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Smith made sure to note that Moran’s bail had been revoked and there were no grounds for his release.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

Teen girl attempts suicide at Manitoba Youth Centre

Girl tries to kill self at MYC

A 15-year-old girl from a northern Manitoba reserve is clinging to life in a Winnipeg hospital after she tried to kill herself in the Manitoba Youth Centre Tuesday morning.

A source told the Free Press the tiny girl struggled with depression and previous suicide attempts. She was under the care of Child and Family Services before this latest attempt to take her own life by hanging.

Justice officials said MYC staff is devastated by the suicide attempt. The last suicide death at MYC occurred in December 1975.

"It's been a challenging time for all of our staff and our residents, and I guess our need right now is to attend to their needs," said Louis Goulet, Manitoba Justice's executive director for youth correctional services. "Hopefully... this young girl will come through, and our thoughts and prayers are with her."

The Free Press cannot name the girl, in part because she is facing charges under the Youth Criminal Justice Act that resulted in her being at the MYC.

The girl was taken to Children's Hospital Tuesday and is in the pediatric intensive-care unit, where family members have rushed from northern Manitoba to be by her side.

A source who knew the girl well broke down Wednesday after describing the girl's deeply pained life, and said she had repeatedly tried to commit suicide in the MYC before this week's attempt.

"It's been an injustice," said the source, who added the girl had family turmoil and run-ins with the law.

Among the girl's many problems was the death of a sibling last year after falling through a thin patch of ice in the northern community where her family lives. Another source said she was a "tiny" girl who had noticeable marks on her arms.

Goulet said corrections officials will review how the girl managed to harm herself while she was in custody at the Doncaster Street jail.

Officials said the MYC went into lockdown after the girl was discovered at about 11:30 a.m., until early evening Tuesday.

Goulet said the girl was alone in her own room in one of the 15-room cottages when staff found her. He said there are "always staff present" in the cottage, with the up to 15 teens who stay there.

The MYC has four dedicated observation rooms where staff can watch youths in trouble on surveillance cameras, but the girl was not in one of those rooms when she hanged herself.

All young people who enter the MYC are evaluated for their suicide risks, said Goulet, and moved into an observation room on a case-by-case basis.

"One of the things we need to remember (is) we're dealing with young people at risk," Goulet said. "They come to us, and one of the things we're... always concerned about is the potential risk for all the youths that come into our facility."

The MYC housed 172 youth Tuesday. According to Free Press archives, the facility had about 210 unionized workers in 2009.

Prisoners and staff at the youth centre are receiving crisis counselling in relation to the suicide attempt, and Goulet said officials are aware it could have a copycat effect on other girls.

Goulet did not know Wednesday afternoon how many other youth were in the cottage when the girl hanged herself, or the number of staff there at the time.

He said the review will look at what the girl used to harm herself and how long she may have been there before she was found.

MYC staff can remove items from youths they feel could present a danger to suicidal teens.

Family members left their remote community for Winnipeg on Tuesday and were at the hospital Wednesday afternoon, the girl's uncle said.

"I felt shock and I'm worried about her right now. I hope she's OK," he said.

He said she was supposed to return to the north when she was allowed to leave the MYC.

Mentally ill teens should not be imprisoned to begin with. They need treatment and counseling and psychological help, not prison. Prisons often worsen mental illnesses, which is likely what happened in this case. This girl already struggled with depression and previous suicide attempts. The girl had previously attempted suicide while in the MYC but was never moved to one of the observation rooms. That is wrong. If there was staff present, this attempt should not have happened.    

Teens jailed for unprovoked attack on senior, fueled by intoxication

Teens jailed for cowardly attack

Three Winnipeg teens have been jailed for a cowardly attack on an 64-year-old stranger who was randomly targeted for violence.

The victim suffered extensive injuries in June 2009 while walking down a North End street just after midnight. He was sprayed in the eyes with bear mace, kicked and punched to the ground and slashed on the shoulder with a machete.

He didn't know any of his attackers, who were drunk and had just left a nearby house party when they passed him in the street and jumped him without any provocation.

The man was originally taken to hospital in critical condition and spent weeks recovering. He still suffers long-term damage include vision problems and lack of mobility in one arm.

The 17-year-old boy who triggered the attack appeared in court Wednesday and was given a 14-month sentence of custody and supervision after pleading guilty to aggravated assault. He will have to serve at least two-thirds of that time behind bars until he can be released into the community. He had been free on bail since shortly after his arrest and hugged both his parents before being led away by sheriff's officers.

