The Crown is seeking a three-year prison sentence for a Windsor man who was caught carrying a homemade loaded firearm. However, the defence argues that the do-it-yourself contraption could only 'technically' fire a bullet.
Court proceedings
Defence lawyer Alyssa Jervis told Ontario Court Justice Gregory McGivern on Thursday that the bullet did not travel far during police testing. 'The bullet didn't go very far,' Jervis said, referring to tests at a firing range. 'But technically the firing compound reacted, because technically a bang happened, some smoke came out and there was a technical projectile.'
The gun's owner, Codi Merilees, 38, previously pleaded guilty to three weapons-related offences. Windsor Police seized the firearm on Dec. 17, 2024, at an apartment in the 300 block of University Ave East while executing a material witness warrant, assistant Crown attorney Zachary Battiston said.
Description of the weapon
The homemade firearm consisted of a 'handle with a hollow tube on top' with an 'unspent 22-calibre round' inside the tube and a bolt held in tension by blue elastics, according to the agreed statement of facts. 'In order for it to fire, the bolt over the elastics would have to be pulled back and let go in order to make it fire,' Battiston said.
Police also seized a 12-inch blade and a five-inch knife on Merilees during the arrest. At the firing range, officers made multiple attempts to fire a cartridge but were initially unable to notice if the priming compound had exploded. A second test produced a low volume bang and a small amount of smoke, confirming the firearm was operational and able to fire a 22-calibre round.
Defence arguments
Jervis described the gun as 'not exactly the most realistic looking homemade firearm' and highlighted her client's co-operation with police as a mitigating factor. 'Mr. Merilees was exceptionally co-operative with the police,' Jervis said. 'Not just beyond what was required but possibly beyond what was in his best legal interest. I don't think the test firing would've been possible without Merilees explaining to the officers just how that could happen.'
The defence is asking for a two-year conditional sentence followed by three years of probation, with the first 18 months under a nightly curfew. Jervis argued that a conditional sentence would help Merilees rehabilitate and reintegrate into society.
