Bail for man on gun charges

Photo / File

A Masterton man charged with using a large calibre gun against a police officer and threatening to do grievous bodily harm to him was remanded on bail in Masterton District Court yesterday, despite strong police objections.

Kevin Stephen Jones, 29, a shearer, sobbed as Judge Bill Hastings read out letters written by Jones' friends telling of his good character; references which, according to Judge Hastings, described a person very "different" from the person in the police summary of facts.

Prosecuting Sergeant Gary Wilson alleged Jones confronted an officer, who had been called to a property as a result of a family argument which had escalated, with his brother's .44 Magnum gun.

According to Mr Wilson, Jones told the officer "to get his dog out of the car because he was going to shoot that first and then he was going to shoot the officer". The incident took place on June 1.

Police allege the officer, unarmed, moved to get himself behind a vehicle and Jones moved to keep the officer in his sight; continuing to say him that he was going to shoot him.

"The officer was backing into a corner and had nowhere to go."

Jones eventually handed his firearm over to police, said Mr Wilson.

He said a .44 Magnum was a gun designed for causing "maximum effect" and was not for recreational use.

He said the only way to load bullets into the chamber of this type of gun was by a lever action and, after that, all that was required to shoot was to pull the trigger.

"This defendant worked the action to put the round into the chamber," Mr Wilson said.

He said in light of the charges Jones was facing, police checks on him, while on bail, would not be normal ones.

"Every single check would have to be done by armed police," he said.

Mr Wilson said officers checking on Jones would be subject to "undue risk".

He said bail conditions preventing him from drinking alcohol could not be enforced.

"With the stress he is under, he is to put everyone in his immediate environment under risk."

Defence lawyer Louise Elder said Jones had not appeared on charges like this before and that the incident would not have happened without the alcohol.

"The most important aspect to this is the use of alcohol. Without the use of alcohol this man doesn't behave like this," Ms Elder said.

She said Jones was supported by his partner and had strong financial commitments that needed to be maintained as long as possible.

Ms Elder said if the firearm had been fired it would not have fired a bullet.

"It was loaded but had the trigger been pulled, the way the Magnum was loaded, nothing would have been fired," she said.

Judge Hastings said Jones, if convicted, could face a maximum penalty of 14 years in prison for the charge of using a firearm against a law enforcement officer and a maximum penalty of seven years in prison for the charge of grievous bodily harm.

He said Jones had shown a "disregard" for law enforcement by using a firearm against police.

"The nature of the offence is, as you know, serious. You armed yourself with a loaded firearm and pointed it at the sole, unarmed attending officer.

"It would be every police officer's worst nightmare."

Judge Hastings said Jones had eight convictions between 2002 and 2010.

He said there was some dispute about whether there was live ammunition in the rifle.

Despite saying "I rarely ever see charges this serious", Judge Hastings granted Jones bail with a number of conditions, including a ban on alcohol, a strict curfew, a prohibition on firearms, a police search of the bail address, non-association with the threatened police officer and witnesses, and submitting to breath tests.

Jones' partner cried in the public gallery as bail was granted.

"I have really gone out on a limb for you this time; don't make me look bad by breaching bail," Judge Hastings said.

Jones was remanded on bail to reappear on June 24.

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