His own words led to a guilty verdict for Sean Conrad Douglas Gunn in an assault of a loss prevention officer at London Drugs, Judge Michelle Daneliuk read out in a decision in Penticton court Wednesday afternoon.
Gunn appeared for a decision on a trial relating to a September 2016 incident at London Drugs where it was alleged he had stolen pliers from the store and later during a confrontation assaulted loss prevention officers with them.
Daneliuk found inconsistencies in testimony from the loss prevention officers and video surveillance regarding the theft of the pliers leading her to find Gunn not guilty of a theft under $5,000 charge. Packaging from the pliers was not submitted as evidence nor was the item found on Gunn at the time of arrest.
Using Gunn’s own testimony Daneliuk determined he was guilty of the assault charge.
“I’m not satisfied beyond a reasonable doubt that there was a weapon in his possession,” Daneliuk said. “However, I do as I noted earlier, accept the evidence of Mr. Gunn on this aspect of the case. That is that he raised his fist, challenged the loss prevention officer using the words, quote, ‘what you want some of me’ end quote and then made a forward motion.”
Gunn, who represented himself, said he planned to appeal the conviction.
Crown prosecutor John Swanson asked for a $500 fine for the assault.
Daneliuk agreed a fine was sufficient, but reduced it to $350 and provided Gunn six months to pay.
In response to Daneliuk asking about his personal circumstances, Gunn said he had lost his employment as a pressure welder because of the incident, he then lost his home and is now staying with a friend in Summerland.
“I’ve lost everything pretty much because of this…. I just want to get out of this town and go back to work and go back to Alberta. I don’t have any money. I’m on social assistance right now,” he said.
Two other charges of theft under $5,000 were dismissed by the Crown Wednesday. A trial was set for April for Gunn who pleaded not guilty to missing two court appearances relating to the incident at London Drugs.
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