well as another gun located in the vehicle.

Wilson was jailed until June 5, 2017 when he was released on bail.

Crown prosecutor Andrew Vandersluys asked Judge David Crossin to consider a sentence of 42 months in jail. He said little weight should be given to the Gladdu report issued regarding Wilson’s aboriginal status, as Wilson did not suffer from a disadvantaged childhood, nor did his parents suffer the abuses of the residential school system.

“Gladdu is not an automatic ticket to a reduced sentence,” Vandersluys said, adding Wilson’s native upbringing was not a factor in the incident before the judge. He said the “mere possession of a loaded handgun was a true crime and serious offence.” 

Vandersluys says Wilson had recently been arrested for an incident that took place on May 17, when he is alleged to have been found with stolen vehicle registration documents and methamphetamine.

Defence lawyer Michael Patterson argued his client is a drug addict who has made mistakes, calling him someone who could be rehabilitated. He asked the judge to consider a two-year conditional sentence followed by probation for three years.

Wilson told Justice Crossin that he takes responsibility for his actions.

“I knew I shouldn’t have had (the gun). Everything happened so fast back then. I’m not a hardened criminal and I don’t want to be one,” he said.

Crossin adjourned his decision with Wilson scheduled to return to court on Friday, June 1.

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