Thunder Bay – NEWS – On Saturday morning, Thunder Bay Police recovered a stolen vehicle, seized a firearm and arrested a male suspect Saturday morning.
Officers with the Uniform Patrol Branch were in the area of McLaughlin Street just after 9 am EDT on Saturday, May 1 when they observed a vehicle that had been reported as stolen.
The black pickup truck was parked on McLaughlin Street when officers spotted it. Police learned the accused male, who was inside the vehicle, was believed to be in possession of a firearm.
When officers approached the vehicle, the male initially reached into the back seat of the truck for unknown reasons. Despite this, officers were able to complete their arrest without further incident.
A search of the vehicle led to the seizure of a handgun. Police also learned the accused was in possession of a quantity of suspected cocaine.
The accused was transported to the TBPS headquarters at 1200 Balmoral Street.
Cody Joseph O’DWYER, 29, of Thunder Bay, is charged with:
• Possession of Property Obtained by Crime Over $5,000
• Carrying Concealed Weapon
• Unauthorized Possession of Prohibited or Restricted Weapon
• Possession of Firearm Knowledge its Possession is Unauthorized
• Unauthorized Possession of Prohibited or Restricted Weapon in a Motor Vehicle
• Possession of Imitation Weapon for Dangerous Purpose
• Unauthorized Possession of Firearm without a Licence
• Possession of Cocaine
He appeared in bail court on Saturday, May 2 and was remanded into custody with a future appearance date.
Criminal Code of Canada
Marginal note:Using firearm in commission of offence
85 (1) Every person commits an offence who uses a firearm, whether or not the person causes or means to cause bodily harm to any person as a result of using the firearm,
(a) while committing an indictable offence, other than an offence under section 220 (criminal negligence causing death), 236 (manslaughter), 239 (attempted murder), 244 (discharging firearm with intent), 244.2 (discharging firearm — recklessness), 272 (sexual assault with a weapon) or 273 (aggravated sexual assault), subsection 279(1) (kidnapping) or section 279.1 (hostage taking), 344 (robbery) or 346 (extortion);
(b) while attempting to commit an indictable offence; or
(c) during flight after committing or attempting to commit an indictable offence.
Marginal note:Using imitation firearm in commission of offence
(2) Every person commits an offence who uses an imitation firearm
(a) while committing an indictable offence,
(b) while attempting to commit an indictable offence, or
(c) during flight after committing or attempting to commit an indictable offence,
whether or not the person causes or means to cause bodily harm to any person as a result of using the imitation firearm.
(3) Every person who commits an offence under subsection (1) or (2) is guilty of an indictable offence and liable
(a) in the case of a first offence, except as provided in paragraph (b), to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of one year; and
(b) in the case of a second or subsequent offence, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of three years.
(c) [Repealed, 2008, c. 6, s. 3]
Marginal note:Sentences to be served consecutively
(4) A sentence imposed on a person for an offence under subsection (1) or (2) shall be served consecutively to any other punishment imposed on the person for an offence arising out of the same event or series of events and to any other sentence to which the person is subject at the time the sentence is imposed on the person for an offence under subsection (1) or (2).
R.S., 1985, c. C-46, s. 85 1995, c. 39, s. 139 2003, c. 8, s. 3 2008, c. 6, s. 3 2009, c. 22, s. 3