Indi Ron Johnny, 20, will be out of jail in time for Christmas after being acquitted by Williams Lake Provincial Court Judge Marguerite Church of possessing and carelessly using a firearm.
The evidence through the trial, which took place in August and December, was full of inconsistencies, Church said as she delivered her decision Tuesday.
Johnny appeared for the decision by video from Prince George Correctional Centre where he has been remanded without bail since being charged.
“I am not convinced beyond a reasonable doubt of the guilt of the accused,” Church said.
Johnny’s charges stemmed from an incident alleged to have taken place some time between May 10 and 24, 2015 in the upper suite at 910 Western Ave in Williams Lake where a gun went off in a bedroom, sending a bullet through the floor and ceiling, down into a bedroom in the basement suite directly below.
“It is not disputed that a firearm was discharged,” Church said. “The key issue to be determined is whether the Crown has proven beyond a reasonable doubt that Mr. Johnny was the person in possession of the firearm that caused the discharge to occur.”
Tenants in the basement suite, along with two RCMP officers, provided evidence for the Crown.
Defence’s evidence came from Johnny and Brent Adolph, who testified on the final day of the trial, that he was the one who discharged the firearm accidentally.
Johnny testified while he was attending a course titled Restoring Balance at Denisiqi Service Society he returned home one day to learn from his sister that someone had accidentally discharged a firearm.
“Mr. Adolph’s testimony about his apparent involvement in this incident seemed to be made up as he went along,” Church said. “He had virtually no details about the firearm he said he had owned for six months prior to this incident, including its calibre.”