City man caught with prohibited revolver faces jail time
By Delon Shurtz - Lethbridge Herald on April 19, 2024.
LETHBRIDGE HERALDdshurtz@lethbridgeherald.com
A 56-year-old Lethbridge man could be sent to a federal penitentiary if a judge accepts a recommendation from the Crown for a prison sentence of up to three-and-a-half-years on weapon charges.
Mark Allen Jones also faces a charge of drug possession, for which he could face an additional 30 days in custody.
Jones pleaded guilty last November in Lethbridge court of justice to the drug charge, as well as charges of possession of a weapon in a motor vehicle and possession of a prohibited weapon while prohibited from doing so.
During a hearing this week in Lethbridge court of justice, Crown Prosecutor Marni MacKay recommended Jones receive a sentence of two and a half to three years in prison for having the gun in his vehicle, and six months for possessing it.
“Mr. Jones was in possession of a loaded, restricted firearm without a licence,” the Crown said. “There were five rounds of ammunition in the gun and five more in a case in just the backseat.”
Defence, however, is seeking a conditional sentence order (CSO) of two years less a day, which would allow Jones to serve his sentence under a combination of house arrest and curfew.
At about 11 a.m. on April 21 of last year, police were called to a trailer park in response to a vehicle with its engine idling and the driver asleep behind the steering wheel. Police seized a loaded .38 calibre Smith and Wesson revolver and a pellet gun, as well as 1.6 grams of methamphetamine.
The revolver, the Crown noted, was found between the driver’s seat and centre console, and the case of ammunition that was found on the backseat was unlocked.
The Crown also said that while a pre-sentence report, which provides the court with Jones’ background and personal circumstances, is favourable, she opposes a conditional sentence and maintains a prison term is warranted.
“The Crown acknowledges that the information that’s contained in Mr. Jones’ pre-sentence report is relatively positive, including that he has been employed with operating his own business and attending Narcotics Anonymous for his addiction. The Crown’s position, however, is that a CSO is not appropriate.”
Lethbridge lawyer Vincent Guinan said his client accepts full responsibility for his actions, and demonstrates his remorse with his guilty pleas. Guinan added that Jones’ circumstances can be linked to his addiction to fentanyl.
Jones’ began using the narcotic when he was 42 years old, after suffering an incident in the Northwest Territories where he has guided and hunted for years. He became “stuck” in the wilderness, suffered frostbite on his feet, and his toes had to be debrided, which is the painful process of removing dead or infected tissue to improve healing of the remaining healthy tissue. To treat the pain, he was prescribed OxyContin.
“There’s a slang term for OxyContin…it’s called hillbilly heroin, because when you take OxyContin you feel good, ” Guinan said. “Any pain that you have goes away, you feel great. When your toes are about to fall off from frostbite and you have medical doctors poking around parts of your body that have to be removed, potentially, you want to feel good and you want to remove the pain.”
After Jones was taken off OxyContin, he was put on gabapentin – six pills a day – which stops some of the pain associated with the symptoms caused by withdrawal of OxyContin.
“Eventually, when the prescriptions are cut off, he resorts to buying fentanyl on the streets to stop the pain. Almost immediately he becomes addicted to one of the most dangerous surgical anesthetics that we can prescribe.”
Guinan said that while Jones was suffering from the addiction and seeking relief on the street, a “young kid” pulled a gun on him. Jones took the gun from him and kept it, despite knowing its possession was unlawful.
When police arrested Jones he was under the influence of opioids, and the two guns were in plain view. Guinan said his client has since stayed out of trouble, has not breached any of his release conditions, and will successfully be able to complete a CSO.
Justice Jerry LeGrandeur did not sentence Jones but adjourned the matter until next week to schedule a date for sentencing.
20-19
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