Shooting suspect accidentally released from jail

Shooting suspect accidentally released from jail

WINNIPEG - Police waited 48 hours before letting the public know they were searching for a Winnipeg gang member who was accidentally released from Headingley Jail earlier this week while awaiting trial for a shooting.

And no such alert was ever given about a second inmate who was mistakenly freed on Tuesday, then recaptured two days later.

Brian Moran, 20, is wanted on a Canada-wide warrant after being given his walking papers on Wednesday afternoon. He is pending on a charge of discharging a firearm with intent stemming from a January 2008 attack that left a man seriously injured.

The Free Press learned about the incident Friday morning through justice sources who couldn’t understand why police hadn’t already notified the public. No alert was issued by police until 3 p.m. Friday following inquiries from a reporter – despite the fact Moran knows he is wanted but has apparently refused to turn himself in.

In the news release, police included a photo and described Moran as aboriginal in appearance, six feet four inches tall weighing about 270 pounds with black hair, brown eyes and several tattoos on his hands and neck. They described Moran as potentially violent and warned people not to approach him.

The mix-up began after Moran appeared at the downtown Winnipeg Law Courts Wednesday morning to plead guilty to previously breaching his bail conditions and was sentenced to time already spent in custody. Crown attorney Mike Desautels told provincial court Judge Marva Smith that Moran was still pending on the shooting charge and was to remain in custody.

Smith made sure to note that Moran’s bail had been revoked and there were no grounds for his release. However, something clearly got lost in translation and Headingley officials – noting his sentence of time already served in custody on the breaches – let him walk out of the provincial jail just hours later.

Efforts to locate Moran since then have failed.

Moran was initially charged with attempted murder for the shooting, in which an 18-year-old man was attacked while driving his car over the Chief Peguis Trail bridge. The victim's vehicle was chased, police said, and several shots were fired at it, hitting the victim in the upper body. The victim suffered serious but not life-threatening injuries.

Moran was released on bail in April 2009 with several conditions, including a curfew. He was re-arrested in May 2010 after violating his bail and had been in custody ever since. He went to a preliminary hearing later that month for the shooting and was ordered to stand trial on reduced charges of discharging a firearm with intent. No dates have been set.

Police and justice officials also confirmed Friday that a second Headingley inmate was mistakenly released on Tuesday, only to be re-captured on Thursday. A news release was never sent out about that case, either.

Trevor Ballantyne was being held at Headingley while pending on charges including sexual assault, assault and failing to comply with court orders. Justice officials say an "administrative or clerical error" was responsible for the mistake.

Ballantyne is now also charged with escaping lawful custody on the basis he didn’t willingly turn himself in despite knowing he wasn’t supposed to have been freed.

Violent prisoner wrongly released from jail
A prisoner was inadvertently released from Headingley Correctional Centre, just west of Winnipeg, and now police are trying to find him.
The Winnipeg Police Service is asking the public to keep an eye out for Brian Michael Moran, 20.
He is described as being about six feet four inches tall and about 270 pounds.
Moran has black hair, brown eyes and several tattoos on both hands and his neck.
"This male is known to be violent and should not be approached by the public," police warned in a news release.
Moran is awaiting a court date on a shooting charge but had been free on bail.
However, he was arrested this week for breaching those bail conditions and was in court Wednesday.
He was ordered behind bars but there was miscommunication when he arrived at Headingley and Moran was allowed to leave, according to Winnipeg police Staff Sgt. Gordon Gold.
It wasn't until later that afternoon that authorities realized the mistake.
The reason the public wasn't alerted until Friday was because the Winnipeg police and RCMP couldn't agree on who was responsible for issuing the news release, Gold said.
The charges against Moran fall into Winnipeg police jurisdiction, but Headingley jail is in RCMP jurisdiction.
Anyone who happens to see Moran is asked to contact Winnipeg police at 204-986-6222 or the local RCMP detachment.

Inmate accidentally set free
Police and justice officials waited 48 hours before letting the public know they were searching for a Winnipeg gang member who was accidentally released from Headingley Correctional Centre earlier this week while awaiting trial for a shooting.
And no such warning was ever given about a second inmate who was mistakenly freed, then quietly recaptured two days later.
Brian Moran, 20, is wanted on a Canada-wide warrant after being given his walking papers Wednesday afternoon.
He was being held on a charge of discharging a firearm with intent stemming from a January 2008 attack that left a man seriously injured.
The Free Press learned about the incident Friday morning through a justice source who couldn't understand why police hadn't already notified the public. An alert was finally issued by police at 3 p.m. Friday following inquiries from a reporter. In the release, police included a photo and described Moran as aboriginal in appearance, 6-4, weighing about 270 pounds with black hair, brown eyes and several tattoos on his hands and neck. They said Moran is potentially violent and warned people not to approach him if spotted.
The mix-up began after Moran appeared at the downtown Winnipeg Law Courts Wednesday morning to plead guilty to previously breaching his bail conditions and was sentenced to time already spent in custody. Crown attorney Mike Desautels told provincial court Judge Marva Smith Moran was still facing the shooting charge and was to remain in custody. Smith made sure to note Moran's bail had been revoked and there were no grounds for his release.
However, something clearly got lost in translation and Headingley officials -- noting his sentence of time already served in custody on the breaches -- let him walk out of the provincial jail just hours later. He hasn't been seen since.
Police and justice officials also confirmed Friday a second Headingley inmate was mistakenly released on Tuesday, only to be recaptured on Thursday. A news release was never sent out about that case.
Trevor Ballantyne is now charged with escaping lawful custody on the basis he didn't willingly turn himself in when he knew he wasn't supposed to have been freed. Ballantyne was being held at Headingley to face charges including sexual assault, assault and failing to comply with court orders.
"These were cases of human error and involved a complex set of multiple proceedings," Justice Department spokesman John Thorpe said Friday. "We have procedures such as double-check systems in place to protect against human error, but mistakes still occur on rare occasions. When they do happen, the error is considered a significant event and is given highest priority. The appropriate police agency is notified immediately after a release in error is identified."
The provincial Tories jumped on the incidents, saying they show the NDP government is failing the public. Justice critic Kelvin Goertzen released figures earlier this year showing 15 inmates had accidentally been released from provincial jails since 2007, including six already in 2010. This week's incidents bring that tally to 17.

