David Duong was sentenced Tuesday afternoon at Prince Albert Provincial Court. (File photo/ paNOW Staff)

By Nigel Maxwell

Court proceedings

Christmas Day shooting at Muskoday First Nation results in prison sentence

May 9, 2023 | 5:18 PM

A man who shot and killed his friend on Christmas morning was high on meth and believed there was a robber at the door.

Those were among the facts read, during David Duong’s sentencing hearing Tuesday afternoon at Prince Albert Provincial Court. The 34-year-old has received five years and 10 months for the death of Sydney Bear at Muskoday First Nation.

Initially charged with manslaughter, Duong entered a guilty plea last November to criminal negligence causing death by recklessly discharging a firearm.

On the morning of the incident, at approximately 6 a.m., Prince Albert RCMP received a report of an injured man at a residence on the reserve. Bear, 34, was pronounced deceased at the scene.

According to facts read by Crown Prosecutor Doug Howell, Bear had, just two days prior, picked up Duong at a hotel in Prince Albert, and invited him to spend Christmas at his home.

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Prior to moving to Saskatchewan in late 2020 to sell drugs, Duong had lived in Quebec and B.C. On the morning of the incident, both men were doing crystal meth and drinking vodka, and Bear had left to go get some cigarettes.

Upon returning, he was shot as he was approaching the door. The bullet fired from the rifle Duong was holding, had pierced the wall and struck Bear in the abdomen.

Realizing what happened, Duong was overheard yelling “what did I do” and immediately called 9-1-1.

“The ambulance took over 40 minutes to come,” Howell said

Inside the home, police found multiple guns and drug trafficking paraphernalia. However, the rifle used to kill Bear was never found.

Defence submissions

Defence lawyer Michelle Caron described the incident as a tragedy, noting that while there were drugs involved, Duong’s mindset was a place of legitimate fear that someone was coming for him.

She further explained Duong has from day one taken responsibility for his actions and has been both very emotional and remorseful over the loss of his friend.

“It’s something he will have to live with,” she said.

When given the opportunity to speak, Duong stood up in the prisoner’s box and apologized to Sydney Bear’s family for the pain and suffering he has caused.

As part of her submissions, Caron also noted this is the longest sentence Duong has ever served, and will also be his first opportunity to seek treatment and rehabilitation.

“Mr. Duong is at a crossroads,” she said.

Comments from the judge

Prior to accepting the joint submission, Judge Steven Schiefner explained these types of cases carry a big range (4-12 years), and each case must be individualized.

While noting Duong’s guilty plea had saved the victim’s family from having to endure a lengthy and painful trial, Judge Schiefner said nothing the court did could bring Bear back or remove the reality that there are four kids who don’t have a father.

“It was a tragic, shocking mistake,” he said.

Duong has received 725 days credit for time spent in remand. While he will initially be staying at a Saskatchewan Penitentiary, a request has been made for him to be transferred to a Quebec institution, as he has family support nearby.

In addition to the prison sentence, Duong is also prohibited for life from owning or possessing any firearms.

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nigel.maxwell@pattisonmedia.com

On Twitter: @nigelmaxwell