Man who drove ATV at cops, had gun and knife gets 2 years jail
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A 25-year-old city man is off to jail after an incident where he drunkenly waved a gun at a home, stole an ATV, drove at an officer and was later arrested carrying bullets, a knife, and pepper spray while a loaded gun was found nearby.
Jason Donald Holmes, was 23 when the offences unfolded in December 2010, according to an Ontario Superior Court of Justice decision released this week.
“It is clear from Mr. Holmes’s criminal record that all measures short of imprisonment have been tried,” states the decision by Madam Justice Julianne A. Parfett.
“Defence counsel has implicitly accepted that the only option left to the court is imprisonment and I agree.”
The events began early in the morning on Dec. 31, 2010, when a man asleep in his home woke up to a noise coming from the backyard, according to the sentencing report. The homeowner spotted someone, wearing a balaclava, steal a propane tank from his neighbour’s yard and place it on an ATV nearby. He called 911 and then saw Holmes waving a gun around.
Shortly after, a police officer on scene told Holmes he was under arrest but instead Holmes drove the ATV toward the officer and fled.
Holmes, who had ditched the ATV and ran, was stopped by another officer.
A box of .22-calibre rifle rounds, a hunting knife, pepper spray and a bolt action lever for a rifle was found on Holmes, who was drunk.
A fully loaded .22-calibre rifle was found in as search of the area.
Holmes pleaded guilty to a string of charges, including carrying a concealed weapon, possession of a firearm while prohibited, resisting arrest and dangerous driving.
Holmes has a “fairly lengthy criminal record” the decision states but has long struggled with alcohol. He spent nearly two years at Harvest House. In January 2010, he was diagnosed and began treatment for bipolar disorder.
There were several aggravating factors in the case, including that Holmes was armed with a gun, among several weapons, and showed an ongoing pattern of theft, break-in and weapons offences.
“In the Crown’s view, racing around a residential neighbourhood on an ATV in order to avoid police and while drunk created a significant danger to himself and those around Mr.Holmes,” states the decision.
Holmes was sentenced to two years in jail (after being given credit), and conditions also include a lifetime ban on weapons and a two-year driving ban.
danielle.bell@sunmedia.ca
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