Get out of jail free cards
Two inmates were accidentally released from the Headingley Correctional Centre in a two-day span this week.
One is back in custody, while the other was still on the lam Friday.
Police are still looking for 20-year-old Brian Moran, who was released in error Wednesday after returning to the Headingley jail following a court appearance.
“I don’t know whose fault it was,” said Crown prosecutor Mike Desautels. “They were under the impression he had bail.”
Winnipeg police asked for the public’s help Friday in nabbing Moran, who is described as aboriginal, about 6-foot-4, 270 pounds with tattoos on his hands and neck.
Moran is awaiting trial for his alleged role in a January 2008 shooting incident on the Chief Peguis Trail bridge that injured one person.
Desautels said the confusion might relate to the fact Moran pleaded guilty Wednesday to some breaches and was sentenced to time served, but was still supposed to be in custody on the shooting charge.
Meanwhile, a second man has been charged with escaping lawful custody after he was released from Headingley on Tuesday, also by mistake.
Trevor John Ballantyne, who has outstanding charges for assaults, a sexual assault and failures to comply with court conditions, was accidentally released Tuesday due to a clerical error but was taken back into custody Thursday.
A Crown prosecutor working on the case said Ballantyne reported to his probation officer while he was out of jail earlier this week.
The prosecutor said the escaping charge was laid against Ballantyne because he ought to have known he wasn’t supposed to walk free, especially given that he was scheduled to apply for bail Friday.
A spokesman for Manitoba Justice said both Ballantyne’s and Moran’s releases were due to human error.
At least six people have been released accidentally from Manitoba prisons so far this year.
Tory justice critic Kelvin Goertzen said that’s symptomatic of overcrowded facilities, adding each incident should be publicly disclosed, which is not currently the case.
Justice Minister Andrew Swan was unavailable for comment Friday.

We are humans and and are subject to errors. We all make mistakes at some point. There was a misunderstanding about this man's charges and mistakes happen. Clearly this case illustrates a misunderstanding. It was an accident that he was released. I am sure the police have a reason for not releasing the information about this man's mistaken release, although if he is a danger to society, I am not sure why they would not notify the public. Maybe police believed he did not pose a high risk to the public. Who knows, but I am sure they have an explanation for not releasing this information promptly.  

Brian Moran, 20, was accidentally released from Headingley Jail

Man gets 7 years for shooting

Man gets 7 years for shooting

A Winnipeg man has been sentenced to seven years in prison after pleading guilty to a daytime shooting that left two people injured.

Daniel Johnston, 26, admitted Monday to firing several shots from a .45-caliber pistol during a May 2009 noon-hour brawl outside a West Kildonan home.

Johnston and two friends had gone to the St. John’s Avenue home looking to settle a score with another man, court was told. One of his friends then got into a physical fight with the target of their anger, prompting Johnston to pull out the handgun, turn it sideways and begin shooting.

One of the bullets struck the intended target in the lower leg, while another hit Johnston’s friend in the same area.

Two other shots hit the ground and window of the home.

"The bullets were going everywhere," said Crown attorney Rustyn Ullrich.

Johnston fled the scene and discarded the weapon, which was never found by police. He was originally charged with attempted murder, but lawyers agreed Monday to a reduced plea to discharging a firearm with intent.

Ullrich said the victim of the shooting was not co-operative with police and justice officials and didn’t want to testify. Defence lawyer Saheel Zaman told court the man may have been armed with a knife during the initial fight, which could have allowed Johnston to plead self-defence.

Johnston has an extensive prior criminal record and was on probation and a weapons ban at the time of the shooting.

"He is well travelled in the criminal justice system and not entitled to any leniency," said Ullrich.

Johnston has spent the past 14 months in custody, which was given double-time credit of 28 months under the joint-recommendation from lawyers. He was then sentenced to another four years, eight months behind bars and put on a lifetime weapons prohibition.

I would like to know more about the defence lawyers' arguments and the mitigating factors surrounding the defendant, such as poverty, addictions, mental illness, peer influences, etc. This man could have acted in self defence. 

Parole eligibility set at 15 years for Cansanay

No parole for 15 years for Cansanay

The man who fired the shot that killed an innocent bystander caught in the crossfire of a gang turf war in Winnipeg's West End will spend 15 years behind bars before getting a shot at parole.

Court of Queen's Bench Justice Shawn Greenberg ruled Thursday morning on Jeff Cansanay's parole eligibility.

Greenberg said Cansanay has shown no interest in rehabilitation and that the public safety concerns presented by the case cried out for denunciation.

"Violence spilled onto the streets of the community, shattering the safety of the community," Greenberg said.

Cansanay, 24, was convicted of second-degree murder in late April for the death of teenager Phil Haiart in 2005.

Haiart was crossing the street near the corner of Sargent Avenue and Maryland Street when he was hit and killed by a single bullet meant for a gang member at war with Cansanay's own gang.

The Crown was seeking a 25-year period of prison without parole for Cansanay. In essence, it's the same sentence a person would receive for first-degree murder.

A second-degree murder conviction carries a mandatory life sentence, but usually an offender becomes eligible for release on parole after serving 10 years.

Possible appeal

Cansanay's lawyer, Greg Brodsky, previously argued that anything more than a decade in prison would be too harsh.

Family members in court shook their heads in apparent disbelief after hearing Greenberg's ruling on Thursday.

Brodsky said after the hearing that he would be speaking with Cansanay about a possible appeal.

