‘That’s not attempted murder?’: shooting victim’s father rails at Crown, justice system

Last November, Machuor Akau held a loaded Luger handgun to his girlfriend’s cheek, told her he “should kill (her) now,” and shot her, shattering the inside of her mouth and leaving her with life-changing injuries.

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Last November, Machuor Akau held a loaded Luger handgun to his girlfriend’s cheek, told her he “should kill (her) now,” and shot her, shattering the inside of her mouth and leaving her with life-changing injuries.

Tuesday morning, Akau, 28, pleaded guilty in a Winnipeg courtroom to aggravated assault, possession of a loaded prohibited weapon, pointing a firearm and criminal negligence causing bodily harm.

The 26-year-old victim’s parents, both of whom were present for Akau’s guilty plea, said they are outraged Akau was never charged with attempted murder.

JOHN WOODS / FREE PRESS FILES
Machuor Akau, 28, pleaded guilty to aggravated assault, possession of a loaded prohibited weapon, pointing a firearm and criminal negligence causing bodily harm for shooting his girlfriend inside a Wellington Crescent apartment.

JOHN WOODS / FREE PRESS FILES

Machuor Akau, 28, pleaded guilty to aggravated assault, possession of a loaded prohibited weapon, pointing a firearm and criminal negligence causing bodily harm for shooting his girlfriend inside a Wellington Crescent apartment.

“That’s not attempted murder? They have completely let down this woman here,” the woman’s father said outside court.

“Any woman in this province today should be f—king outraged by the Crown’s handling of this case.”

“Any woman in this province today should be f—king outraged by the Crown’s handling of this case.”

Court heard prosecutors are seeking a sentence of eight years in prison. The maximum sentence for aggravated assault is 14 years in prison. Attempted murder carries a maximum sentence of life in prison.

Attempted murder is commonly recognized as one of the toughest crimes to prosecute, as it requires proof of intent to kill beyond a reasonable doubt.

The victim underwent three surgeries following the shooting and has up to three more surgeries to come, lives with constant pain, has been diagnosed with post-traumatic stress disorder and has been unable to return to work in the service industry, her parents said.

“This guy should get out (of prison) when she is normal, which is going to be never,” the woman’s father said.

According to an agreed statement of facts provided to court, Akau had been drinking and using drugs for several days and was becoming “increasingly paranoid” when, on Nov. 2, he got into an argument with the victim at her mother’s Wellington Crescent apartment and smashed her phone.

The argument escalated and Akau grabbed a handgun, held the victim to his chest and screamed: “If the cops come, I will kill you.”

Akau then put the gun to the woman’s cheek, demanded that she apologize and said “I should kill you now.”

“The firearm discharged and entered (the victim’s) head by her right ear and exited through her left cheek,” said defence lawyer Saul Simmonds, reading from the agreed statement of facts.

“The Crown accepts the fact that the trigger was not pulled intentionally and you later apologized,” Simmonds said.

Security video at the apartment building showed Akau and the victim struggling outside the apartment suite door. The victim broke free, knocked on a neighbour’s door and then made her way outside where she flagged down a passing fire truck. The woman wrote down Akau’s name and make of his automobile and firefighers contacted police.

Akau fled the apartment and drove away in his red Kia.

“At no point did you go back or look back and at no point did you call 911,” Simmonds said.

“At no point did you go back or look back and at no point did you call 911.”

Police arrested Akau the following day after a witness reported seeing him at a Shoppers Drug Mart on Vermillion Road. On the way to the police station, Akau repeatedly asked officers if the victim was OK, claimed he was drunk and that the shooting was an accident.

“I would never do that, she is the love of my life,” he told officers.

Additional charges of assault, uttering threats and forcible confinement were stayed by the Crown.

Court heard Akau assaulted the woman on at least three prior occasions during their on-again, off-again five-month-long relationship. During one assault in late October, Akau threw the woman to the floor when she tried to flee and said: “If the police come, I will kill you with me.”

The woman’s father said he always believed in the justice system, despite its failings, but that faith has now been shattered.

“If my daughter didn’t do what she did he would be looking at life (in prison) because she would have died.”

Akau would be facing a homicide charge were it not for the victim’s determination to live, the man said.

“And now this guy is going to get rewarded for my daughter’s heroism in somehow keeping herself alive,” he said. “If my daughter didn’t do what she did he would be looking at life (in prison) because she would have died.”

Akau will be sentenced at a later date following the completion of a court-ordered pre-sentence report. He remains in custody.

dean.pritchard@freepress.mb.ca

Dean Pritchard

Dean Pritchard
Courts reporter

Dean Pritchard is courts reporter for the Free Press. He has covered the justice system since 1999, working for the Brandon Sun and Winnipeg Sun before joining the Free Press in 2019. Read more about Dean.

Every piece of reporting Dean produces is reviewed by an editing team before it is posted online or published in print — part of the Free Press‘s tradition, since 1872, of producing reliable independent journalism. Read more about Free Press’s history and mandate, and learn how our newsroom operates.

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