Man jailed in shooting incident
November 3/2010
SUSAN GAMBLE / www.brantfordexpositor.ca
A Brant County man who used a shotgun to frighten a couple of fishermen who had dropped lines in his stocked trout pond was sentenced Tuesday in Superior Court to a year in jail.
But Frank Meszaros's lawyer Shawn Swarts was working on arranging bail for his 62-year-old client and appealing that judgment before the ink was dry on the sentence.
"I have no choice ... but to impose the minimum mandatory sentence of incarceration," said Justice Harrison Arrell, sending off the immaculately dressed Mezaros to be processed.
Arrell said that he considered if the minimum punishment of a year in jail would be "so excessive or grossly disproportionate that Canadians would find it abhorrent or intolerable."
He said he didn't believe Meszaros's situation met that threshold.
"The case involved an experienced gun handler who approached two young men in an isolated setting with a loaded firearm when there was no danger to himself or his wife," said Arrell.
"He exercised incredibly poor judgment and it could have had tragic consequences."
Arrell took into account Meszaros's unblemished past, relatively high regard in the community, longstanding marriage and excellent work record in passing sentence.
In May 2008, two 27-year-old men were fishing along Whiteman's Creek and moved onto a private pond on Meszaros's property, which is adjacent to Apps Mill Nature Centre.
The homeowner saw the men from his house and confronted them with a buckshot-loaded shotgun.
According to disputed testimony, Meszaros either shot into the air or shot toward the men, who were hit with a few pellets.
A jury found Meszaros guilty of assault and using a firearm while committing that assault.
The maximum sentence for using a gun while committing an indictable offence is 14 years, while the minimum sentence is one year.
During sentencing discussions in September, Meszaros's lawyer insisted that sending his client to jail would be a cruel and unusual punishment that didn't fit the severity of the crime.
"It was obvious he was defending his property," said Swarts. "There was a constant problem with people on his property." Swarts said his client is an exemplary citizen, who has never been to jail and who has a heart condition.
The lawyer suggested a conditional discharge and a probationary term.
But assistant Crown attorney George Orsini told the judge that Meszaros had taken the law into his own hands.
"He loaded a shotgun and fired it while two people were running away. He never called the police. He was not defending his property."
Fishing is allowed in areas of Whiteman's Creek but sportsmen are supposed to remain in marked areas.
During interviews with police, Meszaros recalled only two other times in three decades when fishermen trespassed on his land. Both times the fishermen left after being asked to do so.
"(This time) he was angry at the fishermen fishing in his stocked pond," said Orsini. "He was teaching them a lesson and never called the police."
After a six-day trial, Meszaros was convicted on four counts of assault, careless use and storage of a firearm and using a firearm while committing an offence.
The jury was unanimous in saying that Meszaros used excessive force in defending his property.
The judge did not order Meszaros to surrender a sample of his DNA, saying the chances of him reoffending are "slim to nil." Meszaros's lawyer said the sentence will be appealed.