Because he is a citizen of The Philippines who came to Canada as a boy, Cansanay faces immediate deportation when he's released from prison.

He is also currently battling a deportation order based on a prior drug conviction.

Victim shot while crossing street

Another person, Corey Spence, was with Cansanay at the time of the shooting.

Spence remains behind bars after he was also convicted of murder.

The Crown's case against Cansanay and Spence was built on the theory that mounting tensions between the African Mafia and Mad Cowz street gangs led to the shooting.

Mad Cowz members were furious that Cansanay and Spence — both associates of the African Mafia gang — were selling crack cocaine out of a house located squarely in Mad Cowz turf in the city's West End.

When Mad Cowz members Cory Amyotte and Gharib Abdullah went to confront Cansanay and Spence outside a home at 606 McGee Street — just metres from where the shooting happened — Cansanay and Spence emerged from the home, with Cansanay brandishing a rifle.

Haiart was crossing the street when he was hit once in the stomach by a stray bullet. He died in hospital hours later.

The teen's killing prompted outrage in the city, and led police to crack down on crime in the area.

Operation Clean Sweep, as it was known, became a full-time policing detail now called the street crime unit.

1st trial collapsed

Cansanay's first trial in 2007 fell apart after Amyotte and Abdullah refused to testify against him and the judge hearing the case refused to let jurors see the videotaped statements they made to police that implicated him.

Brodsky asked for, and won a directed verdict of not guilty and Cansanay walked out of court a free man.

Manitoba's Court of Appeal ordered a new trial after Manitoba Justice appealed, saying the judge's decision was incorrect.

But the case languished as Cansanay attempted to have the Supreme Court of Canada hear an appeal of the retrial decision.

Canada's highest court refused, and Cansanay was rearrested.

Cansanay parole eligibility raised to 15 years in shooting
A Manitoba judge has refused to hand down the maximum sentence to a Winnipeg gang member who killed an innocent bystander during a gunfight with a drug-dealing rival.

Jeffrey Cansanay was convicted last month of second-degree murder, which carries a mandatory life sentence with no parole eligibility for at least 10 years. But the Crown wanted Justice Shawn Greenberg to order Cansanay to spend at least 25 years behind bars -- the same punishment a person convicted of first-degree murder would face and the most severe sentence in the Criminal Code.

Greenberg said Thursday she would only raise parole eligibility to 15 years, despite the nature of the crime and Cansanay's lack of remorse and bleak chances at rehabiliation.

Cansanay, 24, will likely be deported back to his native Philippines immediately upon release from prison, court was told.

Cansanay was convicted for his role in the October 2005 killing of Phil Haiart. Haiart, 17, was walking in the West End when he was caught in the crossfire. Defence lawyer Greg Brodsky argued there was no reason to depart from the minimum parole eligibility because his client had no intention of killing Haiart.

Jurors were asked to make a parole recommendation following their verdict. One wanted time before parole raised to 25 years, one wanted it raised to 17 years, three wanted it raised to 15 years, four wanted to keep it at 10 years, and three jurors had no suggestion.

Cansanay previously went on trial in 2007 but was cleared by a judge who refused to allow videotaped police statements of two unco-operative key witnesses to be played in court. The Manitoba Court of Appeal later overturned the decision and ordered a new trial, saying the judge had erred.

The two intended targets in the shooting were Gharib Abdullah and Cory Amyotte, who gave video statements in which they blamed Cansanay and co-accused, Corey Spence. Their street gang, the Mad Cowz, had been waging war on Cansanay and his associates for selling drugs on their turf. Their statements were pivotal to the Crown's case because police never recovered the gun used to shoot Haiart.

However, Abdullah and Amyotte refused to testify at Cansanay's first trial. The Crown tried to have their videotaped statements shown to jurors, but a judge refused. With no other evidence, the Crown was forced to close its case.

At Spence's trial, the judge allowed the videotaped evidence. The 19-year-old was convicted and given life in prison with no chance of parole for seven years.

Abdullah and Amyotte were cited for contempt of court and received precedent-setting prison terms -- four years for Amyotte, three-and-a-half for Abdullah. Both men testified at Cansanay's second trial in March. Abdullah told jurors he saw Cansanay open fire on him and Amyotte. Amyotte said he was in hiding at the time and didn't see anything.

No parole for 15 years
A man convicted of second-degree murder in the drug world killing of innocent bystander Phil Haiart will have to serve 15 years in prison before he is eligible for release.
A jury convicted 24-year-old Jeffrey Cansanay of second-degree murder last month.
Justice Shawn Greenberg delivered her ruling this morning.
Second-degree murder carries a mandatory sentence of life in prison with no chance of parole for at least 10 years. Prosecutors argued Cansanay should serve the maximum period of 25 years before he is eligible for parole.
"The murder he committed was one of those harsh awakenings for the city of Winnipeg," Crown attorney Gerry Bowering said at a sentencing hearing last month.
Haiart, 17, was walking near a McGee Street crack house in October 2005 when he was caught in the line of fire of two warring gangs and suffered a fatal gunshot wound to the abdomen.
Jurors heard evidence Cansanay and a then 17-year-old co-accused, Corey Spence, were associates of the African Mafia, a splinter gang of the Mad Cowz, with whom they were engaged in a bitter turf war.
Jurors heard Spence had split from the Mad Cowz to sell drugs on his own. The Crown argued he ordered Cansanay to shoot at rival gangsters Corey Amyotte and Gharib Abdullah as they fled the area on bicycles.
Haiart and another man were caught in the line of fire.
Jurors found Cansanay guilty of three additional counts of discharging a firearm and not guilty of two counts of attempted murder. Defence lawyer Greg Brodsky argued the verdict showed jurors believed Cansanay lacked the intention to kill.
"(The jury) found there was a recklessness that amounted to second-degree murder ... This is an issue of recklessness, not deliberation," said Brodsky, who urged Greenberg not to increase Cansanay's period of parole ineligibility.
Brodsky had argued for an acquital for self-defence, which was rejected. The jury did acquit Cansanay of attempted murder.
Cansanay stood trial two times for killing Haiart. Cansanay was acquitted at his first trial in 2008. Justice Morris Kaufman ruled at the time videotaped statements given to Winnipeg police by Amyotte, Abdullah and another street gangster Jammal Jacob could not be admitted as evidence.
The gang members refused to testify in person and the Crown's case collapsed. Without their police statements, the Crown had no direct evidence linking Cansanay to the killing.
All three gangsters were later convicted of contempt of court and sentenced to jail terms. Amyotte and Abdullah both testified at Cansanay's second trial.
Spence was convicted of second-degree murder following a trial in 2007 and sentenced as an adult to life in prison.
Cansanay, a native of the Philippines, faces almost certain deportation upon the completion of his sentence.

