The individual charged in two gang-related shooting incidents that shocked North Battleford last year has received a lengthy jail term.
Justin Fineday received an 11-year sentence in connection to the two incidents after he pled guilty to two counts of aggravated assault and one count of use of a firearm in the commission of an offence.
The sentence is in connection to two separate shootings in which two separate individuals were wounded, happening on May 25 and Sept. 1 of last year. The use-of-a-firearm charge stems from the Sept. 1 incident.
Fineday received five years each on the aggravated assault charges plus one year on the firearm count. All counts run consecutively.
In addition, Fineday also received a lifetime firearms prohibition, and DNA and forfeiture orders were also imposed. Fineday, who has been in custody for nine and a half months, will be credited for 14 months time served, calculated on a 1.5 to one basis following a recent Supreme Court ruling to that effect.
That means Fineday's jail term will run another nine years and 10 months.
All other charges, including an attempted murder charge stemming from the May 25 incident, have been withdrawn as a result of a plea agreement.
In imposing sentence, Judge Dan O'Hanlon noted the incidents Fineday was involved in "did cause the community a great deal of concern and fright," and noted it raised concern about the growth of gangs in North Battleford.
He called the incidents "terrible crimes" and said the community "view it as an aggressive, violent but cowardly act."
He urged Fineday to use his time in jail productively to further his education and to deal with his addictions issues.
The sentence was imposed following a joint submission by the Crown and defence, following a lengthy investigation and lengthy discussions between counsel.
Fineday was arrested Sept. 1 of last year following a shooting at 6:49 a.m. on Diefenbaker Drive near St. Laurent Drive. Fineday, co-accused Valen Nicotine and a youth accused were alleged to have gotten into an altercation with three individuals who were walking down the street.
According to the facts read in court by Crown prosecutor Jennifer Schmidt, the individuals had their faces covered and were yelling "Terror Squad" and "2019" - referring to the Terror Squad gang that the accused was a member of. (T and S are the 20th and 19th letters of the alphabet.)
It was alleged Fineday fired three shots using a 22-calibre rifle. The shooting victim was struck in the right chest and in the stomach and was sent to hospital.
Police found three spent shell casings on the scene. Also recovered was the rifle that had been tossed in a nearby shrub by the youth offender, who was sentenced to 240 days in jail for accessory after the fact last fall in connection to the case.
The three accused were later arrested after failing to pay their cab fare, and were described as extremely intoxicated, based on facts read in court.
The other aggravated assault count involved an incident from May 25, which took place at around 9:30 a.m. on the 1700 block of 104th Street.
The incident was described as a "drive-by" shooting in which Fineday fired the shots from a red van. A handgun was used in that incident, according to the facts outlined by the prosecution.
According to the prosecution, the shooting victim was not the intended target. Instead, the alleged target was a member of a rival gang, the Native Syndicate.
In her submission in court, prosecutor Schmidt noted the shootings were "motivated by gang activity" and referred to that as an aggravating factor.
She also referred to the shock from the community at large, saying it was "shocking it would happen in a residential area."
Schmidt referred to Fineday as representing a "new generation in the Terror Squad" and added his "propensity for gun violence should concern the court."
The Crown and defence both agreed to a joint submission calling for an 11-year jail sentence. Defence lawyer Jessie Buydens noted the difficult circumstances Fineday faced growing up and unresolved depression issues.
Also noted were the difficult circumstances Fineday faced during his time in remand. He was on a 23-and-a-half hour a day lockdown due to gang concerns, preventing him from participating in adequate programming. That justified a one-and-a-half-to-one credit for time served, she said.
Buydens also noted Fineday quickly took responsibility with his guilty plea, saving the court the cost of the preliminary and trial, as well as the need for witnesses to testify.
The 11-year jail sentence was within the range for such offences, it was noted by counsel as well as by Judge O'Hanlon. Fineday also has a criminal record including two prior robberies and an assault, but no similar types of offences to the shooting-related charges.
When asked to speak by Judge O'Hanlon, Fineday accepted responsibility for his actions.
"I made a lot of mistakes, I'd like to take responsibility now," said Fineday, who noted it was difficult due to being in lockdown 23 and a half hours a day. He also acknowledged that his actions had "caused an uproar in North Battleford."
Fineday's sentence means two of the three individuals charged in connection to the Sept. 1 shooting incident have now been dealt with in court. The third accused individual, Valen Nicotine, remains in custody and is due to have his matters return to court within the next couple of weeks.
