Jail for BB gun shooter (From The Wiltshire Gazette and Herald)

Jail for BB gun shooter

1:44pm Monday 10th September 2007 in Swindon By Gazette Reporter

A 20-year-old who shot his father's lodger on his doorstep in an unprovoked attack has been jailed for 15 months.

Michael Harris pumped at least three pellets into Craig Gavin with his ball bearing gun following a row about his parents splitting up.

Marion Langford, prosecuting, told Swindon Crown Court that Nigel Harris and his wife Debbie were estranged when the offence took place.

She said Mr Gavin was renting a room at Harris' dad's house at the time of the offence in October last year and the defendant was living with his mother.

At about 7pm on October 18 she said there was a dispute at a local chip shop in Greenmeadow where words were exchanged.

Nearly two hours later Mr Gavin answered a knock at the door shortly before 9pm to be confronted with Mrs Harris and her son.

As Mrs Harris started to scream at him and flail her arms about the victim took hold of her wrist to try and calm her.

While he was holding her Harris lunged at him and landed a punch, but Mr Gavin hit him back, leaving him on the ground as he started to walk back inside.

"Craig Gavin started walking to the house. Michael Harris was about five metres from him," she said. "He couldn't hear what it was but heard four crack sounds, rapid fire, and felt pain in his right thigh, stomach and head.

"He had been hit by a ball bearing gun."

She said the weapon, which had been in Harris' back pocket, was then wrestled from him.

The gun was examined by an expert who said it was unlikely to cause mortal injury and would be unable to break the skin, but could cause a serious injury to an eye.

However the court heard, despite his report, that the pellet had punctured the skin, leaving Mr Gavin with a 1mm deep wound.

Harris, of Wagoner Close, Abbey Meads, pleaded guilty to a charge of actual bodily harm.

Robin Shellard, defending, said: "This was a sorry but serious incident arising as your honour knows through the breakdown of Mr Harris' parents' relationship."

He said his client felt badly about the way his mother had been treated and tried to stop her from confronting Mr Gavin.

After the physical confrontation between his mum and Mr Gavin he said he believed he was trying to protect her.

He said fortunately the gun had a very low velocity and the victim knew immediately what type of weapon it was.

As a result of the assault he said that Mr Gavin only suffered superficial injuries.

Jailing him Judge Charles Wade said: "In my view despite what had been said at the fish and chip shop this was a totally unprovoked attack on Mr Gavin both punching him and shooting him with this ball bearing gun."

He added: "Those who carry firearms of any kind, those who carry them and then use them in the course of an assault, can expect to go immediately to prison."