An Ontario judge is set to decide the fate of two men convicted for the 2012 shooting at the Emerald Gardens apartment complex.
A jury convicted Rashid Adan, 24, and Anthony Johnson, 23, last fall in connection with the apartment shooting in which a man named Peter Williams was shot five times. Williams survived the shooting but has since died of unrelated causes.
Johnson, who passed the handgun used in the attack to Adan, was convicted of aggravated assault. Adan, who fired the weapon, was found guilty of aggravated assault and attempted murder with a firearm. The sentences the two men may get on Wednesday morning may vary widely.
Liam O'Connor, Adan's lawyer, suggested a nine-year sentence for the crime, calling it "completely appropriate" given past case law and Adan's unblemished criminal record at the time — though he has since been charged for possessing an illegal firearm in Toronto.
Adan, dressed in a light grey hooded sweatshirt and sweat pants, declined to make a statement in his own defence.
While O'Connor agreed attempted murder was a serious conviction, he urged the judge to take into account the fact that the shooting was not premeditated — court heard the shooting happened after Williams asked Adan and Johnson to leave his apartment in the morning after a gathering the previous night.
Crown lawyer Kathy Malkovich suggested a 12-15 year sentence for Adan, who fired seven times at Williams, who was unarmed and cowering on a couch with his hands up.
"It was a senseless act," Malkovich said.
She urged the judge to use his ruling to send a "strong message" about gun violence.
"Your sentence speaks for the community," Malkovich said.
Accomplice has 'hex' on his life: lawyer
Michael Webster, Johnson's lawyer, argued more jail time was not the answer for his client, who has spent all but eight months of the last five years in jail. He's calling for Johnson to be sentenced to a lengthy probation period, possibly three years, in the shooting.
'I apologize to the city of Hamilton for what took place that morning'- Anthony Johnson
"There is a very sad history to his life," Webster said, adding his client believes he has a "hex" on his life.
Webster said Johnson struggled in school due to Attention Deficit Hyperactivity Disorder (ADHD) and by the time he was 14-years-old was already in contact with the police after being arrested for robbery and assault.
Malkovich, meanwhile, pointed out Johnson's past as a drug dealer who sold marijuana and crack cocaine. She said Johnson "did not have a positive response to community supervision" and that records show he was removed from several youth probation programs.
In the Emerald Gardens shooting, Malkovich said, Johnson may not have known Adan would fire on Williams, but he certainly knew he would "apply force."
She suggested a 7-9 year sentence for Johnson, though it's unclear how much of that sentence he would serve due to the 977 days he's spent in pre-sentencing custody.
Johnson, who read from a statement in his own defence, said he was surrounded by negative influences at the time of the incident. He said he's grown while in jail, and hopes to stay out so he can be there for his young daughter.
"I apologize to the city of Hamilton for what took place that morning," he said.
"This life behind bars isn't a life for me."
Johnson's mother was in the courtroom, but declined to comment on the proceedings.
Friend of Peter Williams files statement
Betty Kerr, a close friend of Williams, was in court Tuesday and filed a victim impact statement for the judge to consider.
Kerr said her life changed on the day of the shooting as she quickly found herself providing 24/7 support to Williams, who suffered through nightmares and anxiety in the wake of the attack.
"He was afraid to be alone," Kerr wrote in her statement.
"Peter deteriorated day by day," Kerr wrote, adding because doctors left some bullets inside him he was constantly reminded of the shooting.
Williams, who had battled other health concerns, eventually died of unrelated causes.
"I lost someone I cared for and loved very much," Kerr wrote, adding she hopes to heal day by day.
Kerr said she didn't want to speak with reporters during the hearing.
Justice Joseph Henderson is set to make a ruling on Wednesday morning at 10 a.m. in Hamilton.
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