An Angus man who fired shots from an air rifle near two men has been sentenced to 70 hours of unpaid work.
Aaron James Nicol (20), of The Den, Letham, admitted that on March 26 2011 at his home address he recklessly discharged a firearm, namely an air rifle, aiming the weapon, in the darkness, in the proximity of two men.
Depute fiscal Jill Drummond told Arbroath Sheriff Court that two shots were fired from the weapon.
She said: ”On the night in question the two witnesses were outside smoking when they noticed the accused arrive home at around 11pm on the other side of the road.
”At around 11.15pm they heard a noise that sounded like a pellet from an air gun hitting a shed nearby. They jumped back into the garden. They heard another shot being fired, but were unsure of its projection.”
She said police were called and Nicol was questioned after the other men said they suspected he was behind the incident, although they had not seen him with the gun.
”When interviewed by police Nicol admitted he had been shooting in his garden,” Ms Drummond continued.
”Officers took possession of the SMK SYSBG .22 air rifle as well as a box of pellets. I would ask for forfeiture of the weapon.”
Defence agent Sarah Russo said her client maintained he was not firing at the two men.
”He accepts he discharged the air rifle in his garden, but his position is that he was not aiming at anyone” she said. ”He does accept that discharging the air rifle in darkness was reckless and accepts the charge.”
Sheriff Peter Paterson said he would not confiscate the weapon after hearing Ms Russo’s explanation the gun belonged to Nicol’s father.