Gunman faces life in prison

Maitland 21, was yesterday found guilty of using a firearm to resist his arrest or lawful detention after a shoot-out with armed police at St Peter's Church, Brighton, last year.

A jury at Hove Crown Court convicted him on a majority of 10-2 after considering their verdict for nine hours.

Mailtand, of Seamill Park Crescent, Worthing, was found not guilty of a second charge of possessing a firearm with intent to resist arrest.

He had already pleaded guilty to a third count of possessing a firearm, a Walther CP88 gas-powered air pistol, on April 18, last year.

After returning its verdict the jury heard Maitland had a previous conviction for a firearms offence.

Michael Shay, prosecuting, said Maitland held up staff at The Sussex pub in Kingsway, Hove, with a knife, handcuffing them while wearing a black rubber gasmask.

When he was arrested 36 hours later a gas-powered pistol was found at his side as he slept on a sofa at a flat opposite the pub.

Maitland was jailed for a total of five years and two months for stealing almost £4,000 in takings and the firearms offence.

Mr Shay said legislation meant anyone found guilty of a second firearms offence faced a mandatory life sentence unless the judge ruled there were exceptional circumstances.

Hove Crown Court heard during a four-week trial that Maitland was on the run from prison and had told friends and police he would rather die than be caught.

The jury was told Maitland had decided to "commit suicide by cop" when he climbed scaffolding at St Peter's.

He was shot through the leg and buttock by a single bullet fired by police marksman PC Ian Potter.

Maitland said during cross-examination: "At the time I went to the church I was thinking I wanted to die in a police shoot-out."

He claimed by the time armed police arrived he had changed his mind and had decided to give himself up.

Maitland told the jury he had emptied the magazine from his Walther CP88 air pistol because he did not want anyone to get hurt.

He claimed he had fired the empty gun in the air twice in a bid to get police to back off and to give himself time to think.

Maitland insisted he was shot twice by the police, with the first bullet passing through his left calf.

He said a second bullet hit him in the buttock as he tried to get up from the scaffolding platform to surrender.

Judge Anthony Niblett told the jury there was no evidence to prove a second shot was fired by police that night.

Maitland went on the run from Guysmarsh prison in Dorset, where he was serving five years for holding up staff at The Sussex in November, 2000.

He was allowed out to attend the funeral of his stepsister Stella on March 25 last year but went on the run until he was shot and captured at St Peter's three weeks later.

His ex-fiance Karen Harris told the court she had ended their 18-month relationship before he went to prison because she preferred women to men.

While he was on the run, Maitland phoned police saying he wanted to get a message to her.

He also phoned former girlfriend Naomi Barrow and told her he could not be saved and wanted to die "with all guns blazing".

Maitland and Miss Harris stayed at a friend's flat in Brighton for the two nights before he was shot.

He stormed out after she taunted him about sleeping with another man while they were still engaged, the court heard.

Before he left, he phoned police to tell them he was wanted and would be at St Peter's armed with a powerful 9mm Browning automatic pistol and 175 rounds of amunition.

He told them they had better come "armed to the teeth" because he was not going to give himself up.

Taking his air pistol with him, Maitland climbed scaffolding at St Peter's and waited for the police to arrive.

PC Potter, a former Grenadier Guardsman, told the court Maitland pointed his gun directly at him and fired twice.

He said: "I was very frightened. I thought I was going to die."

The officer said he aimed at Maitland's upper body area and fired one shot from his Sig P226 9mm pistol.

He said Maitland dropped on to the scaffolding platform and seconds later began firing again.

PC Potter said he heard up to 20 shots but by then realised Maitland's pistol was an air gun because the pellets were not ricocheting.

He was certain he did not fire a second shot at the fugitive.

The court heard the air pistol was classified as a firearm with a range of 100 yards and was capable of causing fatal injury if a pellet hit a vulnerable part of the body.

Judge Niblett adjourned sentence for six weeks for psychiatric reports to be prepared.

He told Maitland: "At the time of this offence you were on the run from a sentence of five years and two months.

"That is an exceptionally long sentence for a young man of your age and it reflects the seriousness of the offence.

"In my judgement, and on the jury's verdict, the police had every reason to treat you as a danger to themselves and to the public. Their response was entirely appropriate."

Maitland's father Michael, who attended every day of the trial, did not want to comment on the verdict as he left court.

Detective Inspector Russ Bagley, who led the Sussex Police investigation into the incident, said he was pleased with the outcome.

He said: "This sends a clear message that gun-related crime will not be tolerated in Sussex.

"It is regrettable that Mr Maitland was shot. However, he is lucky to be alive.

"The officers involved put public safety and their own safety at the forefront of their minds throughout."

Maitland had stayed with friends in Bournemouth, Shoreham and Brighton while on the run.

After he was shot and captured he began to give the impression he was a changed man.

He was held on remand at Lewes prison while awaiting trial when he began studying courses. He also joined a programme aimed at deterring youngsters from committing crime.

His contribution so convinced one police officer he had changed that she wrote him an impressive reference, praising his "obvious sincerity and acceptance of his own culpability"

But it will now not be enough to keep Maitland out of prison.

And he has six weeks to reflect before finding out if he will spend a life behind bars.