Crown attorney Susan Baragar said the boy was armed with the pepper spray and initiated the fight by spraying the victim. The others then joined in before they all fled the scene. None of the accused had any prior criminal record.

The youth who was carrying the machete was recently given 18 months of custody and supervision, while the other boy who used his fists and feet received a 13-month sentence. All three have also been placed on supervised probation.

The victim was not in court for the sentencing hearings but did provide a written statement detailing his injuries and recovery.

None of the teens had any prior involvement with the criminal justice system and they were intoxicated during the attack, which is most likely what fueled the attack. Longer prison sentences are not in society's best interests as they have been shown to increase the chances of re-offending and decrease the likelihood of successful reintegration. Prisons are also known as the schools of crime, especially for teens, where they often learn new skills and how to avoid detection. Prisons do little to facilitate or encourage rehabilitation and reform. Prisons consist of negative environments, pro-criminal attitudes, values and behaviours. Youth prisons also have many teens from all different security and risk levels, which means non-violent offenders will be housed with violent offenders and that is dangerous. I agree with the 14 month sentence, as this teen mentioned would pose some risk to society, especially when intoxicated. I also believe that while on probation, he should be required to participate in substance abuse counseling, violence prevention and risk management programming and emotion management programming.

17 year old boy sentenced to 7 years prison after killing mom, sister

Boy, 17, sentenced to 7 years after killing mom, sister

A 17-year-old Manitoba boy has been handed the maximum youth sentence of seven years after pleading guilty to shooting his mother and five-year-old sister to death in a rural farmhouse in August 2007.

The teen, who was 14 at the time of the killings, cannot be identified under provisions of the Youth Criminal Justice Act.

A Brandon judge handed the youth an additional seven years on top of the almost three years he has spent in custody, following the teen's guilty plea to two counts of second degree murder earlier this year. Under the Youth Criminal Justice Act, after serving four more years in custody, the teen becomes eligible for supervised community release that would continue for another three years.

The teen offered no reason for the killings to police or psychiatrists. He alleged he was abused and sometimes beaten by his adoptive mother, who allegedly threatened to kill him or beat him. He expressed remorse for the death of his five-year-old sister.

On Wednesday, Justice Robert Cummings of Manitoba's Court of Queen's Bench had to choose between giving the teen a youth sentence or an adult sentence, the latter requiring a mandatory term of life in prison. In a written decision, Cummings said he chose the maximum youth sentence because all the expert testimony suggested the boy's best chances for counseling and rehabilitation would come with a youth sentence.

The judge noted the teen had no prior involvement with the law. "His personality and development have been adversely affected by his upbringing," the judge said, noting there was evidence the mother had said she hated the boy and that his relationship with her was "poor."

The bodies of the teen's 43-year-old mother and little sister were discovered by the woman's husband. The shootings rocked the small community of St. Lazare, about 300 kilometres west of Winnipeg.

The teen went through an extensive pre-trial process that involved psychiatric evaluations and other assessments.

I disagree with an additional 7 years for this teen. He has no prior involvement with the CJ system, and alleged that his adoptive mother abused and threatened him. He could have killed after being provoked by his mother or for self-defense. I think this teen should have been given 3 additional years in custody and 2 years in the community. Abuse and neglect can alter and affect your brain development. Rehabilitation and reintegration must always remain the main focuses of teens.  

Elder with history of abuse receives conditional sentence for sex assault

Elder avoids jail term for sex assault

A Manitoba aboriginal elder will not go to jail for using his position of trust to persuade a female inmate to have sex with him.

Neil Hall, 55, was given an 18-month conditional sentence Tuesday that allows him to remain free in the community. The Crown had been seeking a period of real custody for Hall, who pleaded guilty earlier this year to sexual assault.

Hall worked as a provincial jail counsellor and met the 29-year-old victim while she was behind held at the Winnipeg Remand Centre, the judge was told. The woman asked to meet Hall in his office for a traditional native smudge in April 2006.

Hall granted her request, but then asked the woman to lift up her shirt and expose her breasts during the ceremony. She refused and left. Hall continued to request sexual favours in the days that followed, eventually offering the woman cigarettes in exchange for flashing.

The incidents escalated when Hall offered the woman $40 for oral sex and said he would "put in a good word" to help get her out of jail early. She performed oral sex on at least three occasions, but was never paid by Hall, the judge heard.

