GUILTY OF SHOOTING 2 OFFICERS

A drug dealer tried to kill a city police officer and intentionally
wounded another, a judge ruled Wednesday.

However, Daniell Anderson, 23, remains a free man because his lawyers
have launched a Charter challenge, which means the case against him is
far from over.

Queen's Bench Justice Douglas Abra ruled that during a December 2006
drug bust at Anderson's home at 723 Jubilee Ave., he fired a shotgun
blast through the main-floor bathroom door, intending to kill Const.
Donald Murray.

Anderson was also found guilty of firing the 12-gauge shotgun with the
intent to wound Const. Curtis Penner.

He had originally been charged with attempting to kill Penner as well,
but the judge ruled otherwise.

However, in a rare turn of events that unsettled a throng of off-duty
police officers present to hear Abra's verdict, court heard that the
charges and findings of guilt against Anderson may still be tossed
out.

Anderson is alleging his Charter rights were violated because officers
used excessive force during his arrest. His lawyers say police conduct
should result in the charges being quashed.

His lawyers said during the trial that they would apply to quash the
convictions if Anderson were found guilty. On Wednesday, they
reiterated that position.

"The convictions may never register," defence lawyer Roberta Campbell
said after the hearing.

"Under the Charter... certain activities can bring the administration
of justice into disrepute," she added.

"The evidence is what it is and it will be up to the judge to
determine if it crosses that line."

During the trial, it came out that Anderson was injured in the
gunfight but may not have been treated immediately. Campbell said
these allegations could make up part of the "excessive force"
argument. A hearing is tentatively set to begin Jan. 14.

Allegations arose during the trial that he had also been roughed up by
police during his arrest.

Anderson claimed he acted in self-defence by barricading himself in
the bathroom with the gun, and that he didn't know it was police
officers who were busting into his house.

After Abra delivered his decision, Crown attorney Brian Bell asked to
have Anderson held in custody.

Abra denied Bell's request, saying that the case isn't closed pending
the outcome of the Charter hearing.

"I don't see any reason why I should put Mr. Anderson into custody,"
he said, adding he's been out on bail for two years with no indication
he's ever breached his terms of release.

Police officers in court were irked at the judge's decision to allow
Anderson to walk out of court. "There's no justice for the victims,"
one was heard muttering.

Anderson had no comment when approached outside the Law Courts
building. He was whisked away in a minivan after being escorted to the
vehicle by a sherriff's officer.

Mike Sutherland of the Winnipeg Police Association told reporters that
Murray's family was happy to hear Anderson was found guilty of
attempted murder, but Penner and his family were disappointed about
the "softened" conviction for what Anderson did to him.

Sutherland added that the likelihood of a significant prison sentence
for Anderson if the conviction holds, makes him a flight risk.

"The court saw fit to maintain bail when I think that many of us have
a lot of concerns in regards to that," he said, speaking on behalf of
rank-and-file police officers.

"We're relieved to some degree that there were convictions rendered,"
Sutherland said.

"However, we're not out of the woods yet... a strong deterrent and
denunciating sentence needs to be made here in order to send the
proper message."

Sutherland said the allegations of excessive force being put forward
by Anderson are "a common defence tactic.

He said evidence given during the trial showed Anderson suffered no
broken bones or lost teeth and only required "a few stitches."

"I think that the officers actually acted with restraint," he
said.

However, in the aftermath of his arrest, one of Anderson's lawyers,
Gail MacAulay, said his face was "black and blue."

In May 2007, Anderson pleaded guilty to the drug charge -- possession
for the purpose of trafficking -- that led police to his house five
months earlier.

He was sentenced to five months, time in custody. It was his first
criminal conviction.

During the raid, officers seized just under two kilograms of
marijuana, a quantity of Percocet tablets, more than 44,000 in cash
and drug paraphernalia.