Yuxuan Peng
Ghost gun trafficker gets 7-year-sentence
Judge James Walsh admonished a prison superintendent for calling Scott Waterman the 'Gun Guy'
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Scott Waterman, 44, was taken into handcuffs Thursday morning after learning of his federal sentence.
A Torbay man who was arrested in Newfoundland and Labrador's first 3D-printed gun manufacturing operation was sentenced Thursday but not before the judge dressed down the top prison official for referring to Scott Waterman as "The Gun Guy" in an official court document.
Waterman, 44, was manufacturing handguns for sale before police raided his rented room in Flatrock in February 2022, dismantling the operation. 3D-printed firearms are also known as "ghost guns": weapons manufactured without serial numbers and other identifying markings that would allow them to be tracked.
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Judge James Walsh sentenced Waterman at provincial court in St. John's to seven years in prison, accepting a joint recommendation from the Crown and defence.
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With time-served and extra credit for time spent at the west coast correctional centre, Her Majesty's Penitentiary and the St. John's lockup, Waterman has just over six years left to his sentence. Federal inmates, however, serve just two-thirds of their sentence.
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At the time of Waterman's arrest, the Royal Newfoundland Constabulary said it had seized 85 guns, silencers, brass knuckles and an assortment of gun parts manufactured with a 3D printer.
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The Royal Newfoundland Constabulary held a news conference in February 2022 and showed off 3D printers, guns, and gun parts, seized as part of its investigation into Scott Waterman.
Waterman was originally charged with 140 firearms-related offences in connection to the seizure, including possession of firearms and the manufacturing and trafficking of weapons. However, he pleaded guilty to just seven — including manufacturing firearms — in exchange for avoiding a trial, which Walsh said would have been "lengthy and complex."
Given Waterman was renting a room in the Flatrock home where the items were seized, Walsh said there were potential evidentiary issues and the presumption of possession of all weapons was arguable.
Waterman has acknowledged he was selling the firearms.
Previous stun gun smuggling charges
Waterman has a criminal record dating back to 2001, including for criminal harassment and uttering death threats. The most serious was a conviction for smuggling tasers into the country from the U.S. Walsh noted Waterman was on two firearm prohibitions at the time of his 2022 arrest.
"The weapons created using the 3D printer do not have the serial number and are untraceable, they are created to avoid government regulation," Walsh said.
"The creation of weapons required significant planning, research and preparation in order to obtain the necessary equipment to manufacture the weapons."
The RNC told media that officers confiscated more than 85 firearms following a search.
A pre-sentence report said Waterman is a skilled labourer who has a supportive family. It noted he has significant trauma due, in part, to the death of one of his close friends who shot himself in front of Waterman.
Walsh took into account Waterman's guilty plea and his acknowledgement the guns were intended to be sold.
Superintendent's conduct 'inexcusable'
Walsh granted Waterman two-for-one credit for pre-trail custody recognizing harsh conditions at Her Majesty's Penitentiary and the St. John's Lockup. A situation, Walsh said, is not improving.
Waterman was eventually moved from HMP due to threats against him.
"Unique to Mr. Waterman is the additional psychological impact he's endured due to inappropriate conduct of some correctional officers who found humour watching his reaction to the loud noises of a slamming cell door," Walsh said."
He was experiencing PTSD and the insensitive and inappropriate conduct of these officers exacerbated his symptoms."
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Walsh said Waterman was mocked by inmates and guards by calling him the "Gun Guy," a nickname repeated by Dan Chafe, superintendent of prisons, on a bail review application that was submitted to the Supreme Court.
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Walsh called Chafe's comment "inexcusable."
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"It is inappropriate at the very least and highly disrespectful to the accused for the superintendent to file any document to the court referring to Mr. Waterman by anything other than his proper name.
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"The superintendent of prisons should know better."
The Department of Justice and Public Safety responded to the judge's comments in an email to CBC News late Thursday.
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"Incarcerated individuals should be treated with dignity and respect," wrote spokesperson Eric Humber.
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"The department changed its bail completion application process in 2022, to ensure this does not occur in the future."
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It is not immediately clear what the change is that would limit officials from calling accused by nicknames.