Nunavut man accused of pointing a rifle at RCMP officers convicted of assault

A 35-year-old Pond Inlet man has been convicted of assault, after he pointed a rifle at two RCMP officers last year.

Brian Omik went to trial accused of a more serious offence: two charges of threatening to use a weapon in the course of an assault against a peace officer.

But Nunavut Court Justice Sue Cooper stayed the two charges during a trial that wrapped up Jan. 29.

After he levelled a rifle last June at two police officers in Pond Inlet, Omik initially faced other charges that were dropped before trial: two counts of threatening to use a firearm in the commission of an assault against a police officer, two counts of pointing a firearm, one count of careless storage of a firearm and another count of assault.

Cooper said in a judgment released Feb. 27 that she had wanted to consider whether a judicial stay should be entered on some of the charges Omik faced “so that we do not run afoul of the rule against multiple convictions.”

As for the charges of threatening to use a firearm in the commission of an assault against a police officer, Cooper said that that the level of intoxication of Omik raised a reasonable doubt as to whether he was aware that the people at his door were police officers.

“Accordingly, he cannot be found guilty of the offence as charged,” Cooper said.

But she said pointing a firearm at a person is an act that threatens the use of force. On this basis, Omik was guilty of assault. Cooper said.

Omik has already been convicted of two counts of pointing a firearm and on the charge of careless storage of a firearm.

The charges date back to July 27, 2018, when police in Pond Inlet heard from his spouse that he had assaulted her.

“Two RCMP officers went to the residence to arrest the accused. They went up the exterior stairs to the residence and knocked on the door. There was no response. The officers tried the door but it was locked. When the accused opened the door, he had a rifle. Up to this point the police had not identified themselves,” Cooper said.

Her judgment said Omik held the rifle at a slightly downward angle, then he raised it to approximately waist level and pointed it at the officers. The officers immediately moved to the sides of the door, one to the left and one to the right, and yelled at Omik to put the rifle down.

One officer testified that Omik was trying to work the action on the rifle but he couldn’t tell whether he was trying to load or unload the chamber.

The officers kept yelling at the accused to put the rifle down.

The incident, which lasted only about 30 to 60 seconds, ended when Omik slowly lowered the barrel of the rifle and put it down.

By all accounts, Omik was intoxicated. The officer testified that he had slurred speech and a strong odour of alcohol, Cooper noted. Omik’s sister, who was drinking with the accused that night, testified that in her opinion the accused was “super drunk.”

Omik also testified that he was highly intoxicated. He said he recalled walking outside with his sister, at which point he blacked out. The next thing he knew he was waking up in RCMP cells. He said he had no recollection of the incident with the police and the rifle at the door to his residence.

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