House arrest after report of turnaround

A teenager, whose grandmother turned him in after she found a loaded gun on the couch where he had been sleeping off a night of drinking, has been sentenced to six months of house arrest.

The weapon had been used one day earlier during a battle between rival gang members that turned fatal. The 15-year-old male who was in possession of the 9mm Luger wasn’t the one who had fired it.

The teen, referred to as T.M. in provincial court Judge Cynthia Devine’s recent sentencing decision, was present during the gun play and witnessed his buddy — and fellow member of the “Tax Free” gang — get fatally shot on Oct. 5, 2024.

“It is frankly horrifying to imagine a 15-year-old possessing a handgun in these circumstances.”

“T.M. showed up at his grandmother’s home at (3 a.m.), intoxicated and with a loaded, cocked handgun that had been fired at a gang killing the day before… The gun was in the ready-to-fire position and he was intoxicated, thereby endangering (his) family,” Devine said, calling it “extremely” aggravating circumstances.

“There is no need to imagine the potential nefarious, dangerous or violent ways that the firearm possessed by T.M. could have been used. It had been used in a deadly gang gunfight. This is the clearest of cases. It is shocking to the values of our society and community. It is frankly horrifying to imagine a 15-year-old possessing a handgun in these circumstances.”

T.M. had pleaded guilty to the gun charge as well as failing to comply with a release order.

He appears to have taken the pistol from the crime scene to his grandmother’s house. He had a bite to eat and spilled food all over the couch before falling asleep, said Devine in her Dec. 12 decision.

The 15-year-old’s grandmother went to tidy up and found the gun next to him. She took the weapon to her son, who removed the ammunition, while she called 911.

Winnipeg Police Service officers arrested the boy for possessing a loaded, restricted weapon at about 7:20 a.m.

He was granted bail on conditions — including an absolute curfew and an order to live at his mom’s house — after a hearing the next day. He breached orders several times and was, initially, considered a high risk to reoffend.

Crown prosecutor Matthew Armstrong had argued the teen should have received a custody and community supervision order for a year, with eights months of open custody and four months of supervision, plus a year of supervised probation. Open custody typically involves a young offender being ordered to reside at a live-in facility with programming, such as a group home, on strict conditions.

Defence lawyer Morgan Lawrence argued for probation.

“I am giving him a chance to continue the positive and pro-social work he has done over the past several months”

Devine said that given the aggravating circumstances, T.M. should receive a custodial sentence. An adult found guilty of the same crime could face four or five years in prison. However, she said, T.M. has started to turn his life around in recent months. He stopped associating with gangsters, save for family members who are in gangs, and has been attending school and performing well, she noted.

The judge concluded that merits deferred custody — amounting to strict house arrest except when at school, work or programming — and a community supervision order of six months, plus 18 months of supervised probation.

“If he breaches any of the conditions, which are designed to protect the community and at the same time steer his reintegration and rehabilitation, he will be arrested and return to court before me… I am giving him a chance to continue the positive and pro-social work he has done over the past several months,” wrote Devine.

T.M’s 16-year-old buddy who was slain on Oct. 5, 2024 had crossed paths with three members of the rival “Only the Family” gang on the 500 block of Boyd Avenue, amid a dispute over crack cocaine.

Two teens have been sentenced for their role in the killing, while a third accused, a 20-year-old man, is slated to go to trial next year.

Forensic evidence determined the 9mm pistol was fired twice during the battle, Devine said, but it was unclear based on her decision who had pulled the trigger.

“The Luger in T.M.’s possession was not the murder weapon, but it had been fired during the gang gunfight,” wrote Devine.

erik.pindera@freepress.mb.ca