Penticton man gets jail sentence in community for wielding BB gun

Photo: Contributed

Penticton man sentenced for wielding a BB gun.

A Penticton man who wielded a BB gun at a stranger will serve his jail sentence in the community with strict conditions.

In court on Friday, June 6, Sheldon Evans, 39, pleaded guilty to possession of a BB gun “for a purpose dangerous to the public peace”, and with the “purpose of committing an offence."

Court heard that on Sept. 24, 2024 around 2:45 a.m.,

A woman was walking in the Fairview Road and Duncan Avenue area when she saw a blue torch lighter that she thought belonged to her husband, so she picked it up. Instead, it belonged to Evans, who was in the area.

He pulled a BB gun out and brandished it, telling the woman that the lighter belonged to him.

A BC Ambulance Service vehicle happened to be in the area too, and flashed their lights, at which point Evans walked away. Police were called, and Evans was located nearby, still in possession of the BB gun.

He has multiple previous theft-related convictions.

“The [BB gun] act itself was fairly intimidating and threatening to [the victim],” the Crown lawyer stated, but also added that Evans has taken steps to improve his life including holding down a stable residential address.

Because of that, the Crown recommended a conditional jail sentence of three to four months served in the community including house arrest conditions, no weapons, no drugs and alcohol, and standard reporting conditions, all followed by a probationary period of a year.

Judge Gregory Koturbash agreed that a four month conditional sentence was appropriate, in order not to disrupt Evans on his sobriety path and the way he has been, in general, cleaning up his act.

“Sending you to jail, we might lose all that traction,” Koturbash said.

That said, Koturbash acknowledged the seriousness of the incident — the gun may not have been a fully-fledged firearm, but the victim did not know that and regardless it was a weapon, which scared the victim.

If Evans does not comply with the conditional sentence requirements, he may end up serving the rest of the sentence in jail.

“Don’t come back with crocodile tears if you breach the order and ask me not to put you in jail, because I will,” Koturbash said.

He also encouraged Evans to continue to work hard on his sobriety.