Bystander's killer gets at least 15 years in prison
A convicted killer must spend at least 15 years in prison before he has a chance to be released on parole -- and into the waiting arms of border officials, who plan to immediately deport him from Canada.
Jeffrey Cansanay was convicted in April of second-degree murder for killing an innocent bystander with a stray bullet meant for a drug-dealing rival. He is a citizen of the Philippines and is expected to be given a one-way ticket home because of his violent criminal history. However, Canadian law requires that he finish serving his sentence before he can be kicked out of the country.
Cansanay, 24, faced a mandatory life sentence with no parole eligibility for at least 10 years. The Crown wanted that raised to 25 years, the same punishment a person convicted of first-degree murder would face and the most severe sentence in the Criminal Code. Cansanay's lawyer argued against the change.
Queen's Bench Justice Shawn Greenberg said Thursday she was upping the term to 15 years, citing Cansanay's lack of remorse, bleak prospects for rehabilitation and the nature of his crime. She noted there is no guarantee he will ever be released from prison.
Defence lawyer Greg Brodsky said they may consider appealing Greenberg's ruling, arguing there was no reason to depart from the minimum parole eligibility because his client had no intention to kill. Family and friends of the victim, Phil Haiart, expressed anger with the sentence.
"This man is a cold-blooded killer and convicted drug dealer. There is no justice for me or his family," Haiart's former girlfriend, Isora Van Dreser, said in an interview.
Haiart, 17, was walking through the West End in October 2005 when he was caught in the crossfire of a gang fight. The two intended targets in the shooting were Gharib Abdullah and Cory Amyotte, who gave video statements in which they blamed Cansanay and co-accused Corey Spence. Their street gang, the Mad Cowz, had been waging war on Cansanay and his associates for selling drugs on their turf. Their statements were pivotal to the Crown's case because police never recovered the gun used to shoot Haiart.
Cansanay previously went on trial in 2007 but was cleared by a judge who refused to allow videotaped police statements of Abdullah and Amyotte to be played in court after both men refused to testify. The Manitoba Court of Appeal later overturned the decision and ordered a new trial, saying the judge had erred.
Abdullah and Amyotte were cited for contempt of court and received precedent-setting prison terms -- four years for Amyotte, three-and-a-half for Abdullah for refusing to testify.
Both testified at Cansanay's second trial when it began earlier this spring. Abdullah told jurors he saw Cansanay open fire on him and Amyotte. Amyotte said he was in hiding at the time and didn't see anything.
At Spence's trial, the judge allowed the videotaped evidence. The 19-year-old was convicted of second-degree murder and given life in prison with no chance of parole for seven years.

I disagree with the parole eligibility. I believe it should have been the minimum of 10 years. I completely disagree with mandatory minimum sentences as they treat all offenders as equal, when they are not. They also leave judges with no discretion to consider all of the circumstances surrounding an offender and the crime. I would like to know more about the mitigating factors in this case and more of the defence arguments and info about Cansanay's background life. I feel sorry for him, actually. As a young immigrant in Winnipeg's west end, he was surrounded by negative role models, gangs and crime and was likely pressured into becoming a gang member, either to make money to support his family or to support an addiction. 

Cansanay was convicted of three counts of discharging a firearm and of second degree murder, by a jury, which makes no sense. They believe that he was reckless in discharging a firearm, but then say he has the intent required for second degree murder? Cansanay recklessly fired a gun and shots accidentally hit the innocent man and his friend, which were intended for two rival gang members. This was not an intentional killing and Cansanay should have been found guilty of manslaughter instead of second degree murder, along with the 3 counts of discharging a firearm.

I also disagree with deportation of Cansanay. He is a Canadian citizen and it shouldn't matter where he came from, he should be allowed to stay in Canada. That is a right.  

Cansanay convicted in Haiart killing

Gang war led to Winnipeg killing: Crown

Mandatory minimum sentences have no place in our justice system

Tied hands means real justice

The four-year prison sentence handed to Peguis First Nation man Jordan Flett is a classic example of why mandatory minimums work and why we must ensure they never disappear from our Canadian justice system.

It also demonstrates how much Canada’s judiciary is out to lunch with what Canadians want our justice system to be: Criminals who are guilty get punished and the sentence fits the crime.

At Flett’s sentencing hearing Thursday Judge Brent Stewart seemed stunningly apologetic because he was forced to follow the law and hand out a strict sentence. The offence of discharging a firearm with intent to cause bodily harm is one of those where a mandatory minimum must be handed down. Gee how awful. A judge having to be tough. What’s Canada coming to?

“In my opinion, this is a perfect example of why minimum sentences shouldn’t be forced on the court without some discretion. I unfortunately have my hands tied,” he said.

What a load of hogwash. The guilty man in this case brought a gun to a party and shot a man. Just what kind of message is to be sent if Judge Stewart got his way and used leniency?

We shudder to think what Flett might have been sentenced to if Stewart had the free hand he mentioned. Quite likely it would have been, “you brought a gun to party but you’re a good guy, don’t worry about it.”

