Jail time for man following plea deal

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This article was published 21/06/2023 (1179 days ago), so information in it may no longer be current.

A man who pointed a shotgun at another man outside the Midway Motel two years ago was handed a seven-month jail sentence after making a plea bargain with prosecutors.

Chance Daniels pleaded guilty to charges of pointing a firearm and possessing a firearm while prohibited in court on Monday. During sentencing, prosecutors outlined issues with their case against Daniels that led to a plea bargain and what the judge called a “low sentence” for the 21-year-old.

Crown attorney Bryton Moen read the evidence for the charges against Daniels in court.

On Oct. 24, 2021, a man who was staying at the Midway Motel on First Street North in Brandon heard a group of people causing a ruckus outside his door around 2 a.m. The man decided to go outside and tell the group to quiet down.

However, when the man approached the group, Daniels took a shotgun from a youth in the group and pointed the weapon at the man. The man retreated to his hotel room and called police.

Prosecutors say that though statements were taken by police, witness co-operation has been a challenge. Video surveillance from the motel was grainy, making identification of Daniels difficult, Moen told the court. The combination of factors impacted the strength of the Crown’s case if Daniels took his charges to trial, so the result was a plea bargain, the Crown attorney said.

“Although the sentence might be lower, it does gain the certainty of the conviction on Mr. Daniels’ record,” Moen said.

Daniels’ defence lawyer, Chad Schaan, said that his client has spent most of the past year in and out of jail. Schaan attributed Daniels’ behaviour to his poor choice of peer groups.

Schaan called his client’s decision to point a gun at a man who was just trying to tell people to quiet down early in the morning “stupid” and an indicator of Daniels’ poor choices. Still, Schaan said that Daniels deserved credit for not taking his chances at trial, despite the weaknesses in the Crown’s case and instead taking responsibility for his actions.

“You never know what would have happened at trial. He might have been acquitted,” Schaan said. “But instead of taking his chances at trial, he’s decided, ‘I’m going to take responsibility.’”

Schaan said that this is the last set of charges Daniels had left to face, and that when he is released from jail he plans to return to Long Plain First Nation and live with his mom.

The defence lawyer also said that Daniels planned to attend an adult education program and obtain his Grade 12.

“This is his last set of charges to clean up … that will be the end for Mr. Daniels and he’ll be out and be back home and will have the opportunity demonst rate what he’s prepared to do and able to do,” Scahaan said. “And [do] what he’s told me he wants to do and that is [to] stay out of trouble.”

Daniels, who appeared in court by video from Headingley Correctional Centre, declined to comment to the court.

Judge Shauna Hewitt-Michta endorsed the seven-month jail sentence, which was jointly recommended by both the Crown and defence.

Still, the judge emphasized the seriousness of the charges, and reminded Daniels that the events at the motel would cause much concern to the community and to members of the public hearing about it from the courtroom.

While Hewitt-Michta said that Daniels is getting credit for accepting responsibility and pleading guilty, she said that the sentence Daniels received today is not the norm for most people and not reflective of the sentence Daniels would get if he found himself back before the court again for something similar.

“You can’t keep taking these chances, Mr. Daniels, over and over and over again and expect that nobody’s ever going to get hurt,” the judge said. “One of these times, somebody’s going to get hurt, and it may very well be you.”

With time served, Daniels will spend another four months behind bars. In addition to the jail time, Daniels was also sentenced to a lifetime prohibition on possessing firearms.

» gmortfield@brandonsun.com