(File photo/ paNOW Staff)

By Nigel Maxwell

Court proceedings

‘Hopefully this is a turning point for him’: drive-by suspect receives three year sentence

Feb 3, 2021 | 8:00 AM

The man behind the wheel during a drive-by shooting in Prince Albert, has received a three year prison sentence.

Kirk McDonald, 24, appeared by phone Tuesday afternoon at Prince Albert Provincial Court and entered guilty pleas to charges of aggravated assault, and possession of a weapon.

The case dates back to the morning of August 27, 2019. According to the statement of facts read in court by Crown lawyer Fatima Sarwar, a gold coloured Chrysler car pulled up alongside a second car in the 1400 block of Marquis Drive. A passenger in the suspect vehicle then proceeded to fire three shots towards the other vehicle. One of the bullets struck an 18-year-old woman, who was sitting in the back seat.

The suspect car then sped off northbound, while the second vehicle drove to the nearby skate park area. One of the passengers called 911 and the victim was soon after rushed to hospital with a gunshot wound to her back. Pieces of the bullet were later removed following surgery.

Sarwar read several statements from the passengers in the second car. They said the attack was motivated by a rivalry between two street gangs. The passengers also indicated they knew the accused, as they were from the same community of Montreal Lake.

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The suspect vehicle was located by police at the Tamaron Square apartment building, in the 1400 block of 28th St. E. McDonald and two others were arrested without incident.

Kyle Bear, the man who allegedly pulled the trigger, is scheduled to have his matters spoken to on Wednesday. Sherilyn Naytowhow received a two year sentence last April. She was charged after police searched an apartment and found guns and drugs.

Explanation for the sentence

The three year sentence McDonald received, represented a joint submission by the Crown and defence, and comes one week before McDonald and Bear, were originally scheduled to face trial on the charges.

Sarwar acknowledged the sentence was on the low end for an aggravated assault charge, but explained the Crown’s case had “issues,” specifically the lack of witnesses to testify. She added the crown and defence had also spent a considerable amount of time discussing a resolution.

The judge’s remarks

Judge Hugh Harradence referred to the incident as a brazen offence.

“This is a serious crime and involves the use of guns on city streets,” he said. “It’s fortunate no one was killed.”

Harradence encouraged McDonald to disassociate from negative peers, and remember as a young man he still had a choice to have a positive future or spend his time in correctional centres.

“Hopefully this is a turning point for him,” he said.

With time McDonald spent in remand custody, he has roughly 377 days remaining on his sentence. McDonald is also prohibited from owning or possessing crossbows, restricted weapons, ammunition or explosive substances for life.

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nigel.maxwell@jpbg.ca

On Twitter: @nigelmaxwell