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Canada Gerald Stanley due back in court to face allegations he improperly stored 7 guns

15:56  18 february  2018
15:56  18 february  2018 Source:   cbc.ca

Gerald Stanley trial: Fatal shooting of Colten Boushie 'a tragedy but it's not criminal,' defence says

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Gerald Stanley arrives at the Court of Queen's Bench courthouse in Battleford, Sask., on Tuesday morning. Stanley has pleaded not guilty to second-degree murder in the 2016 death of Colten Boushie.© Guy Quenneville/CBC Gerald Stanley arrives at the Court of Queen's Bench courthouse in Battleford, Sask., on Tuesday morning. Stanley has pleaded not guilty to second-degree murder in the 2016 death of Colten Boushie. The legal troubles of Gerald Stanley, the Saskatchewan farmer man acquitted in the shooting death of Colten Boushie, are slated to carry over into provincial court next month.

Stanley, 56, still faces two charges of improperly storing firearms on his Biggar, Sask.-area farm where Boushie was killed.

Boushie, 22, was shot with a Russian-made, semi-automatic Tokarev pistol after he and four others drove onto Stanley's cattle farm in August 2016.

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Stanley testified in the Battleford Court of Queen's Bench that the Tokarev accidentally went off while he held it near Boushie's head. He had retrieved the gun from his shop.

A jury found Stanley not-guilty of either 2nd-degree murder or manslaughter.

7 firearms tied to charges

Stanley is now scheduled to face the improper firearm storage charges in North Battleford Provincial Court on March 19.

Scott Spencer, Stanley's defence attorney during the murder trial, said he will again represent Stanley.

The charges are tied to seven of the 10 firearms found by the RCMP during a search of the Stanley farmhouse and shop two days after Boushie was shot.

RCMP found both the Tokarev and a Ruger Blackhawk revolver inside a black case in a farmhouse closet.

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But while the revolver is listed among the guns said to be improperly stored, the Tokarev is not.

The Ministry of Justice wouldn't comment on why that is.

But Solomon Friedman, an Ottawa-based defence attorney with a focus on firearms law, said it could be argued the Tokarev wasn't being stored in any long-term sense.

"The Tokarev was in use. The fact that he put it down temporarily in there until the police got there means that it probably technically wasn't stored," said Solomon.

"You don't want it in front of you or you don't want to be holding it when the police arrive," he added. "It's not to shift blame or anything. It's just because you don't want there to be some terrible misunderstanding [with police]."

'Maybe a fine'

Solomon said it's possible Stanley could come to a plea agreement with Crown prosecutors before his court date.

And if he doesn't?

"In my experience, somebody living in a rural property who's otherwise licensed but they haven't complied with the letter of the law when it comes to storage, they tend to be looking at non-jail sentences, anywhere from a discharge to a suspended sentence, maybe a fine."

Poll finds Canadians divided over verdict in Colten Boushie case .
Angus Reid poll finds Canadians are divided over the verdict in the Colten Boushie case, but in Saskatchewan a majority say it was a “good and fair” decision. A new poll by Angus Reid says Canadians are divided over the decision made by the jury in the Colten Boushie case.Boushie, 22, was shot and killed on a Saskatchewan farm in July 2016.READ MORE: Gerald Stanley found not guilty of murder of Colten BoushieA jury found Gerald Stanley not guilty of second-degree murder.The poll released Tuesday by Angus Reid said 32 per cent of those surveyed who knew about the case found the verdict “flawed and wrong.

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