Gangster must serve time despite sparing victim’s life: judge

A Thompson man who helped lure a fellow gangster to a life-threatening beating showed “moral courage” when he defied an order to “get rid” of the victim and instead took him to the hospital, but it’s not enough to spare him from a 30-month prison sentence, a judge has ruled.

Mackenzie Arthur Mollard, 23, pleaded guilty to one count of aggravated assault for his part in the April 24, 2024, attack.

Mollard’s lawyer, Brett Gladstone, had urged provincial court Judge Geoffrey Bayly to sentence Mollard to a period of house arrest. He argued his decision to take the victim to hospital and his significant rehabilitative efforts since his arrest amounted to an “exceptional circumstance” in law.

Prosecutors recommended he be sentenced to 30 months in prison.

Court heard Mollard, who had no previous criminal record, suffered a debilitating “medical trauma” as a teenager and later self-medicated with illegal drugs. He joined a gang to support his drug addiction.

“While the offender’s decision to (take) the victim to the hospital reflects a meaningful moral departure from others involved in the same criminal plan, it occurred only after he had facilitated this premeditated, gang-directed assault and after the victim had already sustained catastrophic injuries,” Bayly said in a recently released written ruling.

“From a practical perspective, a sentence that fails to sufficiently punish gang-related violence may be interpreted as a lack of societal resolve, thereby failing to deter like-minded individuals,” Bayly said. “Consequently, while the offender’s personal progress is commendable, the overarching message conveyed to the public must be one of firm condemnation.”

Court was told Mollard was contacted by co-accused Kenneth Paynter and told to pick up another gang member and the victim and drive them to Paynter’s home in Thompson. The victim was to be severely beaten in what was described as a “D-boarding.”

D-boarding typically refers to violent gang assaults on members who wish to leave the gang or as a disciplinary measure.

Mollard “knew, as he had been told, that the group’s intent was to commit a significant assault on the victim,” Bayly said.

Mollard did not actively participate in the beating and left for a time before being summoned by Paynter to return and “get rid” of the severely injured victim, a directive Mollard would have known was “synonymous with lethal intent,” Bayly said.

“Mr. Mollard chose to defy those orders at great personal risk,” Bayly said. “He chose to transport the victim to hospital to obtain medical assistance for him. This decision likely saved the victim’s life, and… represents a critical moral departure from the criminal enterprise surrounding him.”

The victim had a fractured skull, a brain bleed and cranial swelling and was airlifted to hospital in Winnipeg.

Since his arrest, Mollard has become sober, reconnected with his family and secured a job as a heavy-duty mechanic. In a support letter provided to court, his employer described Mollard as a “stellar employee.” He is a volunteer firefighter and has assumed primary responsibility for his grandfather’s care.

Paynter was previously sentenced to four years in prison for his lead role in the attack.

Bayly said he was satisfied a 30-month sentence was appropriate for Mollard given his lesser role in the attack and “reduced moral culpability.”

“This sentence, while acknowledging the severity of the harm caused by gang violence, will still provide Mr. Mollard with the opportunity to continue his vocational training and mental health progress within the correctional system,” Bayly said.

dean.pritchard@freepress.mb.ca