A 33-year-old man who accidentally blew a hole into the floor of his Burnaby apartment building's elevator lobby with a rifle he was hiding from police has been handed a suspended sentence with 12 months of probation and a five-year firearms ban.
Tate William Dysart was in Vancouver provincial court for sentencing Friday after pleading guilty to one count of careless use or storage of the firearm.
He was also originally charged with mischief, but that charge was stayed.
The charges related to an incident on Sept. 12, 2022 at a highrise at 1888 Gilmore Ave.
Police and firefighters attended the building after someone pulled the fire alarm, according to agreed facts presented in court by Crown prosecutor Lee Vandergust.
Because of concerns one of the apartments was flooding, she said firefighters and police entered the unit.
No one was inside, but a neighbour told police there had been a possible domestic dispute and two occupants were seen leaving the area.
Police left but returned two days later and talked to Dysart, who lived in the apartment.
Officers also obtained CCTV footage that shows Dysart coming out of the elevator at parking level 1 on the day of the fire alarm.
As another resident enters the elevator, Dysart can be seen exiting while rummaging around in a black garbage bag.
The stock of a black rifle can be seen sticking out of the bag, and then there is a bright flash in front of Dysart.
"That flash is what the police describe as consistent with a gunshot," Vandergust said.
When police looked at the elevator lobby, they found a hole in the floor and what they described as a bullet fragment in the ceiling.
Defence lawyer Conor Muldoon said his client had been in a bad, drug-fueled relationship with the woman he was living with at the time.
Muldoon said Dysart's girlfriend had pulled the fire alarm on Sept. 12, 2022, and Dysart was worried police would come and find the rifle, which he said he was holding for someone else.
"This was a mistake for which he is very remorseful," Muldoon said.
Muldoon suggested his client should get a conditional discharge with 12 months of probation, meaning Dysart wouldn't have a criminal record if he successfully completed his probation.
Muldoon noted Dysart doesn't have a criminal record and entered an early guilty plea.
He has also worked on his rehabilitation, according to Muldoon, ending his negative relationship, getting clean and sober, and securing employment.
But Vandergust said a discharge would "absolutely be contrary to the public interest."
She said Dysart's conduct had been "reckless and inherently dangerous" and endangered people where they lived.
"Citizens are entitled to feel safe in the homes," she said.
Vandergust noted Dysart had a Possession and Acquisition Licence (PAL) for firearms and should have known how to store and transport the rifle safely.
The rifle was also never recovered, presenting an ongoing risk to public safety, according to Vandergust.
She called for a suspended sentence with 12 months of probation.
B.C. provincial court Judge Ellen Gordon agreed.
She acknowledged Dysart had done well in terms of rehabilitation but said the seriousness of the offence and the fact the rifle had gone off called for something more than a conditional discharge.
During his probation, Dysart will be required to report to a probation officer and get counselling as directed.
Follow Cornelia Naylor on X/Twitter @CorNaylor
Email [email protected]
