A northern Alberta man who shot an intruder who was trying to steal his ATV was acquitted of all charges Friday.

Eugene Dalton, 62, was found not guilty of aggravated assault, discharging a firearm with intent to harm, careless use of a firearm and unlawful use of a firearm.

The charges stem from a July 6, 2014, incident where Dalton was asleep at his home in Chard when he was awakened by loud noises about 4 a.m. He went outside with a loaded shotgun and found Philip Janvier driving towards him on his quad.

Dalton testified he fired in the air; however, Janvier was wounded in the upper left arm.

Court of Queen’s Bench Justice Dawn Pentelechuk said while Dalton’s decision to fire had “tragic consequences,” his actions were unintended. “Recklessness cannot substitute for intention,” she said. “I cannot establish intent beyond a reasonable doubt.”

Pentelechuk accepted Dalton’s testimony that he was in fear for his safety and ruled he had acted in self-defence. She also found that the quad was a weapon.

However, Dalton — a truck driver and father of two sons — was earlier given a six-month conditional discharge and ordered to perform 50 hours of community service after pleading guilty to possessing a shotgun without a licence.

“I’m sorry for what happened,” said Dalton. “I didn’t mean for anything to happen to Philip Janvier.”

At trial, Dalton testified he fired in the air “just to scare him away so he would take off and leave” and said he was scared that Janvier was going to run him over. He denied intending to shoot him and said he didn’t believe he was hit.

According to an agreed statement of facts, Janvier had gone to Dalton’s acreage with his girlfriend and her cousin with the intention of stealing the quad.

After being shot, Janvier was airlifted to University Hospital in Edmonton where he underwent surgery.