07/15/2015 03:10 EDT | Updated 07/15/2016 05:59 EDT

B.C. judge says he gets man's frustration but threat still nets firearms ban

KAMLOOPS, B.C. - A Kamloops, B.C., man who threatened to drive his truck through the front doors of a hospital with a shotgun has been issued a one-year firearms ban.

Marshal Duliba, 77, alleged his wife suffered brain damage after she was misdiagnosed at Royal Inland Hospital and that he merely stated his intentions as a question, not a threat.

Duliba was not charged with a crime, but a provincial court judge ordered a firearms ban Tuesday.

Court heard Duliba called Service BC on Dec. 10 and told an employee what he intended to do.

“He said he would drive his vehicle through the front doors of the hospital to get the attention of Interior Health,” RCMP Const. Charlene Gladue testified.

“He said Interior Health had made an error in his wife’s diagnosis and her medication, which resulted in a worse illness. He wanted to get an answer and he wanted to get some attention to this matter.”

Gladue said that within minutes, police set up a perimeter around the hospital and surrounded Duliba’s house.

He and his wife were home, and investigators seized a double-barrel shotgun, two boxes of ammunition and a pellet gun.

Duliba said his wife went to hospital in May 2012 with a skin infection on her foot.

“Three days later, they gave her medication that made her stop breathing. She just about died. They put her in ICU for three weeks, then 11 and a half months in the hospital, eight months in Ponderosa (Lodge)," he said of a long-term care facility

“Finally, I had to install a wheelchair lift so she could come home to the house. I had to hire a care worker.”

Duliba said he was fuming when he spoke to a Service BC worker.

“Was it a threat or was it a question? I asked about driving my truck into the hospital. Would they notice if I did that? It was a question, but everyone takes it as a threat," he said.

“You wonder why I got frustrated? Maybe a person says things they don’t really mean."

Duliba wanted his shotgun returned, saying it is worth $1,000 and he wants to sell it to help pay for his wife’s care bills.

He still owes $8,000 to the long-term care facility but said he won't pay it.

The Crown was seeking a firearms ban of three to five years.

Provincial court Judge Chris Cleaveley was sympathetic to Duliba’s circumstances, but said a one-year ban was still necessary.

“I can understand why you said that, based on what I heard today, and I can understand your being frustrated and angry,” Cleaveley said.

“Your anger and your frustration got the best of you.” (Kamloops This Week)