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Man sentenced for shooting that injured sheriff at Alberta courthouse

A prisoner who shot and wounded a sheriff at an Alberta courthouse in a violent bid for freedom has been sentenced to 14 years behind bars.

EDMONTON — A prisoner who shot and wounded a sheriff at an Alberta courthouse in a violent bid for freedom has been sentenced to 14 years behind bars.

Crown and defence lawyers jointly recommended the term for 32-year-old Clayton Ness, who pleaded guilty to nine charges, including aggravated assault.

Justice June Ross ruled the sentence was appropriate given that Ness used a restricted weapon -- the sheriff's own handgun -- and shot off one of the man's fingers.

Provincial sheriffs are essential to the function of the courts, Ross said Friday.

"They absolutely deserve the protection of the courts when they are attacked while carrying out their duties."

An agreed statement of facts said the wounded sheriff, Allan Buttree, and his partner, John Griffiths, transported four prisoners to the courthouse in the town of Whitecourt, about 180 kilometres northwest of Edmonton, on Feb. 26, 2013.

Along the way, the sheriffs realized they had forgotten keys to the courthouse holding cells, but decided to continue as they were running late.

They shackled and handcuffed the prisoners and left them in unlocked cells. The handcuffs were later removed so the inmates could eat lunch.

Court heard that Ness, who had been arrested on drug charges, had a lengthy criminal record. Standing six-foot-six and weighing 279 pounds, he and another prisoner attacked the much smaller 71-year-old Griffiths as he was sitting at a desk in the holding area.

As the two prisoners fought to get the sheriff's gun, he yelled for help. Buttree, 44, had been sitting in court and bolted to the back room.

The officers wrestled with the prisoners and were beaten on their heads with one of their batons. The second inmate got Griffiths' gun and fired shots that went through a wall into a busy courtroom next door. About 20 people were inside and some fled in panic.

Ness next grabbed Buttree's gun and, as the officer reached to get it back, Ness pulled the trigger. The sheriff fell, bleeding and screaming in pain.

Court was told that one of the prisoners snatched the keys to the sheriffs' van and, while still shackled, they drove off.

A lawyer tried to follow in his own car but lost track of the vehicle.

A short time later, RCMP found the van stuck in snow in a farm yard not far from Whitecourt. A man was about to start his backhoe and pull out the van, when Mounties ordered the prisoners to surrender.

Court heard Ness turned himself in first and told officers he was sorry for what had happened.

Buttree said in a victim-impact statement that he has had four surgeries on his right hand and is still undergoing rehabilitation. He has been unable to return to duty.

He served for 21 years in the military before working for four years as a sheriff.

"It never occurred to me that I would end up coming home safe from conflict yet get shot and harmed in my own country," he said.

Griffiths, a Mountie for 25 years and a sheriff for 23, retired a few months after the shooting. "I had enough of dealing with people like you," he said to Ness in court.

The second prisoner charged in the case is to go to trial later this year.