Whitehorse Daily Star

Harshness of crime demanded harsh penalty: Crown

A man who shot another man in the pelvis and involved police in a chase down the Alaska Highway was sentenced to prison time in territorial court this morning.

By Whitehorse Star on October 11, 2005

A man who shot another man in the pelvis and involved police in a chase down the Alaska Highway was sentenced to prison time in territorial court this morning.

Stephen Horton, who pleaded guilty to firing a gun with the intent to endanger a person's life and assault with a weapon, was sentenced to four years and eight months behind bars.

The incident that landed Horton in Whitehorse Correctional Centre occurred at around 10 p.m. April 15 when he fired four shots near a residence at the Baranov mobile home park.

Addicted to coke and crack at the time, Horton showed up at Kim Hai Au's trailer, where a small group of people, including Stephen's brother Daniel, were 'chatting and relaxing,' crown attorney Peter Chisholm told the court.

The party was cut short by gunfire, when Stephen fired a first shot in the driveway. He proceeded to fire at the living room window, shattering the glass, then pushed the riffle through the hole in the window and fired another shot into the room.

This second bullet hit Au in the pelvis, who was subsequently rushed to Whitehorse General and medivaced to Alberta for reconstructive surgery.

Au's pelvic bone was shattered by the shot and he continues to suffer from 'obviously significant and long-term injuries,' Chisholm said.

These include an inability to do physical activity and physical labour, back problems, sleeping problems, headaches, leg cramps and he has to wear a catheter attached to a plastic bag for discharge of bodily waste.

The fourth bullet was shot in the general direction of Daniel, who came to the door of the residence. The bullet hit the door jam and flew through the house into the kitchen where it hit the fridge, the court heard.

Stephen then took off in his red pickup truck.

Several 911 calls were made to police at around 10:03 p.m. and they responded immediately.

En route to the site, one officer saw a red pickup driving on the Alaska Highway, trying to pass a car despite the oncoming RCMP vehicle.

The officer had to take evasive action in order to avoid a collision with the pickup, which fit the description of the truck that left the scene of the shooting.

A chase ensued and the RCMP vehicle was able to catch up to the truck and push it off the road into the centre median as if was attempting to make a left-hand turn onto Two Mile Hill.

The two officers drew their weapons as Horton got out of the vehicle.

'I know what I did and why I did it,' he is reported to have told police.

Horton was then taken into police custody and blew 120 milligrams per cent blood alcohol level a few hours later. He provided police with a statement about what had happened that night and admitted that he had fired the shots.

The fact that he took responsibility for the shooting and provided police with information were considered mitigating factors in his sentencing hearing this morning before territorial court Judge Karen Ruddy.

In a search of his truck, police found two riffles, a number of live rounds of ammunition and one open beer can as well as three unopened cans.

While Horton was described as a 'model resident' of the Yukon Adult Resource Centre who participated in drug and alcohol counseling to better his own life and future, the offence requires the court to send out a clear message, Chisholm said.

'This type of offence requires deterrence and denunciation,' he said. 'In Whitehorse there are more and more serious, violent offences, including weapons offences.'

These weapons-related incidents are often involved in the drug trade, he said.

'(The court must) send a message to the community that this type of behaviour is totally unacceptable.'

Another concern for the crown, was that there seemed to be an element of vigilantism in Horton's actions.

'There is still some issue with significant remorse for his actions,' Chisholm said.

Horton seems to feel 'these individuals had it coming to them,' he continued.

The crown recommended 4 1/2 to five years in prison for the offences.

The defence was not opposed to the sentence but said 4 1/2 was the appropriate time.

Since the time of his arrest, Horton has been clean, according to defence lawyer Gordon Coffin, and shows great promise of rehabilitation as a productive member of society.

At the time of the offence, Horton was 'in the grips of a long-standing and difficult addiction' to crack and cocaine, he told the court.

Horton felt that his brother was falling into the same pattern of addiction and blamed Au, in part, for the situation as he had provided some of the drugs the brothers consumed, Coffin told the court.

Horton felt compelled to do something drastic, Coffin said.

'It's hard for us now in the cold light of this courtroom to look back �- and imagine what he was thinking and feeling at that time.'

'It's not surprising that we don't understand it.'

A key point Ruddy underlined in her sentencing, was that according to the author of the pre-sentence report, Horton was involved in counseling and treatment out of a genuine desire to heal and change.

She sentenced Horton to five years, minus two months credit for a month he spent in jail after the incident.

Horton declined quietly to address the court.

While Horton walked into the courtroom through the same door as everyone else, he left, without hesitation, through the door that leads to prison.

'He understands he's going to jail,'Coffin said, 'and he's understood that since the beginning.'

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