The woman was released from custody in June 2007. Hall had promised her she could live with him once back in the community, then withdrew the offer when she called him looking for somewhere to stay. She eventually reported the incidents to police, who began an investigation.

Hall initially claimed it was the woman who offered him sex in exchange for cash, but later admitted his wrongdoing. Defence lawyer Saul Simmonds said Hall was sexually and physically abused by teachers and other students while attending Manitoba residential schools. Hall was fired from his position following his arrest and is now living off welfare.

Crown attorney Don Knight described the victim as a "vulnerable person" who was in the care of the public trustee.

Provincial court Judge Patti Umpherville said Tuesday that Hall doesn't pose an ongoing risk to society and has expressed genuine remorse for his actions through his guilty plea, which spared the victim from having to testify. His conditional sentence includes house arrest and sexual offender treatment and counselling. Any breaches would land him back before Umpherville, who has the authority to convert the remaining sentence to actual jail time.

No jail time for elder convicted of sexual assault

WINNIPEG - A Manitoba native elder will not go to jail for using his position of trust to convince a female inmate into having sex with him.

Neil Hall, 55, was given an 18-month conditional sentence Tuesday that allows him to remain free in the community. The Crown had been seeking a period of real custody for Hall, who pleaded guilty earlier this year to sexual assault.

Hall worked as a provincial jail counsellor and met the 29-year-old victim while she was being held at the Winnipeg Remand Centre, court was told. The woman asked to meet Hall in his office for a traditional native smudge in April 2006.

Hall granted her request, but then asked the woman to lift up her shirt and expose her breasts during the ceremony. She refused and left. Hall continued to request sexual favours in the days that followed, eventually offering her cigarettes in exchange for a flashing, court was told.

The incidents escalated when Hall offered the woman $40 for oral sex and said he would "put in a good word" to help get her out of jail early. She performed oral sex on at least three occasions but was never paid by Hall, court was told.

The woman was released from custody in June 2007. Hall had promised her she could live with him once back in the community, then withdrew the offer when she called him looking for somewhere to stay. She eventually reported the incidents to police, who began an investigation.

Hall initially claimed it was the woman who offered him sex in exchange for cash but later admitted his wrongdoing.

Defence lawyer Saul Simmonds said Hall was sexually and physically abused by teachers and other students while attending Manitoba residential schools. Hall was fired from his position following his arrest and now is living on social assistance, court was told.

Crown attorney Don Knight described the victim as a "vulnerable person" who was in the care of the public trustee.

Provincial court Judge Patti Umpherville said Tuesday that Hall doesn’t pose an ongoing risk to society and has expressed genuine remorse for his actions through his guilty plea, which spared the victim from having to testify.

His conditional sentence includes house arrest and sexual offender treatment and counselling. Any breaches would land him back before Umpherville, who has the authority to convert the remaining sentence to actual jail time.

Perv elder spared jail

A native elder and jail counsellor who abused his position to coerce an inmate into providing him with oral sex won’t be going to jail.

Instead, a judge has ordered that Neil Hall serve an 18-month conditional sentence in the community.

“I find little good in sending this offender to jail when he has shown he is ready and willing to be rehabilitated,” Judge Patti Umpherville said Tuesday. “The decision did not come easy to me.”

Hall, 55, previously pleaded guilty to one count of sexual assault.

Umpherville said Hall had a troubled upbringing that included prolonged abuse at a residential school. Hall has no prior record and has had no more run-ins with the law since his arrest. The court received 20 letters of support from across Canada and the U.S.

The Crown had been seeking an 18-month jail sentence.

“If you are looking after individuals who are incarcerated, who have little or no place to turn ... to then turn on them and impose your will in a sexual fashion is clearly something that cries out for a very strong message,” special prosecutor Don Knight said at a sentencing hearing earlier this month.

The then 29-year-old victim was a ward of the public trustee and described as a vulnerable person. Court heard the woman was incarcerated at Winnipeg Remand Centre in April 2006 when she asked to meet Hall in his office for an aboriginal smudge ceremony. During the smudge, Hall asked the woman to lift up her shirt and expose her breasts. The woman refused and left his office a short time later.

During later visits to Hall’s office, Hall gave the woman cigarettes in exchange for the woman exposing her breasts. The sexual contact escalated with Hall offering her $40 for oral sex. The woman performed oral sex on Hall three or four times before release from custody the following June.

