A 31-year-old man whose toy assault rifle stashed in a backpack caused Kamloops Mounties to treat it like the real thing has been given a 60-day sentence for drugs found by police.
David Byford pleaded guilty on Monday to two counts of possession of drugs for the crystal meth and cocaine found in his backpack.
Crown prosecutor Anthony Varesi said the incident started on Sept. 25 when a customer of the McDonald’s Restaurant in Aberdeen called 911 to report a man had an assault rifle stashed in his backpack. Police converged on the restaurant following a number of reports, including one that Byford was acting nervously.
DAVID JOSEPH BYFORD
Varesi said Byford attempted to escape by riding away on his bicycle, but was arrested a short time later in the parking lot of a nearby motel.
“It was a toy plastic gun made to look like an AK47 [assault rifle],” Varesi said.
The drugs had a street value of about $120.
Byford has 33 adult convictions, including for trafficking when he received 10 months in jail.
Defence lawyer Jay Michi said Byford has been homeless for a number of years, “living on the street or in makeshift shelters on the river.”
Michi said Byford has been diagnosed with ADHD and post-traumatic stress disorder and has substance-abuse issues.
Byford also pleaded guilty to breach of a probation order in connection to an incident in June, when he failed to report as part of his sentence for assaulting a police officer. He was sentenced to another 60 days for that breach.
With time served on the drug offence, Byford was sentenced to a total of 93 days jail.
