corey bourque

Corey Bourque of Saint John says an altercation at his home ended with a gun being fired through his window. (CBC)

A Saint John man whose home was shot up with a rifle says the man who did it received a slap on the wrist by the courts.

Corey Bourque says his roommate's former boyfriend fired a .22 rifle through his window in the early hours of March 18.

Daniel Tobias first came to their door to speak to his ex-girlfriend, said Bourque, and the two men got into a confrontation.

"The police showed up, they left. He came back, I didn't hear a thing, all I heard was this loud crack and my window somewhat exploding," he said.

"I heard a crack [and] I saw some glass fly a little bit everywhere."

Bourque said he had no idea a gun was fired until police returned and discovered a bullet hole in his kitchen.

Tobias was arrested and charged with illegal use of a firearm, damage to a window under $5,000 and operating a motor vehicle while impaired.

He was given a conditional sentence of house arrest for one year, several fines and is prohibited from using a firearm for 10 years.

But Bourque said he doesn't think the penalty is severe enough.

"An offence with a weapon? No, not even close. He should be in jail," he said.

"A year of jail? Sure, why not. He should be in jail, not house arrest — that's a slap on the wrist."

David Lutz, the lawyer representing Tobias, says justice was served in this case.

Lutz says his client already spent two weeks in jail while awaiting trial and a stiffer penalty wouldn't benefit anyone for what he calls "a stupid mistake."

"We've outlawed the lash, we don't put people in stocks in King's Square anymore. The man had never been in jail before in his life," Lutz said.

"If there's any purpose of going to jail, besides preventing people from being in society, is to learn a lesson." 

But Bourque says there's been little done to deter Tobias from acting out again.

And he says he doesn't feel safe in his home anymore.