B.C. man who pulled a gun on off-duty cop gets two years in prison

B.C. man who pulled a gun on off-duty cop gets two years in prison

Encounter also led police to a home where 100 guns and explosives were found

A Campbell River man who pointed a gun at an off-duty RCMP officer and was found with a stash of 100 weapons and explosives in his house, many of them prohibited or unregistered, was sentenced to two years in a federal prison by a provincial court judge Tuesday.

Tony Green, 55, was also sentenced to 30 days concurrently for being in possession of a sword cane when he was out on bail last October.

In addition, Judge Catherine Crockett decided in Campbell River Provincial Court that Green is to be prohibited from owning firearms for 15 years and will be on probation for two years following his prison sentence. A no-contact order with the police officer he pointed the gun at, Const. Nick Underhill, and probation officer Jessica Martens and their families was also imposed.

Green pleaded guilty to 19 weapons-related offences after a stay of proceedings (SOP) was granted on six more and one failure to comply charge after a SOP on two others.

“They include pointing a firearm, possession of a handgun for a dangerous purpose, several unlawful storage counts and possession of several prohibited firearms – some loaded, some not – plus possession of explosives,” Judge Crockett said when delivering her reasons for sentence Tuesday.

The weapons charges arose from an incident on Jan. 28, 2019 in the Beaver Lodge Forest Lands in Campbell River.

The breach charge arose when Green, who was in custody for some time before he was granted bail, breached his bail on Oct 8, 2019 by being in possession of a weapon, that being a sword cane. He pleaded guilty to that breach and has been in custody since then.

The defence and Crown entered a joint submission before the judge, the goal of which is to give Green credit for the time he has already spent in custody plus an additional two years in custody so that it can be served in a federal corrections facility where Green can access counselling programs.

Green has no prior criminal record but he did suffer a “traumatic upbringing,” as outlined in a psychologist’s report that was given to the court, as well as suffering chronic injuries as an adult for which he takes medication. The psychologist said Green suffers from a major depressive disorder as well as post-traumatic stress disorder. He has a service dog named Darcy which figures into the story. Green is also a gun collector but he said he never intended to use any of the weapons.

On Jan. 28, 2019, Green was walking his service dog Darcy on the trails in the Beaver Lodge Forest Lands when he encountered Const. Underhill who was riding his bike with his own dog while wearing earphones or earbuds. When Underhill passed Green, Darcy began running after him. Green called after Underhill to stop but could not be heard. Green said he panicked because he was afraid he was going to lose Darcy whom he is dependent on.

RELATED: Explosives, detonators and ‘more than 100 guns’ seized by Campbell River RCMP in search

Underhill arrived at the parking lot, took off his earbuds and heard Green calling for his dog. Underhill loaded his bike on his vehicle and approached an angry Green who repeatedly asked him why he didn’t stop. Underhill explained that he was wearing earbuds and could not hear him. Green was yelling and swearing at Underhill.

“Mr Underhill eventually said ‘F*** you, I’m trying to help,” the judge said. “At that point, Mr. Green pulled out a handgun and pointed it at Mr. Underhill’s head for 10-15 seconds.”

Darcy then emerged from the bushes and Green stopped pointing the gun at Underhill, who then informed Green he just pointed a gun at a police officer.

“Mr. Green said ‘he’d better f****** get out of here,’” the judge said.

Underhill then called 911 and followed Green to his home in his car. Police arrived and arrested Green. A search of the car turned up the handgun and two magazines Green had removed from his gun.

Green told the police he carried the gun to protect his dog from cougars. He said he did not intend to harm Underhill and knew he had made a big mistake, the judge said.

Police obtained a search warrant for Green’s home which upon entering, they discovered “a vast stockpile of firearms and related items.” The search of the home took four days. The guns were found throughout the house and were not properly stored. Some firearms were loaded, some were not. Some were prohibited. Some had proper registration or did not require registration. Some were not registered or were improperly registered.

In total, the police seized 100 firearms consisting of handguns, shotguns and rifles including semi-automatic military assault-style rifles. They also located gun cases, holsters and other types of weapons such as axes, spears, knives, machetes and swords. They also found tools, clothing, military vests, food stashes and camping gear. They also found ammunition and in the garage discovered 105 sticks of dynamite, electronic detonators and related items. The search was terminated at that point and an explosives squad was brought in.

The judge said the mitigating factors in the case are that Green has accepted responsibility for his actions, his personal background alluded to earlier and the fact that at 55-years-old, this is Green’s first appearance before the court.

“I accept that Mr. Green is otherwise a law-abiding citizen and that he meant no harm to Mr. Underhill nor to anyone else,” the judge said.

“On the other hand, keeping and caring of firearms in the manner done by Mr. Green represents an extreme risk to the public,” the judge said

Offences of this nature require emphasis on not just rehabilitation and a specific deterrence to Green but also a general deterrence to the public at large, the judge said.

“It is fortunate that nothing more serious resulted from Mr. Green’s situation,” the judge said. “A significant jail sentence is necessary to deter others from similar behaviour.”

