Sask. man handed 7 year sentence for 2021 altercation that left another man hurt
Donovan Oochoo has been sentenced to seven years behind bars for an incident on the Muskowekwan First Nation in December 2021 which left one man injured.
Oochoo, 37, pleaded guilty in January 2024 to one count of discharging a firearm with intent and two counts of possessing a gun while prohibited following an altercation with another man.
“In these circumstances, the fit sentence is not in the higher range proposed by the crown nor is it in the lower range argued by the defense,” Justice Crystal Norbeck said in her decision.
Before recessing to make her decision, Justice Norbeck allowed Oochoo an opportunity to speak where he was remorseful.
“I apologize for my actions,” he told the court.
According to an agreed statement of facts, Oochoo fired multiple gunshots at the victim, injuring his right arm.
The two men were known to each other and had a bad relationship.
Prior to the shooting, the victim engaged Oochoo in an altercation shortly after midnight on Dec. 12, 2021 outside a residence in the community, nudging Oochoo’s vehicle with his own.
The two vehicles were positioned in opposite directions with both driver side doors being side-by-side.
The statement of facts said no words were exchanged between the two men.
Oochoo then pointed a semi-automatic-style gun at the other vehicle, firing one shot through the driver-side window, missing both occupants, becoming lodged and later found in the side of the victim’s truck.
The victim then fled to a nearby store to call police. The victim says he heard two more shots fired at his truck, although he did not know who fired them.
After calling police, the victim returned to where the original altercation took place still planning to engage in further altercation with Oochoo.
The victim exited his vehicle and was yelling at Oochoo asking for a fight.
The statement of facts said Oochoo again fire multiple shots, one of which injured the complainant.
The Crown requested a sentence of nine years for the attempted murder charge plus an additional one year for the gun possession charges, totalling 10 years in prison.
“You cannot lose sight of the fact [Oochoo] did not merely possess the intent to wound [the victim], he succeeded,” Prosecutor Aly Sparks told the court in her submissions.
The Defense argued for a two-year sentence saying Oochoo was provoked.
“The complainant here – was at least to some extent – the author of his own misfortune,” Defense lawyer James Struthers said. “It was not Mr. Oochoo who went out looking for trouble that evening.”
Sparks suggested otherwise.
“There was time for sober second though,” she said. “The actual shooting that took place was not provoked.”
Justice Norbeck did not agree with the Crown that the actions were unprovoked.
“It’s unproven the role provocation played was as insignificant as the Crown suggested,” she said. “[It] played a large factor.”
Oochoo spent just under three years in remand and has been credited with 1,485 days served.
Leaving just under three years left of his sentence to serve.
Muskowekwan First Nation is about 130 kilometres northeast of Regina.
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