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BARRHEAD - A 21-year-old man who helped move a bag containing firearms after a vehicle crash in Swan Hills which ended in the death of a young woman now has a criminal record and will have to serve 24 months of probation.
Spencer Lorne Peacock received the sentence during a May 21, Barrhead Court of Justice session, after pleading guilty to one charge of unauthorized possession of a firearm.
Justice Clifton Purvis handed down the sentence, which also included 75 hours of community service and a three-year weapons ban, accepting a joint Crown-defence submission.
Probation conditions include reporting to his probation officer as directed, informing the court of any change in life circumstances, such as a change of residence or employment status, and attending all assessments, counselling and treatment mandated by said probation officer, especially regarding drug and alcohol abuse.
In the first year of his probation, Peacock will be subject to a curfew in which he must be at his residence and be willing to present himself to a peace officer from 10 p.m. to 6 a.m. He is also prohibited from leaving the province and being in contact directly or indirectly with another accused facing several charges over the same incident.
As part of the submission, the Crown withdrew three other charges, including: knowingly possessing an unlawful firearm and two counts of contravening the safe storage of a firearm.
Crown prosecutor Francis Wallace told the court that the incident began on April 7, when the accused drove two individuals using his vehicle from High Prairie to the residence of one of his relatives in Swan Hills.
The trio arrived at the residence in the early morning hours of April 8.
She said that the two individuals, a male and a female, went into the residence after they were welcomed by one of Peacock's relatives, while the accused remained in the vehicle.
"Before falling asleep [in the front passenger seat], Mr. Peacock informed Mr. Gladue and Mrs. Rowan to wake him up when they wanted to leave," Wallace said.
She added that when Peacock woke up, the vehicle was in motion, the other male was in the driver's seat, and the female was screaming.
"Mr. Peacock's head then hit the windshield, and the airbags deployed," Wallace said, adding that the impact rendered the accused unconscious." When Mr. Peacock regained consciousness, Wallace said, he observed the male was still in the driver's seat, but the female was no longer in the vehicle.
The vehicle was in the southbound ditch adjacent to Highway 33, roughly 33 kilometres north of Swan Hills.
She said the accused and the other male occupant climbed out of the vehicle using the sunroof.
Wallace said it was then that Peacock saw the female lying on the ground near the vehicle. The Crown later stated the female died from her injuries on route to the hospital.
"[The other male] attempted to restart the vehicle and lift [the female] to her feet. [He then] instructed Mr. Peacock to remove a trio of bags from the vehicle," she said, adding the accused was told that a black leather bag contained guns and ammunition and that it had to be hidden or it would be "bad for both of them".
She said the accused hid the bag "poorly" behind a fallen tree without opening it, hoping the police would find it.
The Crown said when police arrived, Swan Hills RCMP Const. Kevin Chopek easily found the bag and discovered it contained two long guns and assorted ammunition.
Wallace said the weapons, notably two shotguns, were analyzed and found to be prohibited firearms.
She added influencing the Crown's suggested sentence was the fact that Peacock did not have a previous criminal record.
She added that Peacock did not possess a valid possession and acquisition licence when he handled the bag with the firearms inside.
Peacock's lawyer, Brian Hurley, said while his client is of Indigenous descent, he waived his right to a Gladue report, noting his mother is from a sovereign First Nation, while his father is Métis. They were 17 and 18, respectively, when Peacock was born.
"Not surprisingly, they were not in the position to raise him, and he has been raised mainly by his paternal grandparents, with whom he is staying on their farm," Hurley said. "He does well when there, but when he is not, he has gotten into trouble and was present at something very serious."
A Gladue is a pre-sentencing report that helps courts consider the multitude of factors that can lead an Indigenous person to become in conflict with the law.
"[The Northern Addictions Centre] has an excellent program, I've heard many good things about it," Justice Purvis said. "I wish you luck. The program gives you a very good chance."
Barry Kerton, TownandCountryToday.com
