Drive-by driver receives eight month sentence, but won’t be serving any further time in custody

The drive-by shooting happened in October, 2019. A man standing outside his west flat residence, was shot in the back. There were four people in the passing Black Ford Focus, and according to the statement of facts read in court by Crown Prosecutor Mary Ann Larson, witnesses reported having seen the shot coming from the back seat. Larson also explained Elderkin did provide a warrant statement where she admitted to knowing that a passenger in the back seat did have a gun.

“It was concealed in his jacket but there was no evidence to suggest Miss Elderkin knew he was going to use the gun for any reason but knew this gun was in the car,” Larson said.

The Ford Focus was pursued by police through the city and then onto Highway 11 towards Saskatoon.

“[Brittany Elderkin] was driving on the highway at speeds of around 180 to 200 km/hr. On several occasions the vehicle went to drive through the approach and would drive southbound in the northbound lane of traffic,” Larson said.

With the use of speed sticks, police were able to bring the vehicle to a stop near Duck Lake. Because there was knowledge of possible weapons inside the vehicle, canine officer Feebee was released and helped assist with the arrest of Elderkin, biting her once. The other two passengers were also arrested and there were no guns found.

The second incident occurred in Saskatoon on July 17, 2020, while Elderkin was out on a release order. Police conducted a traffic stop and found a sawed off rifle inside the Jeep Grand Cherokee. Elderkin, along with her sister Kelly and Jared Lundgren, were arrested. The vehicle had been reported stolen out of Prince Albert. On this matter only Brittany Elderkin entered guilty pleas, and a stay of proceedings were issued by the crown on the two co-accused.

The defence and the decision

Elderkin’s lawyer Gregory Curtis, explained she plans to complete her education degree and has severed ties with the people she once associated with. With respect to her behaviour around the time of the incidents, Curtis said Elderkin turned to drugs (crystal meth) and alcohol as a means of coping with the loss of her best friend.

“That led to an association with various criminal element,” he said.

“I hope this has been a wake up call for you,” Judge Felicia Daunt said to Elderkin, acknowledging her education. “I’d hate to see you throw it all away.”

The sentence represented a joint-submission by the lawyers, and was one to which Daunt ultimately agreed to.

“It may not be the sentence I would have given but I can’t find that it would bring the administration of justice into disrepute given the offences she has pled guilty to,” Daunt said.

In addition to the custodial sentence, Elderkin will also be on probation for a year, is prohibited from owning or possessing a gun for 10 years, and is prohibited from driving for six months. The crown acknowledged the driving restriction was on the low end for orders but explained Elderkin needed a vehicle to go to school.

The man who allegedly pulled the trigger during the drive-by shooting incident, Jordan Stewart, received a 180 day jail sentence after pleading guilty last June to a charge of knowing there was a firearm in the vehicle. Larson told paNOW there was no evidence to prove who fired the shot, and no witnesses came forward.

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nigel.maxwell@jpbg.ca

On Twitter: @nigelmaxwell

by Nigel Maxwell

Drive-by driver receives eight month sentence, but won’t be serving any further time in custody

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