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This article was published 27/6/2011 (3382 days ago), so information in it may no longer be current.

A Manitoba judge expressed sympathy Monday for a frightened newcomer to Winnipeg who bought a handgun for protection while living in one of the city's most crime-infested neighbourhoods.

But he still sent him to jail.

Kevin Everett, 22, was sentenced Monday to 21 months in jail and one year of probation after pleading guilty to weapons offences stemming from his November 2008 arrest.

Police spot-checked Everett while he was walking near Central Park, and he immediately admitted having a loaded firearm in his waistband. He put his hands in the air and allowed police to take the weapon without incident. Everett explained he'd already dodged several bullets since moving to the core area after growing up in the remote northern Manitoba community of Tadoule Lake. He said he feared for the safety of himself, his girlfriend and his three young children and bought the Ruger handgun on the black market several months earlier. He has no prior criminal record.

Court of Queen's Bench Justice John Menzies said Monday it pains him to put someone like Everett behind bars. He considered taking the highly unusual step of ignoring a joint recommendation from Crown and defence lawyers and actually imposing a lower sentence, but conceded rulings in higher courts suggest these types of plea bargains should be honoured.

"I don't condone it, but I understand why you were carrying a gun," Menzies told Everett. "I've really struggled with this file. It's something that has bothered me."

Crown attorney Adam Bergen told court the fact Everett narrowly missed being hit by stray bullets in a previous shooting targeting another man should be of little consequence.

"This isn't the Wild West and not a movie out of Hollywood," Bergen said.

That struck a raw nerve with the judge, who questioned such a stance.

"You don't think it's mitigating, the fact this man is getting pursued by gangs and has been shot at in the past?" asked Menzies.

"Nope," replied Bergen.

"Well, I hope you're never threatened, Mr. Bergen. I know it's a crime, but my goodness, I can't think of a better reason to be carrying," Menzies said.

Bergen said there have been several judgments in Canada that "resoundingly" suggest carrying a gun for protection should not be seen as a mitigating factor. "And I'm resoundingly against that opinion," Menzies said.

The judge also bemoaned the fact there are now mandatory jail sentences for firearm-related offences in Canada, saying a case like this shows the courts should allow some flexibility for unusual circumstances.

Menzies told Everett he should be proud of the fact he's gone his entire life until now without any other brushes with the law, considering he grew up in a terrible environment on the remote northern reserve. Everett has also been out on strict bail conditions since his arrest without any reoffending.

"I'm very sorry for carrying a weapon," Everett said.

www.mikeoncrime.com