Pubdate: Wed, 22 Jul 2009
Source: Winnipeg Sun (CN MB)
Copyright: 2009 Canoe Limited Partnership
Contact:  http://www.winnipegsun.com/
Details: http://www.mapinc.org/media/503
Author: Dean Pritchard, Staff Writer

COP-SHOOTER GETS 14 YEARS

But He Could Be Out After Third Of Sentence

Daniell Ian Anderson has been sentenced to 14 years in prison for a
drug raid shoot-out that seriously wounded three police officers.

The Crown had recommended Anderson be sentenced to 20 years in prison
and that he serve half his sentence before being eligible for parole.
The defence was seeking a sentence of seven years.

Justice Doug Abra ordered there be no change in Anderson's parole
eligibility, meaning he could be released on day parole after serving
just one-third of his sentence.

Abra said the Crown presented no case law to support a 20-year
sentence, which he described as "excessive." Defence lawyer Roberta
Campbell said outside court she believes Anderson's sentence is too
high and will be speaking with him about a possible appeal.

"That will be his decision," she said.

Anderson, 24, shot and wounded two police officers in December 2006
during a surprise drug raid at his Jubilee Avenue home.

Anderson testified at trial he believed he was the victim of a home
invasion when he barricaded himself in a bathroom and fired a shotgun
through the wall, seriously wounding constables Don Murray and Curtis
Penner. A third officer, Const. Jeremy Cull, was wounded after a shot
from Penner's gun pierced a wall and struck him in the leg.

Anderson suffered a gunshot wound to his elbow and hand.

Campbell said one possible avenue for appeal will be Abra's finding he
was not satisfied "beyond a reasonable doubt" Anderson knew it was
police who were raiding his home.

Abra convicted Anderson last December of one count each of attempted
murder, discharging a firearm with intent to wound and possession of a
dangerous weapon.

Anderson's only previous conviction was for possession of marijuana
for the purpose of trafficking, a charge laid in connection with the
same drug raid. Anderson was sentenced in May 2007 to five months time
served in a plea bargain that saw similar charges dropped against his
parents and girlfriend.

Abra said the shootings were "totally unjustified" and dismissed any
suggestion Anderson was acting in self-defence.

Abra said he was satisfied Anderson was genuinely remorseful and
unlikely to re-offend violently, but a severe sentence was necessary
to deter and denounce his "outrageous acts."

"Any sentence I impose must satisfy the public the use of firearms
against police will not be tolerated," Abra said. "Anytime police
execute a search warrant they are placing themselves in harm's way."

Earlier this year, Abra rejected a defence motion to stay the charges
on the grounds police used excessive force in arresting Anderson.

Anderson testified he voluntarily dropped his shotgun and surrendered
when he realized he had been shooting at police officers. Anderson
said police officers repeatedly punched him in the head as they
dragged him to a police cruiser. He claimed another officer held a gun
to his head and threatened to shoot him.

Officers testified they hit Anderson because he was resisting arrest.
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