Loaded firearm lands woman in prison for 3 years

A woman has been sentenced to three years in prison after she secretly brought a loaded firearm into a vehicle.

“Members of the public are entitled to expect that their neighbours are not carrying loaded weapons in residential settings. This case represents a troubling departure from that expectation,” Associate Chief Judge Geoffrey Bayly said while delivering his sentence in Dauphin provincial court earlier this month.

Phiona Acoby, 35, previously pleaded guilty to possessing a prohibited loaded firearm without a licence.

Crown attorney Samuel Levkov had recommended a prison sentence of three years, while defence lawyer Jesse Blackman argued for a sentence of house arrest, which can only be imposed if the sentence is less than two years.

In his written sentencing decision, Bayly outlined the circumstances of the offence.

On Feb. 12, 2024, Acoby got her cousin to pick her up and drive her to the house of her former partner, Lorenzo Ducharme, in Dauphin to pick up some personal items.

Acoby secretly brought a Herbert Schmidt Model 21 single-action .22-calibre revolver, loaded with six rounds of ammunition, into her cousin’s minivan when she picked her up, Bayly said.

He said this firearm was a restricted weapon and Acoby didn’t have a licence to have any kind of firearm.

The pair drove to Neepawa and picked up Cody Genaille, who is Ducharme’s cousin, and another man. The group drove to Dauphin and got to Ducharme’s house at around 3 p.m.

Genaille got out of the vehicle to talk to his cousin, during which Acoby got out of the minivan and “began making a scene” and aggressively yelling at her ex-partner, Bayly said.

“The offender’s behaviour was so concerning that it prompted a neighbour to call 911,” Bayly said.

Genaille got some of Acoby’s belongings before the group left the residence. As the group was leaving, Genaille noticed the firearm, Bayly said, adding that there was no other evidence before the court regarding Genaille’s observation.

Dauphin RCMP responded to the report and found the minivan. Police arrested everyone inside, and while searching the vehicle, found the revolver in a hidden compartment at Acoby’s feet, Bayly said.

“The firearm was loaded and the hammer had been cocked back,” he said.

While in custody, Acoby denied possessing the firearm, and when police told her that the other people in the vehicle told police the firearm belonged to her, she said they were lying, Bayly said.

When she was being escorted back to a cell after speaking to police, Bayly said she yelled, “We have some snitches up in here.”

“The agreed facts establish that the offender admitted possessing a loaded revolver for several hours, across multiple locations, including during the volatile public confrontation,” Bayly said.

However, he said the agreed statement of facts didn’t state that Acoby removed the firearm from the vehicle or brandished it.

Bayly said Acoby is an Indigenous woman who hails from Gambler First Nation. Days before her sentencing hearing, she found out she was pregnant, he said.

Acoby’s grandmother attended residential school, Bayly said, noting that the offender’s life has been marked by systemic and intergenerational trauma.

“She was raised in conditions of neglect, exposure to substance abuse, violence and chronic instability,” he said.

Bayly said Acoby has “significant issues” with substance abuse, which started when she was eight years old and escalated at 14.

While she has tried to get sober and has achieved periods of success, she had relapsed into heavy substance use after finding out that one of her children had been abused by their father, Bayly said. Her relapse led to Child and Family Services apprehending her children.

He said her addiction intensified, and in the three months leading up to the offence, she said she spent around $80,000 on crack cocaine, Bayly said.

She has said she wants to pursue a business diploma and recently has taken steps toward cultural reconnection, as her parents didn’t practice or pass down cultural traditions, he said.

Bayly said it’s aggravating that Acoby had the firearm for several hours, consumed alcohol and crack cocaine, and behaved in a way that prompted someone to call 911.

“She was unlicensed, the firearm was ready to fire, and her possession was deliberate and sustained,” he said.

He said it’s also aggravating that she tried to “intimidate witnesses” and was dishonest and hostile toward police.

Bayly said mitigating factors included that she had no prior criminal record, pleaded guilty and expressed remorse. He said she is educated, motivated to improve her circumstances and has shown insight into her addictions.

Given the risk to public safety, Bayly said a sentence of house arrest — or a sentence under two years — wouldn’t satisfy the principles of deterrence and denunciation.

Bayly said a sentence of three years was appropriate and denounces dangerous firearm possession and deters similar behaviour.

» sanderson@brandonsun.com