Man accused of pointing gun at couple granted bail

A Minnedosa man accused of pointing a shotgun at a couple and threatening to shoot them was granted bail in Brandon provincial court on Tuesday.

John Moffat, 26, faces charges of pointing a firearm and uttering threats after Spruce Plains RCMP received a report after 1 a.m. on Sunday from a woman who said Moffat had threatened her with a shotgun.

The Crown opposed Moffat’s release on the grounds that he is a risk to public safety.

Easton Lacey, an articling student with the Crown, detailed the allegations, which haven’t been proven in court.

Lacey said Moffat and another man went to the complainant’s home in Rapid City to pick up Moffat’s girlfriend.

When the men arrived, an “argument broke out,” and Moffat pointed the shotgun at the complainant and her boyfriend “while threatening to shoot them,” Lacey said. The Crown didn’t receive details about what the argument was over, she said.

No one was harmed during the altercation.

After allegedly threatening the couple, Moffat, his girlfriend and the man who came with Moffat left in a red car.

Police knew Moffat from previous dealings and that he typically drove a red Cadillac.

The complainant told police she believed the group was on their way to a residence in Minnedosa, and when officers arrived at the home, they saw a red Cadillac in the driveway.

Police blocked the road and made commands for the three individuals to come outside, as they were under arrest.

Lacey said after about five to 10 minutes, Moffat’s girlfriend left the residence with her hands up and at one point said, according to Lacey, “She’s scared of guns and that the guys had gotten her into trouble.”

The other man came out of the home, but Moffat stayed inside, prompting police to call him on his cellphone to tell him he was under arrest and to exit the home.

“John was trying to convince the police over the phone that he wasn’t a bad guy and just wanted to have a smoke,” Lacey said. “He finally came outside and was arrested.”

Mounties obtained a search warrant for the home, detached garage and Cadillac, which was executed later that morning.

In their search, police found a black BB gun and shotgun shells, along with “metal pipes welded together in the appearance of a double-barrel shotgun, a metal pipe duct-taped to an item that appeared to be used as a handle and some other homemade gun parts,” Lacey said.

Lacey said the incident showed Moffat is a public safety risk, and he should not be released.

“Police noted that he was sober, which is also troubling here. If he was in a clear state of mind and if this is how Mr. Moffat believes it’s appropriate to handle conflict, he poses a major public safety risk to the community.”

Defence lawyer Shira Brand highlighted the fact that police didn’t find any “actual confirmed firearms” while executing the search warrant. While police did find some “parts” that could appear as an imitation firearm, they will need to be analyzed to see if they meet the definition of an imitation firearm, Brand said.

She said the home where police executed the search warrant was Moffat’s girlfriend’s home, and the vehicle was registered under his father’s name.

“We’re dealing with locations that are frequented by other people, especially the house, which is not Mr. Moffat’s house, and clearly, there’s other people who had access to this residence,” Brand said.

“So, I think there’s definitely some knowledge and control arguments to be made there.”

Police noted Moffat’s girlfriend was intoxicated when she exited the Minnedosa residence, and Brand said her comments about firearms should be considered in that context.

Brand presented a bail plan that included a $1,000 promise to pay and his mother acting as a surety, pledging anywhere from $1,000 to $2,500 to the court.

If released, Brand said her client would abide by several conditions, including a no-contact order with the complainant and the man who went to the Rapid City residence with Moffat, a nighttime curfew and that he not possess any firearms or weapons.

The lawyer said there is “very little indication” that the court should be concerned about Moffat breaching the no-contact orders, especially since he will be in a different community than the complainant, which she estimated to be a half-hour drive away.

Judge Lindy Choy said it will be a credibility contest if the matter is taken to trial.

“It is certainly concerning, though, that it involves firearms, and it’s also concerning that, after a search warrant, there was indicia of firearms being present,” Choy said.

She said the bail plan addressed safety concerns and granted Moffat’s release. She set the surety amount at $2,000 and the curfew between the hours of 9 p.m. and 6 p.m.

She also included a condition that he not have contact with his girlfriend while on release, as the Crown said she could be called as a witness.

Moffat’s matter will appear in Minnedosa provincial court next month.

» sanderson@brandonsun.com