A Tees-area farmer who shot at a thief stealing a quad on his farm in March 2009 will appear in Red Deer court next month for a trial date to be set in his case while one of the accused in the incident has been sentenced to a jail term.
Enough evidence was presented for the case of Brian Russell Knight, 39, in a preliminary enquiry in Stettler Provincial Court on June 17 to proceed to trial.
Knight is scheduled to appear in Red Deer Provincial Court on July 16 to set a trial date in the Court of Queen’s Bench.
“Having heard the testimonies, I am satisfied that there is sufficient evidence on each of the charges,” said Judge Jim Mitchell.
Knight faces seven charges which include unlawful use of a firearm, pointing a firearm, possession of a dangerous weapon, assault with a weapon, criminal negligence causing injury, dangerous driving and unauthorized possession of a firearm.
A ban on publication was issued for evidence in the preliminary enquiry as regulated by law as six witnesses testified in court on June 17, which did not include the accused Knight who sat beside his lawyer during the three-hour session.
Knight was accused of shooting at the thieves in the incident overnight March 25 and 26, 2009.
Three men were involved in the theft.
Kyle Rosenthal, 24, of Red Deer and formerly of Alix, was sentenced to 15 days in jail after pleading guilty to one charge of theft under $5,000 when he appeared for trial June 22 in Stettler Provincial Court.
The sentence was jointly submitted his lawyer and the Crown Counsel.
He expressed remorse for his part in the incident.
“I’d like to apologize for what I did that night, especially to Brian Knight and his family,” said Rosenthal, as Knight was in the audience.
Handing down the sentence, the judge warned that theft is a very serious crime, and frightening for the victims.
“This is definitely a short sharp incarceration and this sends the message that this activity is frowned upon,” said Judge W.A. Andreassen.
Recently sustaining about 10 stab wounds to his neck and face area that caused some nerve damage, Rosenthal was ordered to serve his time on weekends to accommodate upcoming surgery.
He will also be placed on probation between times of incarceration.
Harold T. Groening, 31, of Mirror was sentenced to 30 days in jail after pleading guilty to theft under $5,000 in Stettler Provincial Court on April 22.
Two charges of theft over $5,000 and possession of stolen property were dropped in connection with the theft of a pick-up truck and an all-terrain vehicle quad.
Groening sustained 17 pellet wounds as Knight fired at the suspect as he fled in a quad around 1:30 a.m.
Nick Dewald, 23, of Alix, was fined $400 in Stettler Provincial Court on Nov. 26 last year after pleading guilty to a charge of theft under $5,000.