Guilty pleas have been entered in connection with a Jan. 5 shooting incident in North Battleford.
Clayton Favel was in court Tuesday and entered guilty pleas to eight counts in connection to the incident, which took place outside the Keg Room on the 900 block of 101st Street. One individual was wounded in the shooting incident.
While Favel was originally charged with attempted murder, he has instead entered a guilty plea to the lesser offence of aggravated assault.
He also pled guilty to possession of a prohibited weapon, benefitting a criminal organization (the Terror Squad), two counts of possession of a stolen vehicle, two counts of operating a motor vehicle while disqualified and flight from police. The Crown withdrew all other charges at the conclusion of sentencing.
Favel received a jail sentence of four and a half years from Judge Bruce Bauer, less remand time credited at 165 days. The sentence includes consecutive sentences for the aggravated assault, criminal organization and flight from police counts. Favel also received a weapons prohibition, a DNA order and a three-year driving prohibition. A no-contact order involving several individuals was also imposed. Each count carries a $200 victims surcharge, for a total of $1,600.
The length of the jail sentence means Favel will serve his time in the penitentiary system.
Bauer’s sentence went along with a joint submission from both the Crown and defence. Favel was present in court for the sentence.
According to the facts outlined in court, Favel approached the shooting victim’s car, drove up parallel beside it in a red Dodge and fired several shots into the side of the car and into the Keg Room itself. One round struck the shooting victim in the mouth. The incident took place around 12:15 a.m.
Later, the suspect was pursued by police down Highway 4 and was eventually arrested at Red Pheasant First Nation.
According to the Crown submission there had been a number of aggravating factors, one of which was the fact the actions were benefitting a criminal organization, the Terror Squad.
Other aggravating factors included use of a firearm and the victim having been shot in the face. The flight from police and circumstances surrounding it were also seen as aggravating.
However, there were also mitigating factors. One was a lack of evidence for the Crown to work with, something the Crown and defence both acknowledged.
The defence described the Crown’s case as “largely circumstantial” and witnesses as “less than co-operative,” with the shooting victim refusing to co-operate with police. Surveillance video from the scene also did not provide a good view of the face of the accused. However, the circumstantial case did indicate Favel’s involvement.
Gladue factors were also noted as mitigating in this case. Defence counsel Bill Archer noted the accused came from a “chaotic” family background with foster care and exposure to family violence and alcohol abuse.
Given that family background, the defence counsel made the point that Favel’s gang involvement filled the void. The gang “almost becomes his extended family,” Archer said.
Both Crown and defence had also noted gang involvement and gang crime was a problem in North Battleford and the surrounding area.
Overall, the global sentence of four-and-a-half years was considered on the lower end of the range for Favel’s activity. Judge Bauer took into account the Gladue and other mitigating factors in imposing sentence, but noted the several aggravating factors including shooting somebody in the face, using a stolen vehicle, fleeing police and taking part in this activity to promote the gang.
