Man sentenced to prison time for gun charges

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This article was published 19/12/2020 (2104 days ago), so information in it may no longer be current.

An alleged former gang member was sent to jail for more than two years on Thursday after pleading guilty to illegally possessing a gun that he said he was carrying to protect himself.

Marlon Hotain, 43, pleaded guilty to possessing a firearm without a licence, possessing a firearm while knowing possession is unauthorized, giving a false name to police and possessing a firearm while prohibited.

Crown attorney Grant Hughes said that on Sept. 23, 2020, at approximately 10:45 p.m. police stopped Hotain’s car, a brown Chrysler, in the 1700 block of Maple Avenue.

He gave a fake name to police at first, Hughes said, but police found his real name after finding his ID in a backpack.

Police arrested him and searched both him and the van. Hughes said officers found a knife in his left jacket pocket and a lever-action .30-30 rifle in a black bag, which was reachable from the driver’s seat.

After being arrested, Hotain told police the gun was his and a second backpack in the van had ammunition in it, the Crown said.

Hotain was also on parole from a federal penitentiary when he was arrested and under multiple arrest warrants.

Hughes called the situation “concerning,” and said Hotain was previously arrested for an almost identical situation.

“It’s quite concerning that Mr. Hotain — clearly on a firearms prohibition — continues to have firearms. There’s a proliferation of firearms in this city,” he said.

Hughes suggested a total of three years in prison for the charges, which would send him back to a federal penitentiary, and an additional lifetime ban from owning guns.

Defence lawyer Bob Harrison said Hotain acknowledges he was doing something wrong by having the rifle in his car but was overall co-operative with police. Hotain had the weapons with him because he doesn’t feel safe without them.

“He left the gang life and he doesn’t feel safe anymore. He’s had threats made against his life. Even in custody, it’s very tough for him because again he’s a target of other gang members in the jail,” Harrison said.

“He knows he has to move forward, he’s spent far too much time in jail.”

Harrison said Thursday marked Hotain’s 18th jail sentence. Addiction remains a huge issue for him but he wants to turn his life around.

Speaking to the court, Hotain apologized for carrying the guns and said he had no intention to use them.

Judge John Combs commended him for trying to separate himself from gang life, but said it doesn’t matter he didn’t intend to use the gun — just the fact he had it on him is what makes it dangerous.

“We hear often in this court that people carry weapons for protection, what that means to me, Mr. Hotain, is given a certain situation people are prepared to use those weapons if they have to,” Combs said.

“That’s what we’re trying to prevent, are people feeling they have to or have the right to carry weapons in case they need to defend themselves — that’s not acceptable. … They end up in people being killed, people being injured.”

Combs sentenced Hotain to a total of two years and three months in prison, minus time served since completing his last prison sentence.

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