That’s one of the big problems in our justice system — judges feeling sorry for criminals and giving them less time then the crime deserves. The “discretion” Judge Stewart talks about ends up being a way out for judges to be soft on criminals.

Court heard Flett, 20, had never been in trouble with the law but after drinking for several hours at a friend’s house party he became upset because an ex-girlfriend and her new boyfriend were there. Flett left the party saying he would be returning with a gun. Because he’d never been in trouble before, most of the partygoers didn’t take the threat seriously. All that changed when he returned with a rifle and fired off a round, hitting the victim — a boyhood friend — in the upper thigh.

Despite the fact the Crown attorney indicated Flett was “shocked” by what he did and actually tried to get others to help the man he’d shot, it still doesn’t excuse his violent actions.

Nor should anyone be influenced by Flett’s tearful mother who was present in the court room.

As much as the judge hates it, the sentence is appropriate. The man brought a gun to a house party with an intent to kill or injure someone.

It’s absolutely outrageous to think any judge would feel this is not serious enough for prison time.

Thank God for mandatory minimums.

This editorial is appalling and enrages me! Mandatory minimums (MMS) are so unfair and they should be abolished. They are unfair as they treat all crimes and offenders as equals by giving them the same sentence when in reality, they are all different. MMS leave judges with no discretion to consider the circumstances of the offender or the crime. Judges should be trusted in their sentencing decisions and should have discretion. MMS do nothing to prevent, deter or reduce crime, so if you are interested in creating safer communities, MMS do not accomplish that! Longer sentences have been proven to increase the chances of re-offending and decrease the likelihood of successful reintegration into the community, which does not translate to safer communities. If we are truly invested in reducing and preventing crime, we need to allow judges more discretion in deciding upon an appropriate and fair sentence.  

Escaping from a gang criminal lifestyle, proves to be a challenge

10 year sentence for gang member who shot defector

WINNIPEG - He tried to walk away from a Winnipeg street gang – and ended up paralyzed for life.

Full details of a June 2008 attack emerged publicly for the first time this week, painting a grim picture of the challenge facing those who want to escape a criminal lifestyle.

Justin Meeches, 32, pleaded guilty Monday to shooting the 36-year-old victim twice in the head and back as payback for turning his back on the Indian Posse. He was sentenced to 10-years in prison under a joint-recommendation from Crown and defence lawyers.

"You deserve every minute of the time you will serve," said Queen’s Bench Justice Glenn Joyal.

Meeches admits going to the victim’s Ross Avenue home, armed with a .22 calibre rifle, and opening fire immediately after his former gang associate opened the door. The victim’s spinal cord was severed, leaving him paralyzed from the chest down and confined to a wheelchair.

The man’s girlfriend and a child were in the home at the time. He was rushed to hospital in critical condition but was briefly conscious and able to explain to police what happened. Police sealed off the area and spent hours searching for Meeches, who was able to escape. A Canada-wide warrant was eventually issued for his arrest and he was arrested weeks later.

"There’s no honour among thieves," Winnipeg police Const. Blair Good told the Free Press at the time.

Crown attorney Brent Davidson told court the victim had recently left the Indian Posse, which didn’t sit well with senior members including Meeches.

"He felt that the brotherhood the organization was founded upon was disintegrating and that members were simply interested in exerting their power and controlling the drug trade," said Davidson.

The victim was prepared for violence but only thought he was going to beaten by Meeches, court was told. Defence lawyer Kathy Bueti said Meeches was also planning to leave the Indian Posse once he "sent a message" by shooting the victim.

"He didn’t necessarily want to kill him... he knew a serious injury was possible.," said Bueti.

Meeches was originally charged with attempted murder but the Crown agreed to drop it in exchange for a guilty plea to the lesser offence of discharging a firearm with intent to maim or wound.

Meeches was given credit for 32 months of time already spent in custody, meaning he has another seven years, four months left on his sentence.

Man who wanted out of gang lifestyle, sentenced to 7 years (Previous blog post)

The fear or threat of retaliation from former gang members, is likely why it is very challenging for those who actually desire to exit the gang lifestyle, to do so, which is probably why many remain in the gang so they feel like they belong and do not have to fear retaliation. 

I disagree with the 7 year sentence and feel it is too harsh. The defendant likely came from a background of poverty, unemployment, low levels of education and lived in a neighbourhood filled with negative influences and role models and crime. He probably joined a gang, to feel a sense of belonging, often tied to parental abuse or neglect. 

Prisons are negative environments which do not solve the causes of crime. This man will likely become more involved in the gang and drug lifestyle in prison, as both are prevalent. Prisons do not offer any programs for those involved in gangs and the violence prevention programs they currently offer, are underfunded and have long waiting lists. Overcrowding means that resources and programming cannot be distributed evenly to those who need them. Prisoners are often released with little assistance, no rehabilitation, housing or employment and are more likely to re-offend and return to their previous criminal lifestyle. This is not in society`s best interests. 

I would have sentenced this man to between 2-3 years in a minimum security prison, such as Rockwood Institution, where gang influences are lessened and where he could earn day parole faster to begin working in the community and attending effective community programming. He should be required to attend violence prevention programming, programming and counseling that addresses the underlying causes of his criminal behaviour and be assisted in finding employment.  

Man who wanted out of the gang lifestyle, sentenced to 7 years

Gang ties severed by shooting

They both wanted out of the gang life. The price for one was a lifetime confined to a wheelchair; for the one who put him there, a 10-year prison sentence.

Indian Posse gangster Justin Meeches admitted shooting another gang member in the head and back in a plea bargain that saw prosecutors stay a charge of attempted murder.

Meeches, 32, pleaded guilty Monday to the reduced charge of discharging a firearm with intent to wound.

Court heard the victim left the gang, raising the ire of senior members. “He felt that the brotherhood the organization was founded upon was disintegrating and that members were simply interested in exerting their power and controlling the drug trade,” said Crown attorney Brent Davidson.

