A man who pleaded guilty to a shooting outside a Denny’s in Vernon faces two more years in jail, in addition to the two years he’s already credited to have spent in custody.
Tyson Darryl Cole, 32, was charged with reckless discharge of a weapon, concealing a firearm, disturbing the peace and brandishing a firearm in public.
On Friday at the Vernon Law Courts, Judge Mark Takahashi sentenced Cole to four years in jail, but was credited with two years served for the time he’s already served while in custody. Cole also received a lifetime ban on firearms.
Cole was originally charged with attempted murder among his other charges, but in Wednesday morning’s joint submission by Crown attorney Margaret Cissel and defence lawyer Troy Anderson, the charge was stayed.
The shooting took place on May 1, 2018, at approximately 2:30 a.m. outside of the 32nd Street Denny’s. The victim had been out with two friends drinking and was on cocaine. Cole was accompanied by a pair of women and was also intoxicated.
After a verbal confrontation took place between the Cole and the complainant outside the restaurant, Cole turned away from the scene and started walking down down the street — but the complainant followed him.
Cole then pulled out a handgun, began waving it in the air and fired two shots, one of which struck the complainant in the upper thigh.
The victim was taken to the Vernon emergency ward and was released from hospital three days later.
Cole’s arrest came on July 26 after two police officers spotted him at Kin Beach. Cole fled into the water and refused to turn himself in, forcing the officers to enter the water and force him out. One officer injured his wrist in the process of making the arrest and was off duty for several months as a result.
Cole had a prior criminal record for violence, albeit nothing nearing the significance of Friday’s sentencing, according to Cissel.
Anderson provided brief comments about Cole’s upbringing, detailing some of the “many disadvantages Cole had in life,” including his having run away from foster care at 15 and having “essentially raised himself on the streets.”
“His background was a road map to jail,” Anderson said.
Anderson said his client didn’t wish to minimize his responsibility in the shooting, but reminded the judge that Cole didn’t start the altercation and had attempted to walk away from the scene.