A MAN is to be sentenced by a judge for the illegal possession of two guns and ammunition following an incident at his elderly parents’ south Cumbria home.
Police had appealed for the public’s help to trace Brian Capstick after officers were contacted at 11-20pm on December 13, urging anyone who saw him not to approach, and to instead dial 999.
A firearm was said to have been discharged at a property in the Bootle area although a police spokesman confirmed: “No one was injured during the incident.”
Capstick, 49, was arrested the following afternoon in the South Lakes area and taken into custody.
He later appeared at Carlisle Crown Court, where he admitted two offences of having a firearm and ammunition in a public place. The two prohibited weapons in question are an Enfield No 2 MK1 pattern .38 inch revolver, and a Noris Twi-Nine double barrelled Derringer pistol. Ammunition suitable for use in each weapon was also recovered and forms part of the offence.
When he appeared at the crown court today (WED), Capstick, of Newfield House, Ecclefechan, Dumfries and Galloway, learned that the prosecution had taken a decision not to proceed with a third charge, which he had previously denied. This had alleged that Capstick, on December 13, had in his possession a firearm with intent to cause his parents, James and Susan Capstick, “to believe that violence would be used against them”.
In light of no evidence being offered by the prosecutor, Judge Nicholas Barker formally entered a verdict of not guilty on that charge.
Capstick is to be sentenced on the two firearm and ammunition possession crimes, which carry a minimum five-year jail term.
It has been recommended, however, that Capstick be made the subject of a hospital order in order that he receive treatment for two conditions from which he suffers.
Judge Barker adjourned the case to seek clarification on two issues. One concerns whether a hospital order can legally be given by an English court for English offences to a defendant living in Scotland; the second is whether a bed in a medium secure psychiatric unit is available for Capstick.
Capstick was remanded in custody by the judge until June 17, when the case could be concluded if all outstanding issues are clarified.