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Man sentenced to four years after shooting man in leg

Nov 6, 2019 | 1:59 PM

A man who shot another man in the thigh following a violent altercation near Denny’s in May 2018 will spend two more years in jail after his initial arrest last year.

The court heard Tyson Darryl Cole, 32, entered the Denny’s restaurant with two women on May 1, 2018. Another man and his two male friends were also inside the restaurant.

After leaving Denny’s around 2:30 a.m. a verbal altercation took place between Cole and the other man. During the argument, Cole walked up the street and the other man soon followed. Cole waved his handgun and fired two shots, one of which hit the other man in the upper thigh. Cole fled the scene after discharging his gun.

Crown said a few months later on July 26, 2018, two RCMP officers spotted Cole near Kin Beach and attempted to arrest him for an outstanding warrant. Cole fled into the lake to evade police but officers came after him, and tried to arrest him. Police eventually handcuffed him on the beach and the Crown said one arresting officer suffered a twisted wrist and had to take time off work as a result.

Crown counsel Margaret Cissel and defence lawyer Troy Anderson presented a joint sentence submission requesting the court hand Cole a four year jail sentence minus a two-year credit for time served.

On May 6, 2019 Cole pleaded guilty to five firearm related offences including reckless discharge of a firearm, possession of a firearm, and possession of a weapon for a dangerous purpose. He originally faced 14 charges total, including attempted murder, but those charges have been stayed.

During the sentencing hearing, Anderson called his client’s life a “road map to jail,” and revealed Cole was raised by his mother who had a drug problem and was taken into foster care at age nine.

Anderson said his client lived in approximately 10 different foster care homes until he left at 15 to live on the streets.

Speaking to Judge Mark Takahashi, Anderson argued it’s important to note his client did not initiate the confrontation on May 1 and tried to walk away.

“It was not a confrontation he was looking for,” Anderson said.

Anderson pointed to a portion of the shooting victim’s statement that said “he’s pretty sure he said something that triggered the black male.”

Judge Takahashi ultimately accepted the joint submission and sentenced Cole Wednesday morning.

Cole has been in custody since July 26, 2018.

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