COP SHOOTER GUILTY: JUDGE

Charter Rights Violated: Defence

A Winnipeg man who shot two police officers during a drug raid at his
Jubilee Avenue home has been found guilty of attempted murder and
discharging a firearm with intent to wound.

But Judge Doug Abra did not formally convict Daniell Anderson of the
crimes at a brief hearing yesterday afternoon.

That will have to wait until Abra hears a defence motion to set aside
the guilty findings on charter grounds. Anderson's lawyers are arguing
police violated Anderson's charter rights when they used excessive
force to arrest him.

A date to hear the motion has not been set.

Throngs of police officers and reporters crowded the court room, many
of whom were forced to wait in the hallway until the hearing was over.

At his trial earlier this year, Anderson, 23, testified he believed he
was the victim of a home invasion on Dec. 7, 2006, when he barricaded
himself in a bathroom and fired a shotgun, seriously wounding
constables Don Murray and Curtis Penner.

Pierced Wall

A third officer, Const. Jeremy Cull, was wounded after a shot from
Penner's gun pierced a wall and struck him in the leg.

In a 51-page written decision, Abra said he did not believe Anderson's
testimony he was in fear of his life when he shot the officers.

"The accused took no steps to ascertain whom it was that had forcibly
entered the house and he really had no idea whether the intruders were
armed," he wrote. "Nevertheless, he wants me to accept that it was
appropriate for him to shoot at the police officers."

Abra found Anderson guilty of attempting to kill Const. Don Murray.
Abra found Anderson not guilty of attempting to kill Const. Murray
Penner, but guilty of discharging a firearm with intent to wound.
Anderson was also found guilty of possessing a weapon dangerous to the
public peace.

Murray suffered a shotgun blast to the stomach, while another shot
shattered Penner's wrist and forearm.

"We are relieved, to some degree, that convictions were rendered.
However, we aren't out of the woods yet," said Winnipeg Police
Association president Mike Sutherland outside court.

At trial, Anderson told court he tossed his rifle away and dropped to
the floor when he realized he had been shooting at police. He alleged
police officers proceeded to beat him severely and took turns punching
him in the head as they dragged him to a police cruiser.

Campbell said she will be arguing to set aside the guilty findings on
the grounds the police officers' actions "bring the administration of
justice into disrepute."

Anderson has been free on bail as he awaited a verdict. Abra rejected
a move by the Crown to have Anderson taken into custody pending the
hearing of the charter motion.

Sutherland said he was disappointed at the ruling, arguing Anderson is
a greater flight risk now that Abra has found him guilty of shooting
the officers.