Green spent 193 days in custody and was credited with a rate of one day in jail is equal to 1.5 days, so time in custody is 290 days. The judge said she would have imposed a sentence of two years and 219 days for Green’s offences but instead is sentencing him to two years in addition to the equivalent of 290 days already served.

Green is also ordered to provide a DNA sample, even though he had asked the court to not impose such an order because he would consider it a violation of his rights and freedoms.

Green will also have to forfeit many of the weapons that were found in his possession that he didn’t have permits for or were restricted or prohibited. The specific weapons that will be forfeited is yet to be determined. That aspect of the case was adjourned to allow the Crown and defence to work out the forfeiture details.

RELATED: Campbell River Mountie who had gun pointed at head recognized for valour


@AlstrT
editor@campbellrivermirror.com

Like us on Facebook and follow us on Twitter

Campbell RiverCops and CourtsCourtCrime

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

FILE – A COVID-19 vaccine being prepared. (Olivia Sullivan/Sound Publishing)
B.C. seniors 80 years and older to get COVID vaccine details over next 2 weeks: Henry

Province is expanding vaccine workforce as officials ramp up age-based rollout

Chris Paulson of Burns Lake took a quick selfie with a lynx over the weekend of Feb. 20-22, 2021, after the wild cat was found eating some of his chickens. (Chris Paulson/Facebook)
VIDEO: Burns Lake man grabs lynx by scruff after chickens attacked

‘Let’s see the damage you did, buddy,’ Chris Paulson says to the wild cat

Northern Health has declared a COVID-19 outbreak at Brucejack mine, 65 km north of Stewart on Feb. 11, 2021. (Pretivm Photo)
Northern Health has declared a COVID-19 outbreak at Brucejack Mine, 65 kilometres north of Stewart on Feb. 11, 2021. (Pretivm Photo)
Northern Health reports 20 more COVID-19 cases in outbreak at Brucejack Mine

So far, 42 people have tested positive, nine cases are active and self-isolating onsite

Fisheries and Oceans Canada released it's 2021 Pacific Herring Integrated Fisheries Management Plan Feb. 19. (File photo)
Northern herring opportunities kept to a minimum

2021 management plan caps Prince Rupert fishery at 5 per cent

Skeena BC Liberal MLA Ellis Ross with wife Tracey on election night, Oct. 24, 2020. (File photo)
Skeena MLA to run for BC Liberal Party leadership

Ellis Ross was first elected in 2017 and then re-elected in the Oct. 2020 general election

B.C. health officer Dr. Bonnie Henry and health minister Adrian Dix wore pink shirts to showcase this year’s motto: “Lift each other up.” (Twitter/PinkShirtDay)
PHOTOS: B.C. celebs take a stand against bullying on Pink Shirt Day

‘We need to let young people know they are not alone and they can reach out to others for help’

Average response times for critical “purple” and “red” calls were between nine and 10 minutes Feb. 19 in Metro Vancouver, with only less critical “yellow” calls receiving an average response time of 45 minutes. The longer than usual delay was due to a combination of factors, BC Emergency Health Services said. (APBC image)
After a night of one-hour waits for ambulances, union goes public with concerns

B.C. Ambulance Service says high-priority calls were still 10 minutes or less

NorKam secondary student Karis Wilson in the outfit that got her sent home from school on Tuesday, Feb. 23, 2021. (Contributed to Kamloops This Week)
B.C. teen in turtleneck, lace-edged dress sent home from school for ‘inappropriate’ outfit

NorKam secondary student Karis Wilson was told the lace on the garment made it look like a slip dress

Vancouver Canucks left wing Antoine Roussel (26) tries to get a shot past Edmonton Oilers goaltender Mike Smith (41) during second period NHL action in Vancouver, Tuesday, Feb. 23, 2021. THE CANADIAN PRESS/Jonathan Hayward
Canucks cough up 3-0 lead, fall 4-3 to visiting Edmonton Oilers

Vancouver falls to 8-13-2 on the NHL season

Jessica McCallum-Miller receives her signed oath of office from city chief administrative officer Heather Avison on Nov. 5, 2018 after being elected to Terrace City Council. McCallum-Miller resigned on Feb. 22, 2021, saying she felt unsupported and unheard by council. (Black Press Media File Photo)
Terrace’s 1st Indigenous councillor resigns citing ‘systemic and internalized racism,’ sexism

McCallum-Miller said in a Facebook post she felt unheard and unsupported by council

Temporary changes to allow for wholesale pricing for the hospitality industry were implemented June 2020 and set to expire March 31.	(Pixabay photo)
Pubs, restaurants to pay wholesale prices on liquor permanently in COVID-recovery

Pre-pandemic, restaurateurs and tourism operators paid full retail price on most liquor purchases

Wade Dyck with Luna, a dog who went missing near the Chasm for 17 days following a rollover on Feb. 5. (Photo submitted).
Dog missing for 17 days through cold snap reunited with owner in northern B.C.

Family ecstatic to have the Pyrenees-Shepherd cross back home.

Quesnel RCMP confirmed they are investigating a residential break-in at a home on the Barkerville Highway. (File image)
Thieves make off with $300K in Cariboo miner’s retirement gold

Tim Klemen is offering a reward for the return of his gold

Most Read