SHOOTER LOSES BID TO GO FREE

Shot Cops On Drug Raid; Brutality Claim Rejected

Daniell Anderson walked into court Wednesday morning hoping a legal
technicality would clear him of any criminal wrongdoing for opening
fire on Winnipeg police officers executing a search warrant at his
home.

Instead, the 23-year-old left in handcuffs and tears, facing the
prospect of a lengthy prison sentence after his controversial bid was
rejected by a judge.

"I am satisfied that, based on the facts and circumstances of this
case, it will not offend society's sense of justice by me not granting
a stay of proceedings. To the contrary, I expect society's sense of
justice would be more concerned if a stay of proceedings was ordered
in this case," Queen's Bench Justice Doug Abra said in his decision.

Anderson was found guilty last year of attempting to kill Const.
Donald Murray and discharging a firearm with intent to injure Const.
Curtis Penner. He was seeking to have the high-profile case thrown out
of court on the grounds police used excessive force while taking him
into custody following the December 2006 shooting on Jubilee Avenue.
He also claims police failed to get him prompt medical treatment for
his own gunshot wounds.

Abra heard arguments and viewed photographs of Anderson's injuries
during submissions last month before reserving his verdict. Anderson
has complained that police repeatedly beat him and put a gun to his
head, threatening to kill him while his hands were cuffed behind his
back. Several officers admitted at trial they repeatedly punched
Anderson in the head, but claimed he wasn't complying with their
demands. Defence lawyers suggested that's because Anderson had a
"gaping hole" in his arm that they ignored and refused to treat.

"In my view, the injuries depicted in the photographs of the accused's
face do not support a finding that he was badly beaten by members of
the Winnipeg Police Service. To the contrary, I have concluded that
the injuries... are more consistent with having resulted from the
attempts of the members of WPS to subdue the accused, which is what
they all testified they were doing," Abra said Wednesday.

Winnipeg police Chief Keith McCaskill attended the court hearing and
applauded Abra's ruling that officers acted appropriately.

"This shows to our members that the system can work," McCaskill told
reporters outside court.

Winnipeg Police Association president Mike Sutherland was glad the
Crown's request to have Anderson taken into custody was granted.
Anderson had been free on bail for the past two years and his lawyers
claimed he should be allowed to remain in the community until his
sentencing hearing, which likely won't be until later this summer.

Anderson now faces a mandatory minimum four-year prison term and Crown
attorney Brian Bell told court prosecutors will seek a "substantial"
sentence. Abra said that makes Anderson a potential "flight risk."

Sutherland said he hopes Anderson receives in the range of 20 years
for his actions. He called the abuse motion a "Hail Mary" with no
legal grounds.

"In terms of taking dangerous criminals into custody, sometimes you
just can't do that with kid gloves," he said.

Anderson had claimed he was acting in self-defence when he opened fire
on officers who were executing the search warrant for drugs inside his
home. He mistakenly believed armed intruders were coming after him, he
said, and he was stunned to later learn the victims were police
officers. Several police officers involved in the raid testified they
repeatedly identified themselves upon entering the home, but Anderson
told court he never heard the warnings because of a movie playing and
a shotgun blast.