When Meeches arrived at the victim’s doorstep June 9, 2008, the man thought he was going to be beaten “and he was prepared to accept that,” Davidson said.

But Meeches shot the man in the back and head with a .22 calibre rifle. The man’s spinal cord was severed and he is now paralyzed from the chest down.

Defence lawyer Kathy Bueti said Meeches was trying to leave the Indian Posse as well and saw the shooting as his “last active involvement with the gang.”

“His intention was to send a message,” Bueti said. “He didn’t necessarily want to kill him (but) he knew a serious injury was possible.”

Justice Glenn Joyal credited Meeches 32 months for time served. His remaining sentence is seven years, four months.

“You deserve every minute of the time you will serve,” Joyal said.

10 year term for shooting of ex-gangster
He tried to walk away from a Winnipeg street gang -- and ended up paralyzed for life.
Details of a shocking June 2008 attack emerged publicly for the first time this week, painting a grim picture of the challenge facing those who want to escape a criminal lifestyle.
Justin Meeches, 32, pleaded guilty Monday to shooting the 36-year-old victim in the head and back as revenge for leaving the Indian Posse. He was sentenced to 10 years in prison under a joint-recommendation from Crown and defence lawyers.
"You deserve every minute of the time you will serve," said Queen's Bench Justice Glenn Joyal.
Meeches admits going to the victim's Ross Avenue home, armed with a .22-calibre rifle, and opening fire after his former gang associate opened the door. The victim's spinal cord was severed, leaving him paralyzed from the chest down and confined to a wheelchair.
The man's common-law wife and three young children were in the home at the time. Police sealed off the area and spent hours searching for Meeches, who was able to escape. He wasn't arrested until January 2009 and has been in custody since.
"I hope in the future he can forgive me for what I did. I'm sorry his family had to go through that, too," Meeches told court.
Crown attorney Brent Davidson said the victim had recently left the Indian Posse, which didn't sit well with senior members including Meeches. The man had been receiving several threats from other gangsters preceding the shooting.
"(The victim) felt that the brotherhood the organization was founded upon was disintegrating and that members were simply interested in exerting their power and controlling the drug trade," said Davidson. "He was basically told he better start coming around or there would be problems. He tried to stay out of sight, out of mind."
The victim was prepared for violence but only thought he was going to beaten by Meeches, court was told. Defence lawyer Kathy Bueti said Meeches was also planning to leave the Indian Posse once he "sent a message" by shooting the victim.
"He was taking instructions from another member of the gang," she said. "He didn't necessarily want to kill him... he knew a serious injury was possible."
Meeches was originally charged with attempted murder but the Crown agreed to drop it in exchange for a guilty plea to the lesser offence of discharging a firearm with intent to maim or wound. Davidson said the victim has moved out of the city with his family and had safety concerns about returning to testify.
Meeches has been a member of the Indian Posse since the age of 15 and has a lengthy criminal record, court was told.
He was given double-time credit for the 16 months he has spent in pre-trial custody.

I completely disagree with the 7 year sentence. I feel that is far too harsh. I would like to know more about the mitigating factors in this case, the accused's background life, prior record, etc. Prisons are negative environments which do not solve the causes of crime or the social and economic contributing factors. Gangs, drugs, the prison subculture and pro-criminal behaviours and attitudes are prevalent which will likely have a negative impact on this gang member. It is likely that he will become further involved and entrenched in the gang and criminal lifestyle while in prison. Also, prison programs are underfunded and have long waiting lists. Overcrowding, means that prison resources and programs cannot be distributed evenly to all of those who need them most. Prisoners are often released with little assistance, no rehabilitation, substance abuse issues, no housing and no employment and no skills. 

If I were the judge, I would have sentenced this man to a 2 year conditional sentence where he would be required to participate in a gang desistance and prevention program, counseling, and attend programming to address the underlying causes of his criminal behaviour and gang lifestyle.  

Teen gang member charged in Winnipeg shooting, also tied to 2008 death

Man charged in Winnipeg shooting tied to 2008 death

A 19-year-old man arrested in connection with a shooting that injured two young girls in Winnipeg's West End was involved in a shooting death two years ago.
CBC News is not naming the man, in order to report on the previous incident, which happened when he was a youth.
He was charged Friday with attempted murder and several weapons-related offences for two shooting incidents that occurred this week.

But in 2008, when he was 17, he was convicted after pleading to a charge of careless use of a firearm in the death of Cody Shuya, 13.
Shuya and the older teen broke into a Home Street garage on Feb. 23, 2008, and found a loaded pellet gun. They struggled for control of the gun but in the process, it went off and a shot pierced Shuya's eye and lodged in his brain.
He died the following day.
A charge of criminal negligence causing death was dropped by the court against the older teen in exchange for his plea.
At the time of his arrest he was also wanted on a warrant for violating his probation from a prior theft conviction.

Sisters hurt in shooting

Now an adult, the man was charged for his involvement in a rash of violence in the city's West End.
On Wednesday, gunshots went through the window of a house at 542 Victor Street around 6 p.m., wounding a 10-year-old girl playing inside. Her eight-year-old sister suffered superficial injuries as a result of flying debris.
According to police Chief Keith McCaskill, the shooting was retaliation for a fatal shooting Tuesday afternoon on neighbouring Toronto Street.
Kyle Earl, 16, was sitting on the front porch of a home at 646 Toronto St. when two armed people started firing at them Tuesday afternoon.
Earl was hit in the upper and lower body and died. The 13-year-old was hit in the leg and survived.
The 19-year-old was also at the house at the time and chased after the alleged gunmen.
According to police, he started shooting on nearby Agnes Street, hitting two cars, neither of which was connected to the incident.
No one inside the vehicles was hurt.
The 19-year-old was on Victor Street Wednesday when he allegedly fired more shots, one of which went into the home of the girls, police said.

Winnipeg shootings linked: police

Two shootings in Winnipeg that killed a 16-year-old and injured three other young people are connected, police said Friday.

