A Lake of Bays man was in Bracebridge court recently in relation to a frightening incident that occurred last year.
Kyal Smith, 48, pled guilty to carelessly using a 12 gauge shotgun.
Court heard that on the afternoon of June 19, 2023, police were called to Highway 117 in Lake of Bays Township regarding a disturbance. Court heard that a man who the caller believed was either impaired or suffering from a mental health crisis, was causing the disturbance.
Court heard Smith, who was carrying a shotgun, approached the man causing the disturbance and the two had some type of interaction. Video evidence depicted Smith following the man before a gunshot was heard and the sound of an empty shotgun shell could be heard hitting the ground.
“This accused was acting as a bit of a vigilante…and fired a warning shot,” said Crown Lyndsay Jeanes.
The police arrived and ordered Smth to put down his weapon, which he did, court heard.
Jeanes said there were women and children present at the scene when Smith fired the shot into the air and it’s lucky no one was hurt or killed.
She said the two men did not know each other prior to the incident.
Defense lawyer Jason Herbert said Smith has no criminal record and was acting as more of a public assistant than a vigilante. Herbert said the man causing the disturbance was walking his pickup truck down the road and seemed quite “out of it”. Herbert said the man approached Smith’s residence and aggressively confronted him.
Herbert said the man causing the disturbance was suffering from the effects of PTSD, it was later determined. He said Smith and the man have spoken since the incident and the man expressed his gratitude to Smith for the way he handled the situation.
Smith was sentenced to 90 days under house arrest, a five-year weapon ban and 12 months probation.
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