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Winnipeg Free Press - PRINT EDITION

Judge postpones shooter's sentencing

By: Kevin Rollason

Posted: 08/21/2012 1:00 AM | Comments: 0

A judge has reserved sentencing for a man who shot at four men who were fleeing after attacking him, causing one to become a paraplegic.

Kyle Richard McKenzie, 25, will learn this fall how many years in prison he will serve after Court of Queen's Bench Justice Robert Dewar put over his decision.

"This is a serious matter and the consequences were also serious," Dewar said in court on Monday.

McKenzie, who had earlier pleaded guilty to unlawful discharge of a firearm, faces a mandatory minimum four-year prison sentence. His lawyer argued for the minimum. The Crown asked for a nine-year sentence.

McKenzie apologized for his actions.

"I know that I created a lot of victims and hurt a lot of people," McKenzie said, reading from notes.

"What I did was wrong. I cost Mr. (Jericho) Monias everything... I wish I could take it all back, but I can't."

Crown attorney Michael Himmelman said McKenzie is no stranger to the justice system, with 53 criminal convictions and having spent a total of about three years in jail between 2000 and 2008.

Himmelman said as a result of one of McKenzie's convictions he was restricted from owning weapons, including the .22 calibre rifle he used for this shooting.

"When asked about the gun, he made the bald assertion that it was for hunting," said Himmelman.

Court was told the 18-year-old Monias was shot in the throat on Jan. 8, 2011, after he and three other men went to the house in Seymourville where McKenzie lived with his partner and children. Monias was left a paraplegic.

Himmelman said Monias's brother had been to the house earlier and been tossed out when his girlfriend got into an argument.

But Himmelman said while the four men went back to start a fight, they didn't deserve to be shot at while they were running away.

"The others fled down the road and the accused stood at the end of the driveway, aimed, and fired numerous shots."

The Crown said police found seven spent shell casings.

kevin.rollason@freepress.mb.ca

Republished from the Winnipeg Free Press print edition August 21, 2012 A5

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