Celina Horner's actions since she fired a pellet gun at a vehicle downtown three years ago caught her a big break when she appeared in a Sault Ste. Marie court last week.
A judge granted the 35-year-old mother of four a conditional discharge after hearing about the positive changes she has made in her life since the June 14, 2020 incident.
Horner, who had no prior criminal record, pleaded guilty to possession of a dangerous weapon and mischief at an earlier court appearance.
The charges stemmed from an incident that occurred on Bay Street near the Station Mall.
Surveillance footage and statements to the police indicated Horner was in the middle of the road throwing bottles, Ontario Court Justice Romuald Kwolek heard.
A man tried to stop her and an altercation ensued. As he was driving away she pulled out a BB gun and shot at the complainant's vehicle, hitting the side of it.
Prosecutor Adrianna Mucciarelli called for a suspended sentence with 18 months probation.
Horner should take anger management counselling and do 75 hours community service, she said, arguing a conditional discharge wouldn't be appropriate.
The Crown had a strong case and is proposing a sentence at the low end of the range, Mucciarelli said.
Horner has a positive pre-sentence report, but there is a need to deter her, she told Kwolek.
Defence lawyer Anthony Orazietti argued that a 12-to-18-month conditional discharge should be imposed.
His client admitted "she reacted in anger" and "lost control," he said. She also lost "her employment as a result of this incident."
Since then, she has relocated her family to Edmonton, and graduated in July with a 99-percent average from Robertson College, where she earned a diploma in the community support worker program.
Horner, who has been on her own since she was 16, also completed a hospitality course.
Her guilty pleas show remorse, Orazietti told Kwolek. "She made an error in judgment and was acting out of character."
He described Horner's actions as a one-off incident and a reaction to "quite a bit of provocation from the complainant."
The man threw bottles at her, she grabbed the BB gun and fired it.
Orazietti said his client will have a struggle finding employment if she has a criminal record. A conditional discharge means a person’s record won’t show a conviction, as long as certain conditions are met.
"This is not who I am. I am not that person," Horner told the judge, explaining she was insulted and assaulted during the incident, but "that's not an excuse."
Apologizing for her actions, she said she wants to work with the homeless and people with addictions, and a criminal record will prevent her from doing that.
Horner said her "heart was shattered" when she lost her job in the Sault.
"I made a stupid judgment call and here I am."
When he imposed sentence, Kwolek told her firing a BB gun in a public place put others in danger.
Horner's guilty pleas, even though they came the day before trial, are a sign of remorse and are mitigating, he said.
He noted Horner has consistently worked in the past and called her recent 99-percent average "pretty impressive."
She has no record, has been and wants to continue to be a producing member of society.
Kwolek said he also recognizes there has been a collateral consequence: Horner's job loss in the Sault.
He agreed to a conditional charge, but with two years probation.
During that time, Horner is to have no contact with the complainant.
But Kwolek made an exception if Horner wants to offer a letter of apology, through her probation officer, to the man.
She must also take anger management counselling and complete 75 hours of community service within 18 months. As well, she is not to possess any weapons.
Kwolek also imposed a $200 victim surcharge, which Horner has three years to pay.