Kyle Earl, 16, died after being shot Tuesday outside a house on Toronto Street. A 13-year-old boy who was with him was hit in the leg and survived.

The next day, on neighbouring Victor Street, a 10-year-old girl was struck by a stray bullet that went through the window of a house, and her eight-year-old sister was hurt by flying debris.

The 10-year-old is in stable condition in hospital with non-life-threatening injuries.

Until now, police had said they did not believe the incidents were connected, but Winnipeg police Chief Keith McCaskill confirmed Friday they are linked and related to street gangs.

A 19-year-old man was arrested Friday for the Victor Street shooting. He has been charged with attempted murder and several weapons-related offences.

McCaskill said that shooting was retaliation for the Toronto Street incident.

The 19-year-old was at the Toronto Street home when Earl was struck by bullets in the upper and lower body and later died inside the house.

The 19-year-old then grabbed a gun and chased after the alleged shooters, firing off a few rounds on nearby Agnes Street, police said.

Those bullets struck two cars that were not involved in the incident. No one inside the vehicles was injured.

Police say the 19-year-old was on Victor Street Wednesday when he began shooting at another person and sent a bullet through the house where the sisters were playing.

No one has yet been arrested in connection with Earl's death or the shooting of the 13-year-old boy, who was treated and released from hospital.

Gangs recruiting younger people

Winnipeg's former deputy police chief believes the city's streets are getting more violent because gangs are recruiting younger people.

The younger the gangster, the more likely he or she is to react violently to the slightest provocation, said Menno Zacharias.

"A lot of the young people that are involved in this lifestyle really have no hesitation to react to even being insulted," he said. "[If] somebody verbally insults them, that, in their minds, is justification for taking serious action."

Liz Wolfe, program manager for New Directions — a community agency that works with street youth — said many gang members don't believe they will live past the age of 21, so they are not concerned that the lifestyle they lead is dangerous.

Gang violence breeds a fatalistic attitude, she said.

"Every time one of these boys is murdered, it reinforces to our young people that that is their life," Wolfe said.

McCaskill announced Thursday that more police officers will be dedicated to patrolling the city's West End, where the shootings happened.

"We've got now our street crimes unit, our community support unit and other officers that are going to be actively patrolling that area more so than in the past," he said.

"We are going to have some foot patrols in there as well."

Suspect in two Winnipeg west end shootings, has fatal gun history

Gun suspect has fatal history

A 19-year-old gang member accused of two West End shootings this week was also involved in the fatal shooting of a 13-year-old boy in February 2008.

In the earlier shooting, the Indian Posse member, who was 17 years old at the time, broke into a Home Street garage with 13-year-old Cody Shuya. After the two fought over a loaded pellet gun left there, the gun fired and shot Shuya's eye, fatally damaging his brain. The 17-year-old pleaded guilty in 2008 to careless use of a firearm.

Now 19, the man is facing new Criminal Code charges arising from two separate shootings this week.

"One of the very important things for the public to understand in the West End (is that) we have taken the person off the street that shot, and shot again," said Winnipeg Police Service Chief Keith McCaskill. "That person is off the street."

The Free Press is not identifying the man because the Youth Criminal Justice Act forbids identifying a person when their criminal record as a youth is reported.

He's charged in connection with the aftermath of a shooting this week that killed a 16-year-old boy and a shooting that hurt three other children. Police said for the first time Friday the two incidents are related.

On Tuesday afternoon, two gunmen firing at least 15 bullets hit Kyle Earl, 16, and Byron Cook, 13, as they sat on a porch at 646 Toronto St. Earl died and Cook was injured.

The 19-year-old, who was apparently nearby, allegedly ran on foot after Earl's two killers -- who have yet to be arrested -- and fired several shots that struck two vehicles. The vehicles were apparently not involved in the shooting and no occupants were injured, police said. The 19-year-old is now charged with attempted murder for firing at the vehicles, say police.

Just over 24 hours later, on Wednesday evening, three shots were fired into the front window of 542 Victor St. A 10-year-old girl was hit in the leg and an eight-year-old girl was grazed in the head by flying debris. Police say the girls were not the intended targets. The 19-year-old is now charged with attempted murder for firing at the house.

"Thank God these kids weren't killed. That could easily have happened," said McCaskill.

During the two shootings this week, the 19-year-old man was out on bail for a previous break-and-enter. He's also been convicted several times for breaching his sentence in relation to Shuya's death and was under a court-ordered weapons ban.

Police arrested a 14-year-old boy Thursday who was alleged to have been with the 19-year-old during the Victor Street shooting.

The tall, angular 19-year-old appeared briefly in court Friday. He is connected to West End gangs and has posted online messages praising gang life.

Also Friday, the provincial Conservatives said the NDP needs to make good on a promise to fund 130 new police officers in light of the deadly week of gun violence on the streets of Winnipeg.

The NDP promised during the 2007 election campaign to increase the number of police officers in Manitoba by 100, including 50 in Winnipeg. A couple of years ago, Ottawa sent Manitoba a $14.4-million cheque to add 15 city officers and the same number outside of Winnipeg.

Tory Leader Hugh McFadyen said so far, the government has delivered only 64 new officers -- 66 less than promised.

"We're calling on the NDP to move forward and keep their promise to hire the 130 additional officers in order to restore a sense of safety in our communities," McFadyen told reporters Friday.

"Broken promises aren't keeping our streets safe," he said. "We need those new officers now."

Premier Greg Selinger defended the government's record Friday, saying the province is funding an additional 13 city officers this year plus the operating costs of a new police helicopter, which is expected to take to the sky several months from now. As well, it has announced funding for 30 police cadets, who will free regular officers from some of their more mundane tasks.

