Fake gun was serious crime

A Penticton man who held up a woman with what appeared to be a real gun and is also guilty of other criminal charges will spend nearly five months more in prison.

Anthony Randolph Muskego, 35, appeared in Penticton Provincial Court Wednesday to learn his sentence for a slew of charges, including regarding an incident in March 2023 that saw him wielding a non-operational firearm.

Muskego had pointed what appeared to be a gun at a woman who was attempting to retrieve an allegedly stolen bicycle.

Court heart that while the gun was a non-operational 3D-printed model Muskego was carrying, it was interpreted as real by the person he threatened.

The woman had approached a group of people, described as unhoused, who she believed had her bike.

According to Judge Shannon Keyes' description of the events, the woman took the bike back and put it in her vehicle, then returned to point her phone's camera at the individuals at the scene "who she believed were thieves," including Muskego.

Muskego then pulled out the non-functional firearm.

"It wasn’t a firearm under the criminal code,” Judge Keyes said.

“However, had it been operable, it would have been a prohibited firearm … It looked like a gun, Mr. Muskego intended it to be intimidating … it was that item that he used to point at [the victim]."

She added that her sentencing needed to deter other such actions.

“This wan’t a toy. This wasn’t something that was made out of styrofoam,” Keyes said, referring to the fake gun.

“This is the sort of gun, the 3D printed gun, that are of very grave concern to public safety …. I accept that this particular gun did not have all the parts [to operate as a working firearm]. It was still used to threaten someone. It certainly looked like a firearm.”

Muskego also acknowledged his involvement in a break-and-enter situation at 198 Green Mountain Road, an industrial company.

Police received a complaint of a break-and-enter in progress. The building had surveillance cameras, and the owner called police.

Cops found two people walking away matching the description provided, one of whom was Muskego, dragging a dolly with items from the business.

Given the charges and guilty pleas, as well as time already served behind bars for the crimes, Muskego will spend 145 more days incarcerated.

That will be followed by two years of probation with a host of standard conditions.

Judge Keyes noted Muskego's personal work on sobriety and self-improvement while in prison, and urged him to keep up the good progress.

“I know you’ve come along way inside,” Keyes said.

“I’m glad to see the progress you have made. I hope that you keep building on that and maybe this will be the last time [you are before the courts]."

“Oh god, I hope so. I really do," Muskego said.

"I’m getting old."