With credit for time served, a West Kelowna man will be facing 40 months in prison for shooting his roommate and then bear-spraying a Walmart employee who tried to stop him from stealing while out on bail.
Court heard that Charles Maskell fired two shots after getting into a heated argument with his roommate Robert Delve.
The first one was a warning shot, but the second one hit Delve in the abdomen.
The bullet is still in Delve to this day, according to the Crown.
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But both the Crown and the defence agreed during sentencing that there was no intent to kill.
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Maskell was originally charged with attempted murder but pleaded guilty to the lesser charges of assault causing bodily harm and possession of a loaded firearm without a licence.
Then, while out on bail in August 2018, court heard that Maskell put some meat in his back pocket while in a Walmart, left the store without paying and bear-sprayed the loss prevention officer who tried to stop him.
It’s suspected that Maskell was on methamphetamine at the time.
Maskell was dressed in an orange jumpsuit as he appeared via video link from Okanagan Correctional Centre for sentencing.
The total sentence of about four years for both crimes is around the range asked for by the Crown.
The defence had asked for a sentence of two years less a day, plus three years of probation. Defence lawyer Paul McMurray said he was hoping to keep the 61-year-old man out of the penitentiary.
McMurray said he needed time to consult with Maskell before deciding whether or not to appeal.
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