Manitoba

Winnipeg man found with illegal firearms diagnosed with autism, was collecting to manage anxiety, court hears

A man diagnosed with autism who was found with dozens of prohibited firearms in his home was given a conditional sentence, after medical professionals found he was collecting the guns out of "compulsive" interest to manage his anxiety, rather than with any criminal intent.

Judge gives man conditional sentence, says he's at low risk to reoffend

Guns are laid out on a table.
Winnipeg police found these and other guns and ammunition in Andrew Krywonizka's Windsor Park home in 2019. (Patrick Foucault/CBC)

A Manitoba judge has given a man who was found with dozens of prohibited firearms in his home a conditional sentence, after medical professionals diagnosed the man with autism spectrum disorder and found he was collecting the guns out of "compulsive" interest to manage his anxiety, rather than with any criminal intent. 

"Sometimes good people do bad things," provincial court Judge Mary Kate Harvie wrote in her Oct. 14 sentencing decision for Andrew Krywonizka.

"Sometimes a person who is an otherwise honest, kind, pro-social, law abiding citizen engages in conduct which results in criminal charges."

Krywonizka, 43, pleaded guilty to six weapons charged in February 2021. 

He was arrested and charged in October 2019, after Winnipeg police searched his Windsor Park home and seized more than 70 firearms, prohibited suppressors and thousands of rounds of ammunition, according to a police news release. 

Police executed the search warrant after Canadian border agents seized a suppressor — also known as a silencer, used to muffle the sound of gunshots — in July and notified police in Winnipeg. 

Crown counsel had argued Krywonizka should serve six years in prison, saying the number of weapons seized, their prohibited or restricted nature and the fact that some firearms were found loaded warranted serious denunciation. 

However, Harvie sentenced Krywonizka to two years less a day to be served in the community.

The sentence takes into account Krywonizka's diagnosis after he was arrested, his lack of criminal record and multiple letters of support describing him as a kind, hard-working, passionate and supportive individual, Harvie wrote.

Diagnosed after arrest

Medical reports from two doctors submitted to the court confirmed that Krywonizka was diagnosed with autism spectrum disorder after his arrest. 

The reports describe Krywonizka as someone who found it difficult to form relationships and who often struggled academically, "despite having a number of noteworthy and positive achievements," the decision reads. 

The doctors found that his challenges related to his autism spectrum disorder led him to turn inward, and he gained a sense of comfort from his various collections, which also included model trains, rare books and Lego. 

One of the doctors wrote that Krywonizka was collecting these items "in a compulsive fashion and does so to manage anxiety," court heard. 

The doctor noted that Krywonizka expressed remorse and guilt about his offences, and said going forward he would focus on his other interests.

Court also heard that Krywonizka has worked as a pyrotechnician since 1996, creating many fireworks displays for Archangel Fireworks and also assisting in displays for local concerts. 

Harvie said the sheer number of firearms, the improper storage of many of the items and the immediate availability of ammunition were all aggravating factors and required denunciation. 

Court also heard that two of the guns found in Krywonizka's residence were registered to his father, a retired Winnipeg police officer, which Harvie said was "disturbing." 

"I do recognize, however, the nature of the relationship between the two, including the fact that they lived next door to each other," Harvie wrote. 

Harvie said that given the numerous mitigating factors and that Krywonizka was a low risk to reoffend, a conditional sentence was appropriate and would not pose harm to the community.

Krywonizka is required to be under house arrest for the first eight months of the sentence, with some exceptions to attend medical appointments and personal business. 

He is also under a weapons ban for 10 years with the exception of explosives needed for his job as a pyrotechnician.

Corrections

  • We initially reported that that Andrew Krywonizka is under a lifetime weapons ban. In fact, he is under a 10-year weapons ban.
    Oct 21, 2021 11:18 AM EDT