Bullet fired into house came within 7 inches of sleeping child: Crown

A provincial judge has denied bail for a Brandon man accused of firing a gun inside his home, resulting in a bullet going through his neighbour’s living room and into a bedroom where a child slept.

Elijah Fontaine, 29, faces several firearm-related charges, including reckless discharge of a firearm and using a firearm in a careless manner. Fontaine made his unsuccessful bid for bail in Brandon provincial court on Monday.

Crown attorney Nikki Boggs opposed Fontaine’s release on the grounds that he poses a risk to the public and his detention is necessary to maintain the public’s confidence in the justice system.

Boggs read the allegations that form the basis of the charges against Fontaine. The charges have not been proven in court and he remains innocent.

Shortly after 5 a.m. on April 16, a woman called the Brandon Police Service to report that she heard gunshots and had found a bullet hole in her nine-year-old son’s bedroom.

There was also a hole in her living room wall, Boggs said.

Police responded to the home on the 1300 block of Fifth Street and saw bullet holes in the exterior of the woman’s house as well as her neighbour’s home, court heard.

After looking at the bullet holes, officers believed the shot was fired from the direction of the neighbouring home.

Boggs said police heard noise coming from the neighbour’s house and set up a perimeter around the property before calling for any individuals inside the home to come out. Shortly after, a man — who was later identified as Fontaine —came out of the house, she said.

“He’s acting, as (police) describe, erratic and jumping around,” Boggs said. “They describe him to be highly intoxicated by what they believe to be drugs.”

Police used a drone to clear his residence before officers searched it, Boggs said.

When police entered the home, they immediately found a .303-calibre rifle, which was unloaded with the bolt action open. Officers also found shells inside Fontaine’s residence, court heard.

Police arrested Fontaine and took samples from his hands to test for gunshot residue, court heard. The Crown said the results have not come back yet.

“The concerning part is that the bullet hole … was only seven inches away from where the complainant’s son was sleeping,” Boggs said. She added that police noted the hole was 43 inches from the ground.

“Her daughter was home at the time, located in the living room …and the bullet hole did travel through the living room before entering the child’s room and ultimately stopping in what appears to be the ceiling,” she said.

Boggs said there was a “grave risk” to everybody inside the home.

The Crown has a strong case, Boggs said, noting the rifle police found, the trajectory of the bullet, the accused’s statement to police after his arrest and the fact that he was found in the home alone.

She said it’s also concerning that the allegations took place while he was under a probation order with a condition not to have weapons.

Fontaine’s lawyer, Anthony Dawson, presented a bail plan that would have his client living with his parents in Brandon under a 24-hour curfew, aside from a few exceptions.

Dawson said Fontaine’s mother would sign as a surety, pledging $1,000 to the courts. He said his family would also be willing to deposit $5,000 cash for bail.

He said his client would follow other strict conditions, including that he abstains from drugs and alcohol, undergoes sobriety checks and attends an addiction centre within seven days of his release.

Fontaine has struggled with mental health and general health issues along with addictions.

When the allegations took place, he was up for four nights in a row and was dealing with mental-health issues, Dawson said.

“He realizes that he’s needing to deal with his addictions issues as well as what does appear to be a growing mental-health issue,” Dawson said. “The bail plan we’re putting forward … is a very strict one.”

While he acknowledges Fontaine’s charges are serious, Dawson said he didn’t believe his release would put the administration of justice into disrepute. Dawson also noted that Fontaine has a minimal criminal record with only one previous conviction.

Judge Patrick Sullivan said the gravity of the allegations is serious. While acknowledging the proposed bail plan was strong, Sullivan said he was persuaded that the Crown had a strong case and Fontaine’s release could erode the public’s confidence in the administration of justice.

» sanderson@brandonsun.com