BARRHEAD — A domestic assault that culminated in an armed but ultimately non-violent confrontation with police using a stolen firearm resulted in a Barrhead man receiving an 80-day jail sentence and a year of probation.
In Barrhead Court of Justice July 25, Owen Richard Nooskey pleaded guilty to assault, unauthorized possession of a firearm, failure to comply with the conditions of a release order and possession of stolen property.
Six charges of assault, possession of a weapon for a purpose dangerous to the public peace, altering or defacing the serial number from a firearm and three counts of failing to comply with release order conditions were withdrawn.
Justice Jeffrey B. Champion sentenced Nooskey in line with the joint submission to 30 days and a year of probation on the assault charge, 30 days consecutive on the firearm charge, 10 days concurrent on the failing to comply charge and 20 days for the possession charge.
Defence lawyer Karey Rodgers said Nooskey had been in custody since May 23, which equated to 64 days spent behind bars. On an enhanced-credit basis, that would accrue to 96 days, making it a time served situation.
However, Crown prosecutor Anthony Estephan noted Nooskey was in custody on other matters, so his release would not occur immediately.
The conditions of Nooskey’s probation include to keep the peace and have no contact with the two complainants.
Finally, Nooskey was placed under a five-year weapons prohibition during which time he may not possess any firearms, crossbows, explosive devices, or restricted/prohibited weapons and ammunition.
Justice Champion acknowledged that, after hearing Nooskey’s personal circumstances, he had led a "very rough life” and expressed sorrow for the environment he was brought up in.
“Much of what has happened in your life is because we made some pretty big mistakes in relations to First Nations people,” he said.
He expressed hope that Nooskey would be able to get the help he needs and put these difficult circumstances behind him.
“You’ve got a young son now. He doesn’t need his dad in jail, does he? He needs somebody to be around and be part of his life,” he said. “That’s going to be up to you and the decisions you make.”
The facts
Estephan said that on May 23, a Barrhead RCMP officer attended a local residence about a report of an assault.
As the officer approached the ajar exterior door of the residence, he saw Nooskey ascending the interior stairs with a rifle in his hands.
He was immediately placed under arrest and complied with police directions to set the firearm on the floor and then crawl out the doorway.
Estephan said the firearm, a Savage Model 64 rifle, was not loaded when Nooskey was carrying it, though a small bag of ammunition was found.
It was also determined that the firearm had been stolen and had a defaced serial number. Nooskey also did not have a licence to possess it and was bound by two separate orders not to have any weapons or ammunition.
Two complainants at the residence — Nooskey’s sister and partner — told police that he had been drinking and became insecure about his relationship with one of the complainants. This led to Nooskey pushing and spitting on both.
Nooskey made it clear to police that he had no intention of using the gun on either woman.
“He had the idea of using it on himself,” Rodgers said, noting that Nooskey was in a very negative place mentally after the death of four friends to gang violence.
Rodgers noted that Nooskey, who is 21 years old, hails originally from the Saddle Lake First Nation.
While the preparation of a formal Gladue pre-sentencing report was being waived, Rodgers noted his grandmother on his father’s side did attend residential school.
She said his father was not around during his youth and his mother struggled with substance abuse. He and his siblings were also subjected to mental, verbal and physical abuse, and Nooskey was aware that his sisters were sexually abused.
She said he was kicked out of his mother’s house at age 11 and bounced around between family members with very little supervision, which led him to drop out of high school.
As an adult, he developed an addiction to opiates that led to him being homeless for a time.
About a year ago, Nooskey’s first son was born, and Rodgers said it was his desire to get treatment for his mental health and addictions issues so he could be part of his son’s life.
Although he acknowledged the tremendous hardships Nooskey had faced, Justice Champion also pointed out he had been very lucky that his confrontation with police did not end in violence.
“I know (the firearm) wasn’t loaded but the police didn’t know that, so you are fortunate in those circumstances,” he said.
