Fatal shooting sparked by argument over making faces By: Dean Pritchard Posted: 6:03 PM CST Wednesday, Feb. 21, 2024

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A man who was shot dead outside an inner-city convenience store had started a fight because he believed a teen had been making faces at him, a court has heard.

Eighteen-year-old Wade Donkey died Nov. 16, 2020, following the confrontation outside Ross Convenience Store on Isabel Street.

Donkey’s killer, who is now 20 years old, pleaded guilty to second-degree murder and on Wednesday was handed a maximum youth sentence of seven years in custody and community supervision.

The sentence, jointly recommended by Crown attorney Brian Sharpe and defence lawyer Martin Glazer, was endorsed by King’s Bench Justice Shauna McCarthy, and is to be served as part of an Intensive Rehabilitative Custody and Supervision order.

Under the program, offenders receive one-on-one counselling, occupational therapy, tutoring and other specialized services at a cost of more than $100,000 a year.

McCarthy urged the man — who court heard struggles with substance abuse and has fetal alcohol spectrum disorder and post-traumatic stress disorder — to take advantage of the programming.

“Quite substantial services are going to be available to you because there are indications you can turn your life around,” McCarthy said.

According to an agreed statement of facts previously provided to court, Donkey was part of a large group of people waiting outside the store shortly before 2 p.m. when the 17-year-old, a stranger, joined them briefly before going inside.

When the teen came out of the store minutes later, Donkey, believing the boy had “mean mugged” him, started an argument that escalated to Donkey “squaring off” with the teen, and “looking to start a physical fight.”

Donkey rushed at the teen, who backed away before pulling out a sawed-off 12-gauge shotgun. The teen rushed at Donkey and fired a shot point-blank at his head, killing him.

The teen ran off and wasn’t arrested until Sept. 20, 2021. Witnesses identified him as the shooter and his DNA was found on the murder weapon.

While in custody, he provided a full confession to police. A pre-sentence report provided to court said the killer had feared Donkey had a gun.

“I didn’t want to wait and see if he had a gun,” he said. “Everyone in the neighbourhood carries guns.”

He “acted spontaneously out of fear for his safety,” Glazer told court.

Sharpe said the man’s “strike first” actions were evidence of a “Wild West mentality.”

“(He) has to realize this is way beyond self-defence or anything like that,” Sharpe said.

Court was told the offender had spent much of his childhood in foster care and has a family history of substance abuse. He spiralled into drug abuse and self-harm after his mother died of a drug overdose.

While in custody, he has dedicated himself to rehabilitative programming and has become a positive role model for other offenders, Glazer said.

“He has done everything to better himself while in custody,” he said. “It shows he is trying to make amends.”

The Crown abandoned an application to sentence the offender as an adult “after a great deal of thought and negotiation with Mr. Glazer,” Sharpe told court.

The sentence does not include credit for time served. Just over four years of his sentence will be served under conditional supervision in the community.

“He has made progress while in custody, but just for public safety, it is necessary to keep him under supervision for as long as permitted,” Sharpe said.

dean.pritchard@freepress.mb.ca