Hall told the woman she could live with him when she was released from jail. When she later called Hall to take him up on his offer “she realized he had been lying to her,” Knight said at a previous hearing.

Hall claimed it was the woman who offered sexual favours in exchange for money. At an earlier hearing he appeared to not understand why he had been arrested.

Defence lawyer Saul Simmonds argued the Crown would have had a very weak case against Hall had he not reported to police and provided a voluntary statement.

“Had he chosen not to” the likelihood of prosecution was “realistically nil,” said Simmonds. “He realizes what he did was inappropriate, because even if it was consensual, he still was in a position of trust,” Simmonds said.

Umpherville ordered that Hall not lead any spiritual ceremonies or hold a position of trust unless approved by his probation officer. She also ordered that Hall’s name be included on the national sex offender registry for 10 years.

I completely agree with the conditional sentence for this man. I agree with the judge and believe he does not pose a danger to the community. I feel sorry for this man as he suffered from abuse at residential schools, which is horrible and has a significant effect on brain development. That is a huge mitigating factor and this man desperately needs help; counseling and treatment programming. 

Gang leader; addict; father of three sentenced to 90 months prison

Gang leader gets 90 months in prison

A long-time Manitoba gang leader with a violent criminal history is heading back to prison for his role in a major drug-dealing operation.

Ronald Normand, 42, pleaded guilty Monday to selling crystal meth to an undercover police agent who captured the transaction on audio and video surveillance. He also admitted to participating in a criminal organization and laundering the proceeds of crime while serving as the vice-president of the Zig Zag Crew, which is the so-called "puppet club" of the Manitoba Hells Angels.

Normand was one of the main targets of "Project Divide", the 13-month sting which ended last December with 35 arrests in Manitoba and British Columbia. He is the 21st person to plead guilty.

Police used the services of Zig Zag member Michael Satsatin, who was paid $450,000 and placed in witness protection for his work.

Police were looking on and listening in last September when Normand agreed to sell five ounces of meth to Satsatin in exchange for $13,500. The deal was first negotiated inside a Transcona-area Tim Hortons, then consummated in the parking lot of a Petro Canada in St. Vital, court was told.

Crown and defence lawyers agreed Monday that Normand should spend 90 months behind bars, in addition to eight months of time already served. They noted his lengthy criminal record, which includes a manslaughter conviction for killing a Winnipeg man during a 1994 brawl inside the beverage room of the Northern Hotel.

Normand was given six years custody for that crime, in which he picked a fight with a 32-year-old patron and repeatedly kicked him in the face for no reason Defence lawyer Mark Wasyliw said his client, who is the father of eight children with three different women, has battled a lifetime addiction to drugs and alcohol which has frequently landed him in legal hot water. Normand took his first sip of alcohol when he was just eight years old and has been a gang member since he was 15, court was told.

He said Normand wants to use his experience to lecture troubled teens about making positive changes in their lives and staying out of gangs. However, Free Press archives show that another lawyer told a judge nearly the identical thing during a 2000 sentencing hearing.

Normand pleaded guilty in that incident to assault causing bodily harm and was given six months in jail for smashing a man over the head with a bar stool while out on parole for manslaughter. The Crown said it was an unprovoked attack, similar to the one years earlier which left a man dead.

Defence lawyer Pam Smith told court at the time her client had gotten his life back together during his two years on parole by upgrading his education at Red River College and was also speaking to at-risk youth about avoiding the types of mistakes he had made.

Wasyliw said Monday his client is suffering financially and resorted to selling drugs for the Zig Zag Crew to help get him out of debt and feed his addictions. He said Normand’s role as vice-president of the gang was "ceremonial" because nobody else wanted to do it.

I disagree with the 90 months in prison for this man. I believe that only the most dangerous offenders should be imprisoned, not the mentally ill, addicts, non violent, property and drug offenders. I do not believe that this man poses a danger to society and therefore, there is no purpose in imprisoning him. There are many mitigating factors in this case, including; his financial struggles which led to selling drugs, addiction to drugs and alcohol and the fact that he is a father of eight children. This man needs assistance and support in employment, education, substance abuse treatment and gang desistance. A more appropriate sentence for this man would have been a 2 year conditional sentence with requirements that this man attend drug/alcohol counseling/treatment, and be provided with employment assistance. I have sympathy for this man and hope he gets the help he needs to overcome his life struggles. 

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.