Nunavut court: Man threatens RCMP with gun over seized booze

The RCMP detachment in Baker Lake, in an undated file photo. Joseph Attutuvaa, 21, confronted an RCMP member there on March 30. (FILE PHOTO)

A young man from Baker Lake is to serve 18 months in jail for attacking an RCMP member in a drunken rage provoked by the police’s seizure of liquor the young man had stolen earlier from the local airport, Justice Robert Kilpatrick ruled June 11.

Joseph Attutuvaa, 21, of Baker Lake, drunk at the time, broke into the cargo area of the airport March 17. There, he stole six boxes of liquor to “sustain his addiction,” Kilpatrick said in his judgment.

Police released the young man on an undertaking, which included a promise not to possess or consume alcohol.

On March 30, Attutuvaa decided to recover the fruit of his earlier illegal labours.

At 7 a.m., he headed to the RCMP station, where he planned to break in and steal back the booze police had seized two weeks earlier.

But Attutuvaa’s plan went awry — he saw a civilian guard inside the detachment building.

Later that day, he started drinking liquor with a friend, in breach of his undertaking.

Fueled by booze and a sense of grievance, he decided to grab his stepfather’s rifle and some ammunition — and confront police.

“Mr. Attutuvaa knew that this was very dangerous. He knew that he might be shot in such a confrontation. Mr. Attutuvaa didn’t care. Mr. Attutuvaa was angry at the police for taking the liquor from the airport break and enter,” Kilpatrick said.

In his judgment, Kilpatrick said the young man was angry also at police for “some perceived grievance” connected to his late stepmother.

“Mr. Attutuvaa wanted to be arrested. He wanted to leave Baker Lake and go to gaol. Mr. Attutuvaa was angry at the world,” Kilpatrick said.

After somebody saw the young man heading for the detachment, they called the police.

An RCMP member named “Constable Briggs” found Attutuva descending the steps of the Baker Lake detachment with a rifle.

Angry and intoxicated, the young man advanced towards Briggs “with the rifle trained on its target.”

Briggs responded by drawing his service revolver, training it on Attutuva while repeatedly ordering the young man to throw down the rifle.

After moving to within 25 metres of the police officer, Attutuva got rid of his gun but ignored orders to drop to the ground and continued moving towards Briggs.

But after reaching a spot about five to 10 metres away from Briggs, Attutuva relented and the confrontation ended.

“Constable Brigg’s forbearance in not discharging his service revolver at the accused was remarkable,” Kilpatrick said.

Briggs did not know then that the young man’s rifle was never loaded. That’s because he grabbed the wrong ammunition from his stepfather’s house.

However, in a later statement to police given under a caution, Attutuva admitted he would have loaded the gun if he had the right ammunition.

“Mr. Attutuvaa was fully prepared to discharge the weapon to scare the RCMP officer. Mr. Attutuvaa insisted that he never actually intended to shoot the constable,” Kilpatrick said.

“Had Constable Brigg’s adversary discharged a loaded firearm, the constable might not have had the time or opportunity to fire back. Police officers do not have to wait until they receive fire to fire in self-defence. A bullet can be very unforgiving,” Kilpatrick said.

At a sentencing hearing June 4 at the Nunavut Court of Justice in Iqaluit, Crown lawyer Leah Winters asked Kilpatrick to send the young man to jail for at least two years in a federal penitentiary.

The defence lawyer, Patrick Bruce, suggested a six-month prison term followed by a lengthy period of probation.

After taking Attutuvaa’s young age into account, his quick guilty plea and his lack of a criminal record, Kilpatrick sentenced him to the legal equivalent of 18 months in jail for pointing a firearm.

After getting nine weeks credit for pre-trial custody, he’ll serve another 15 months and three weeks. Kilpatrick recommended he do that time at the new correction facility in Rankin Inlet.

“This recommendation is to be endorsed on the warrant of committal. This offender needs access to remedial programs to address addictions and anger,” Kilpatrick said.

Following his release, Attutuva will live under a 12-month probation order, during which he must undergo an alcohol and drug assessment.

As for the firearm the young man used to threaten police, Kilpatrick ordered that it be destroyed.

That’s because the man it belongs to, Attutuva’s stepfather, is serving federal time for committing sex crimes against minors.

“The owner can neither use the firearm nor supervise its use while he is incarcerated,” Kilpatrick said.

He also sentenced Attutuva to one day, or time served, for break, enter and theft, and breach of an undertaking.