BOYLE — A local man will spend another 63 days behind bars after a search of his residence uncovered a shotgun while both he and his common-law partner were under court-ordered firearm bans.
In Boyle Court of Justice on May 14, 41-year-old Travis Overton pleaded guilty to one count of unlawful storage of a firearm and one count of possession of a firearm while prohibited as part of a joint submission between defence counsel Andrew Zebak and Crown prosecutor Taylor Noble.
Overton was convicted of both counts after Boyle RCMP officers located a shotgun and ammunition with no case or trigger lock in a shared residence on March 28, 2022, while Overton and his partner Nicole Murphy were under probation orders prohibiting the possession of firearms.
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“I’m sorry about this, and I look forward to putting it in my past,” said Overton, who appeared in court via CCTV from the Edmonton Remand Centre.
Justice Robert Shaigec accepted the submission, handed down the Crown’s suggested sentence of 105 days in custody, and opted against waiving a $100 victim-fine surcharge as requested by Zebak.
“I don’t agree that the victim-surcharge provisions are inapplicable. The test is hardship — you are employed, I’m advised through your counsel,” said Shaigec. “I understand the employment is not nine to five, five days a week, but that’s not uncommon in the modern world.”
Overton was also sentenced to a mandatory lifetime firearms ban. Some 63 days remain on his sentence after enhanced credit for 28 days served pre-trial was applied at a one to one-and-a-half rate.
“The criminal record, as the court can see, is lengthy and related,” Noble told court. She listed previous single convictions for possession of a firearm while prohibited, unauthorized possession of a firearm, and five prior convictions for failing to comply as aggravating factors.
Overton’s guilty plea did help the Crown in avoiding triable issues with the case: the shotgun was found in the bedroom of a residence shared with his long-term common-law partner, meaning proving possession of the gun may have posed a problem in trial.
Additional single counts of possession of stolen property, possession of a controlled substance, possession of a firearm while prohibited, unauthorized possession of a firearm, and two counts of failure to comply with release order conditions were withdrawn as part of the submission.
Zebak made several submissions on his client’s behalf, including a portion of his personal history and his employment.
“He was born and raised in Penticton, B.C., and moved in the early 2000s to Alberta. He reports to me that he has employment, but it is with a moving company,” said Zebak. Despite the inconsistent hours, Zebak said Overton’s boss is holding a position for him upon release.
“He’s telling me that he has university attendance, though he never obtained his degree,” added Zebak. “He has typically worked in trade work in the Fort McMurray area doing construction, concrete, drywall.”
Overton has admitted to struggling with an addiction to methamphetamine, having gone through multiple residential treatments and experiencing relapses upon completion.