It's horrible what happens when teens join gangs, but with all the negative role models, influences and environment of the west end and inner cities, plagued with poverty, unemployment, addictions and crime, I understand why they join gangs. They want to feel a sense of belonging and identity, possibly from a lack of attention or interaction from family members. These teens are surrounded by negative peer influences and they have no morals or values. If we want to prevent and reduce gang crimes, we need to address the issues of why teens join gangs and the root causes. We need to develop more gang prevention and desistance programs for these teens to receive help and assistance. 

This teen involved in these recent Winnipeg shooting, is clearly, entrenched and very involved in the gang lifestyle and activities. I believe he definitely poses a danger to society and should not be granted bail. He is one of the few people, that I would support being held in custody while awaiting his trial. I do feel though, that remand facilities should offer rehabilitation programs so alleged criminals have the opportunity to improve themselves and be productive while awaiting trial and sentencing.   

Judge forced to give teen mandatory minimum sentence. Abolish mandatory minimums!!

"I have my hands tied"

Eighteen-year-old Jordan Flett had never been in trouble with the law.

Then he had his heart broken, got drunk and shot one of his best friends in the leg.

Now 20, the Peguis First Nation resident pleaded guilty Wednesday to discharging a firearm with intent to cause bodily harm and was sentenced to four years in prison, the mandatory minimum sentence for the offence.

“In my opinion, this is a perfect example of why minimum sentences shouldn’t be forced on the court without some discretion,” said Judge Brent Stewart.

“I unfortunately have my hands tied.”

Court heard Flett had been drinking for several hours at a friend’s house party when he became upset at the presence of his ex-girlfriend and her new boyfriend.

“Between the alcohol consumption and being jilted, he was inconsolable at that point,” said Crown attorney Rustyn Ullrich.

Flett left, telling partygoers he was going to return with a gun.

“The partygoers, at that point, didn’t take it very seriously,” Ullrich said. “He had no criminal record, there was no reason to believe he would follow through.”

Thirty minutes later, Flett returned with a rifle and shot at the house.

Two of Flett’s friends came out of the house and tried to calm him down.

Flett threatened to shoot them in the leg if they approached him.

“(The victim) decides he can’t possibly be serious and starts to move closer and sure enough, Mr. Flett looks through the scope, fires off a round, hitting (the victim) in the upper thigh area,” Ullrich said.

The other man ran for cover.

Ullrich said Flett was immediately shocked by what he had done and yelled at a man inside the house to come out and help the victim. The man did not leave the house, thinking it was a ruse.

Flett and the victim were boyhood friends who were “always together” playing hockey, wrote his father in an e-mail to the court.

“He’s not the type to hurt anyone,” he wrote.

Defence lawyer Ryan Amy said he feared Flett will be corrupted and abused by gang forces inside Stony Mountain Institution.

Stewart recommended justice authorities transfer Flett “as quickly as possible” to the minimum-security Rockwood Institution “and not harden you and let you come out as a mean ex-con out to get people.”

Flett’s mother sobbed uncontrollably as he was led out of court, crying out, “I love you, my son.”

This is why mandatory minimum sentences should be abolished!! They leave judges with absolutely no discretion in considering all circumstances of a case and as a result, some offenders are sentenced too harshly, such as this teen. All crimes and offenders are different and have different circumstances yet mandatory minimums treat them all as equal!! Prison is a negative environment with negative, pro criminal attitudes and behaviours and gangs and drugs and violence are prevalent. This teen should NOT be subject to such an environment when he has no prior record and has never been in trouble with the law. If he is kept in Stony, he will likely only become more entrenched in the criminal lifestyle and become a more hardened criminal. I have so much sympathy for this offender, and also because he is Aboriginal. Prisons are not appropriate sentences for Aboriginal offenders as they offer no culturally sensitive rehab programming which would surround them with their own culture and traditions and teachings. Judges should have the ultimate discretion in deciding upon a sentence especially when there are so many mitigating factors and when the offender is Aboriginal, as their circumstances and experiences and needs are unique. 

This offender should have been sentenced to probation or a conditional sentence with rehab programs for emotion management and stress management and violence prevention. 

I sure hope he gets transferred to Rockwood, as minimum security is better than Stony and offers more freedom and opportunities.  

Jeffrey Cansanay Second Degree Murder Trial

Starting next week on March 15th and running until May 7th, a high profile second degree murder trial will be taking place at the Winnipeg law courts, against the accused, Jeffrey Cansanay who was charged with 2nd degree murder in the October 10th, 2005 fatal shooting near Sargeant and Maryland. He is also charged with attempted murder in the relation to an injured second victim named Abass Jalloh, who was walking with Haiart and was also hit by stray gunfire. He survived an arm injury. 17 year old Phil Haiart, an innocent bystander, was shot in the stomach and was caught in between the dispute of two rival Winnipeg gangs. The two intended targets of the shooting managed to escape unharmed. It is alleged that Jeffrey Cansanay is the shooter.  

Haiart's killing left a substantial mark on the city, tearing apart the perception that innocent people are immune from the gang violence that has plagued the city in recent years.


Haiart was caught inbetween cross fire and was shot as he walked through an empty video store parking lot on the way back to his nearby apartment. After being shot, he staggered down the street and collapsed in front of a pizza shop.


Efforts to save his life failed and he was pronounced dead at the hospital several hours later.


Police said at the time that members of the feuding Mad Cowz and African Mafia street gangs- who had broken apart months earlier due to one gang selling drugs on the others' "turf"- were trading shots on the street following a previously unreported shooting the night before the killing.


Haiart was simply in the wrong place at the wrong time.


Family and friends of the young man said that his death was a "call to arms" for a city that had been taken over by thugs and gangsters.

"Operation Cleen Sweep" was launched weeks later with a major emphasis on cleaning up the downtown and West End of gangs and drug dealers.

Many businesses and residents reported significant improvementsand lobbied the city to continue the effort full time. This has now been done through the creation of a specialized unit.

This will definitely be a very interesting trial and if you have free time, I think it would be worthwhile to observe.