By Taylor MacPherson

Guns belonged to friend who left the scene: Accused

Oct 29, 2016 | 8:29 AM

What it means to “possess” a firearm was the focus of a provincial court trial this morning in Prince Albert.

Daniel Tracey Merasty, 19, faces numerous firearms charges after Prince Albert police located two heavily-modified shotguns and ammunition in his basement on Aug. 16.

One of the shotguns was engraved with ‘TS for life,’ indicating affiliation with the Terror Squad gang, according to Crown prosecutor Keith Amyotte. Also seized from Merasty’s residence was a large sword.

Crown called the five Prince Albert police officers involved in Merasty’s arrest to testify. According to their evidence, police initially attended Merasty’s residence after receiving a tip from social services that firearms were present in the same home as the accused’s two young children.

Upon their arrival, the officers testified, Merasty informed them the children were with their mother at another location nearby and gave them her address. The officers said an associate of Merasty came up from the basement after they arrived. Court heard they asked the man to leave the house as they began their search.

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When the officers discovered the firearms concealed in the basement and informed Merasty he was under arrest, Crown said he dove through a small window and fled. Police dog Daxa was called in and quickly located Merasty hiding on a nearby roof.

Wearing leg-irons in the witness stand, Merasty testified in his own defence. He said his friend arrived at his home shortly before the police. Merasty testified his friend said he had non-functional guns in his backpack, which he took downstairs, but Merasty assumed he was joking.

According to Merasty, he never saw the guns personally.

Merasty took full responsibility for possessing the sword and for running from police. He explained he fled because he “would have done anything” to attend his son’s birthday party the next day.

In her closing statement, defence lawyer Estelle Hjertaas argued possession of a firearm requires both knowledge and control, neither of which was present in Merasty’s case. She noted no evidence was introduced to contradict Merasty’s story and raised concerns that his associate was not charged or investigated after the fact. The associate, she pointed out, was the last person alone in the room where the weapons were found.

Hjertaas questioned why the police conducted the search at all when Merasty had given them verifiable information which would have allowed the officers to confirm the children were safe.

The Crown said Merasty’s testimony was not credible, as he could have tailored his testimony to fit the evidence given by the arresting officers. Amyotte said Merasty’s decision to run indicated guilt, and was “hardly the reaction one would expect” from an innocent man.

Judge Earl Kalenith said he would take some time to consider the facts, and reserved his decision until Nov. 14.

Taylor.macpherson@jpbg.ca

@TMacPhersonNews