Corporal Samuel Bonilla testified that on April 4, just before 5 p.m., he received information of a construction worker on Antelope Street who reportedly had a weapon in his possession. He said that he responded, and spotted Richards who had a knapsack on his back. Bonilla confiscated the bag and searched it; inside, he discovered a .38 revolver which was loaded with 5 live rounds of ammunition. Richards was then charged with keeping an unlicensed firearm, and keeping unlicensed ammunition.

In his defence, Richards testified and denied that he had the knapsack on him. He says that Bonilla told him to get the bag from across the street, and when he refused Bonilla retrieved it himself. That's when he found out that a gun was inside.