Dismissed — Assault & Weapons — Police Report

Client:   Barry S., Accused, Homeowner and Landlord
Complainants:   his tenant, Miles, and Miles' guests
Charges:   Assault; Point Firearm; Weapons Dangerous; Careless Storage

Police Report:   On the 7th of January 1998, the complainant in this matter was at his friend's house at 5** Gellar Avenue in the City of Toronto. This premise is operated as a rooming house. This friend, Miles M., has been involved in an ongoing dispute with his landlord, Barry S., who is the Accused before the Courts. This has been an increasingly violent affair with the Accused allegedly assaulting Miles M. the day before.

On today's date in the early evening hours, Miles M. had some of his friends over to his apartment. By all accounts, the gathering was peaceful. One of the guests used the washroom that the landlord and Miles M. shared, which seemed to upset the landlord.

At about 7:30 p.m., one of the guests, Stephen P., and his girlfriend, Tara R., were on the front porch and entered back into the house. At this time, they were confronted by the Accused before the Court who was standing in the hallway pointing a shotgun directly at him. The victim quickly shut the door yelling:  "He's got a gun." The victim attempted to go back in to warn his friends in the apartment where the Accused was lurking, but was confronted by the Accused, who was still armed with the gun, so he fled. 

The other occupants heard the commotion and looked out to see the Accused in the common hallway holding the firearm and fled the premise in fear. The police were called and the Emergency Task Force attended the scene.

The Emergency Task Force, after much conversation, entered the premises, since the Accused, who was still inside with his family and the gun, would not come out and surrender. The Accused was taken into custody by his apartment, and, at this time, the Officers found a shotgun partially hidden underneath a mattress in a room. In addition, a rifle was found pushed further under the mattress. Neither weapon was loaded, locked with trigger locks, or stored in a proper safe gun cabinet. There was no gun cabinet in the apartment either.

The Accused was charged accordingly.

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