An Oliver man will have to wait to find out how much more time he will be spending in jail while the judge weighs the sentence he received on a different crime and submissions from members of the Osoyoos Indian Band.
Steven Marlo Gallagher, currently in jail for setting fire to an Oliver pharmacy, appeared in court via video on Dec. 11 for Crown and his defence to share their views on what his latest sentence should be.
Gallagher had previously been found guilty at trial on four charges from an April 2021 incident: one of possession of a firearm while under a firearm ban, careless use or storage of a firearm, occupying a vehicle with a firearm present and possessing a prohibited or restricted firearm.
A total of three firearms, two pistols and a rifle, were found in the vehicle with Gallagher at the time.
Crown is seeking five years in jail, while his defence is seeking a more restrained 30-month jail sentence. Both would be on top of the two years that Gallagher is serving for the arson case.
“It is a situation where, in Crown’s submission, an exemplary sentence ought to be imposed and it should be a lengthy period of incarceration,” the prosecution told the court.
Defence had asked for the judge to consider the arson and the current case before her together in totality, noting that they had taken place just a month apart in 2021.
READ MORE: ‘Vengeance’ crime gets Oliver arsonist 2 more years in jail
Osoyoos Indian Band Chief Clarence Louie was one of the members who spoke in support of Gallagher receiving a lesser sentence.
“We’ve told the governments and the courts across this country that giving our people maximum sentences does not work for our people,” said Louie. “It does not work for First Nations. I would encourage this court to give the lesser amount because keeping our people in jail is not rehabilitating them.”
Louie added that Gallagher has a support system of programs and services when he gets out, a home to return to, and people who will be there to help him.
“We want Steven back. He was raised like I was on both the Penticton Indian Reserve and the Osoyoos Indian Reserve, they’re only half-an-hour apart,” said Louie. “Families are close.”
A councillor for the Osoyoos Indian Band who has worked as a social worker with the band for years and Gallagher’s grandmother both spoke on his behalf, pointing to the leadership he provided and the work that he did in the community.
Gallagher also addressed the court, speaking to the work he had done since being incarcerated in 2022.
“I’ve been in jail around 1.5 years now and I’ve worked on myself. I’ve had time to reflect on my life then and where I want to be and I don’t want to be in jail,” Gallagher said. “I’ve struggled a lot from being away from my way of life. I’m trying to be on a healing path. I’m committed to put in the work to be a better person.”
The judge told the court that she would need time to come to a decision, and to weigh the case law and defence’s request for the sentence to be considered in totality with the arson conviction.
A date for when Gallagher will receive the decision has not yet been set.
Gallagher is also working through the courts on a case where he is accused of shooting a man on Canada Day in 2022.