Man who shot 2 officers loses bid to get conviction overturned

A Winnipeg judge on Wednesday dismissed a request by Daniell Ian Anderson to have his attempted murder conviction overturned.

A Winnipeg judge on Wednesday dismissed a request by Daniell Ian Anderson to have his attempted murder conviction overturned.

Anderson, 23, who shot two city police officers during a drug bust in December 2006, had argued that police used excessive force during the arrest and violated his fundamental rights.

Justice Doug Abra said he wasn't satisfied the police had in fact violated Anderson's rights. Abra ordered Anderson's bail revoked, saying the public's confidence in the justice system would be tarnished if he were allowed to stay free.

Anderson was then led out of court in the custody of sheriff's officers. He is facing a minimum of four years in prison for the attempted murder conviction. Sentencing will take place later this summer.

Arguments and photographs of Anderson's alleged injuries were presented to Abra during submissions in the case last month.

Drug raid erupted in gunfire

Anderson's complaints against the police stemmed from an incident on Dec. 7, 2006, when 12 members of the police street crimes unit were executing a search warrant at a home owned by Anderson's parents on Jubilee Avenue.

Anderson barricaded himself in a bathroom in the home during the raid. Two officers were struck by shots from his gun, while a third officer was hit with a ricocheted bullet fired by another officer.

Anderson was convicted last year of attempting to kill Const. Donald Murray and discharging a firearm with intent to injure Const. Curtis Penner. He was found not guilty of trying to kill Penner.

Murray was shot in the abdomen after Anderson fired a shotgun through a bathroom door during the raid. Penner was shot in the hand.

Two officers have since returned to the job but Murray is unlikely to ever resume duties due to his injuries.

Anderson had been on a strict curfew following his conviction, and was required to be inside his residence with the exception of four hours a week to visit his lawyer, go to church and attend medical appointments.

During his original trial, Anderson argued he was acting in self-defence when he opened fire on officers. He said he didn't know the men were police officers because a movie playing over a surround sound system and a noisy bathroom fan blocked the call of officers identifying themselves as they rushed in.

Anderson claimed he mistakenly believed armed intruders were coming after him.

Marijuana scattered throughout home

During the raid, police found just under two kilograms of marijuana scattered through the home, including in a closet in Anderson's parents' bedroom, in the basement, and under a bed in the room Anderson shared with his girlfriend.

Anderson pleaded guilty in May to a single charge of drug trafficking. Two other charges, for possession of drugs and proceeds of crime, were stayed. He was later sentenced to the 153 days he had already served in custody.

His mother and father and his girlfriend had been charged with drug-related offences, but those charges were dropped in early June after Anderson, who had no police record before the December incident, took sole responsibility for the drugs in the home.