Vernon man who pointed shotgun at Polson Park muggers gets 30 months jail

A Vernon man who told police he was on his way to the RCMP detachment to hand in a saw-off shotgun when he was arrested has been sentenced to two-and-a-half years in jail.

Maxwell Erhardt Frederick Buchanan had told police he’d been given the shotgun hours earlier to pay off a debt, but realized he didn’t want it. He said and was trying to flag down a police cruiser to give it to them when he was caught.

However, Justice Steven Wilson didn’t buy it and in May found him guilty of possessing a restricted firearm and ammunition and possessing a firearm without a license.

Crown prosecutors argued Buchanan should spend between three and four years in jail, while the defence wanted two years’ house arrest.

According to a Nov. 28 BC Supreme Court decision, Buchanan was homeless and living in Polson Park when the incident took place in January 2023.

The 30-year-old had argued he came into possession of the weapon when a friend he’d met at a local drug den had given it to him earlier that day. He’d said he didn’t want it, but thought his friend would be a danger to himself or others if he had the gun.

Later that day, while walking through Polson Park, Buchanan was accosted by two people wearing masks. They stopped him and asked for a cigarette, but took his headphones and a blowtorch he had.

Buchanan then pulled his sawn-off shotgun out and pointed at them, demanding that he get his stuff back.

Soon after, someone called 911, and police arrived and arrested Buchanan.

The decision says he didn’t have a previous criminal record when the incident took place.

“Mr. Buchanan was experiencing homelessness at the time of this event and was living on income assistance. He was also using drugs at the time, in particular methamphetamine. His substance abuse started with alcohol in high school. He then turned to methamphetamine, then to heroin, and back to methamphetamine,” Justice Wilson said in the decision.

While on bail, Buchanan went into rehab for his substance use issues.

The Justice said Buchanan had an unfortunate upbringing and was abused by his stepfather.

“He reports he suffered regular physical, mental and sexual abuse, as did his mother,” the Justice said.

The Justice said Buchanan had a good relationship with his mother and his brother, who had both written letters of support.

The Justice also highlighted that he’d since spent a significant period of time during his bail in rehab, and was now living with his mother. He also had a relationship with his five-year-old daughter.

The defence argued these were mitigating issues which meant a sentence of house arrest was appropriate.

“I accept that Mr. Buchanan was relatively young and had no criminal record at the time of the event and that he was using illegal drugs and was homeless at the time. I also accept that there were some underlying mental health issues. Mr. Buchanan has told me this morning that he now has an appreciation for the impact of his actions,” the Justice said. 

However, the Justice said Buchanan had brandished a gun in a downtown park.

“While I accept that Mr. Buchanan’s explanation was that he was outnumbered, this does not excuse the conduct,” the Justice said.

Ultimately, Justice Wilson said that house arrest would not satisfy the community’s need for denunciation and deterrence.

With time already spent behind bars, Bunchanan will spend the next 26 months in jail.