Concealed weapon in Penticton Denny’s parking lot gets man two and half year jail term

PENTICTON – A man caught by police with a loaded handgun in the parking lot of the Denny's Restaurant in Penticton has been sentenced to over two years in prison.

Cody J. Wilson, 27, will spend a total of 30 months in prison for being in possession of the loaded, snub-nose revolver. Wilson was found guilty of possession of a loaded firearm, carrying a concealed weapon and firearm storage contrary to regulation in a February jury trial and was sentenced in Penticton court today, June 1.

Crown was seeking a three-year sentence, while defence lawyer Michael Patterson asked for a conditional two-year term.

At today's sentencing hearing, Judge David Crossin said police were called to Denny’s Restaurant on Oct. 7, 2016, by his girlfriend, who called police from the washroom. She said she was in fear of Wilson, who was sitting in his vehicle in the parking lot with loaded handguns.

Police located Wilson and arrested him after a struggle. They found a loaded, snub-nosed revolver in his pants.

Crossin said evidence presented in the trial by Wilson that suggesting police lied about the gun being in his possession was not believable, noting Wilson and his girlfriend were under the influence of drugs at the time of the incident.

A pre-sentence report said Wilson had a healthy upbringing, in an aboriginal household that did not suffer intergenerational damage from residential school attendance. Wilson began abusing drugs and alcohol shortly after leaving high school in the tenth grade. Crossin acknowledged Wilson’s aboriginal heritage as a mitigating factor in his sentencing decision.

The judge said although Wilson claimed himself clean and sober, there was no evidence of his attending or seeking counselling for his drug issues, while in jail or when out on bail.

He said Wilson only recently took responsibility for the crimes, now claiming the loaded weapon was for self-defence purposes.

“The context of any potential disputes that Mr. Wilson thought he may encounter on the streets of Penticton remain unclear. The possession of a loaded weapon in these circumstances can only mean to threaten to inflict harm or death as thought necessary by Mr. Wilson. It is classically a tragedy in gestation… possessing, concealing and arming oneself with a loaded firearm in an urban area, for the purpose of resolving real or imagined grievances, if and when they arise, is a circumstance ripe for catastrophe,” Judge Crossin said.

Being under the influence of methamphetamine at the time made the circumstances, “more fraught with peril," he said.

Wilson has been in custody for 242 days, so with credit for time served, he has another 18 months and two days remaining in his sentence.

Judge Crossin advised Wilson to take advantage of prison programs and to “keep your nose clean,” saying he could be out in a few months. He also advised him to reconnect with his aboriginal roots saying, “you can’t beat your demons by yourself. You must reach out.”

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