Pubdate: Wed, 22 Jul 2009
Source: Winnipeg Free Press (CN MB)
Copyright: 2009 Winnipeg Free Press
Contact: http://www.winnipegfreepress.com/opinion/send_a_letter
Website: http://www.winnipegfreepress.com/
Details: http://www.mapinc.org/media/502
Author: Mike McIntyre and Gabrielle Giroday

14-YEAR SENTENCE ANGERS POLICE LEADERSHIP

Officers Wanted Longer Term For Cop-Shooter

Senior Winnipeg police executives are calling for tougher parole
requirements after learning police shooter Daniell Anderson could be
back on the streets in less than five years.

The 24-year-old was sentenced Tuesday to 14 years behind bars after
seriously wounding three officers who executed a drug search warrant
at his home. However, he will be able to apply for parole after
serving just one-third of his sentence.

Queen's Bench Justice Doug Abra rejected the Crown's bid for a 20-year
sentence and a requirement that at least half of it be served before
Anderson can apply for early release, calling that "excessive" and
without any legal precedent. Abra also said Anderson's request for a
seven-year sentence was too lenient considering the "outrageous facts"
of the case.

Winnipeg Police Service Chief Keith McCaskill said Tuesday his members
wanted to see a higher sentence for Anderson. McCaskill said he is
concerned by the message Anderson's case sends about their role in the
community.

"They are there to protect society, and they have a very difficult job
to do," he said. "They're putting themselves in jeopardy on a regular
basis... they don't get paid to get shot at."

McCaskill said he'd like to see the parole application process change
so offenders cannot apply after one-third of their sentence for
parole. Sutherland said the police union might consider endorsing
political candidates in the future who supported legislation that
increase jail time for offenders. They currently do not endorse
political candidates.

"If the parole board makes a decision that allows Mr. Anderson to be
on the streets essentially well in advance of the 14 years, these
officers I'm sure are going to be asking themselves what the public
thinks their sacrifice is worth," said Mike Sutherland, president of
the Winnipeg Police Association.

Anderson was found guilty last year of attempting to kill Const.
Donald Murray and discharging a firearm with intent to injure Const.
Curtis Penner. He was not found guilty of trying to kill Penner. A
third officer, Const. Jeremy Cull, was injured after a police bullet
ricocheted and hit him.

The officers were attacked upon entering Anderson's Jubilee Street
home in December 2006. Anderson claimed he was acting in self-defence
when he opened fire from behind his bathroom door because he
mistakenly believed armed intruders were coming after him. He said he
was stunned to later learn the victims were police officers. Several
officers involved in the raid testified they repeatedly identified
themselves upon entering the home. But Anderson told court he never
heard the warnings because he had a loud movie playing on surround
sound and his ears were ringing from the initial shotgun blasts.

Sutherland said families of the officers, and the officers themselves,
were victimized in the shooting and should be able to offer their
views to the parole board hearings. He said people involved in
situations like retaliatory shooting or resisting arrest from police
need a "clear message" that leads to a jail sentence over 10 years.
McCaskill said he was also concerned about statutory release.

Anderson was not given any credit for pre-trial custody, meaning his
earliest parole eligibility is in March 2014.

Crown attorney Brian Bell said last week a sentence of 20-years was
necessary to send a strong message that police officers who put their
lives on the line will get justice.

"These officers were ambushed by Daniell Anderson, ostensibly
protecting his drug stash," said Bell. Defence lawyer Roberta Campbell
called the Crown's request "out of line." She said her client regrets
his actions, shows good prospects for rehabilitation and fully
complied with police once he realized what had occurred.

Abra said Tuesday he believes Anderson is truly remorseful. He also
cited his youth and lack of prior criminal record as positive factors.

"In the circumstances of this case, the sentence must reflect that
anyone who uses a weapon to resist police officers in the execution of
search warrants, will be dealt with severely," said Abra.

"I'm satisfied that the sentence I'm imposing... will serve as
sufficient denunciation and deterrence."

Murray, who was the most seriously injured of the three officers, was
supposed to appear at a press conference Tuesday but changed his mind.

"We have officers, as reported, still healing from injuries and some
will never heal from those injuries," said McCaskill.

"In cases like this, we have police officers that are doing things in
the line of the duty and are actually sentenced in a way to injuries
that they never should have been sentenced to." 
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MAP posted-by: Richard R Smith Jr