Alexander McKenna pleaded guilty Monday to shooting another man with a handgun during a confrontation two years ago at a bar in Sault Ste. Marie's west end.
The 37-year-old was convicted of aggravated assault, possession of a loaded, restricted firearm and possession of a firearm while prohibited in connection with the Oct. 20, 2013 incident at the "Rosie."
McKenna was charged with attempted murder in the shooting of Scott Donofrio Sr. at what was then the Roosevelt Hotel, but the Crown amended the indictment Monday to a count of aggravated assault by wounding.
Superior Court Justice Ian McMillan imposed a global sentence of four years for the offences - a sentence jointly recommended by the Crown and the defence.
The judge gave McKenna 1.5 days credit for each day he has spent in custody since he turned himself in to police on Nov. 1, 2013, leaving him with a further 10.5 months to serve behind bars.
The court heard Donofrio was at the Korah Road hotel with his two sons and a friend Kim Danz.
Except for one of Donofrio 's sons, all were under the influence of alcohol, prosecutor Karen Pritchard said.
Prior to this night, Donofrio had had no interaction with McKenna, but Danz had previous confrontations with the accused, she told McMillan.
McKenna, who had left the bar prior to Donofrio 's arrival, received a text message about 1:30 a.m. from his former partner asking him to come back.
He declined, and she sent further messages indicating Danz was there and suggested it was maybe not a good idea for McKenna to come there, Pritchard said.
McKenna responded: "LMAO. I'm on my way. He showed up there looking for me because I'm on my own now. I was warned about that."
She texted that Danz said "he just has a problem with you."
During the same time, McKenna was exchanging messages with another woman, who indicated Danz was fighting with his ex -partner's husband and she was fighting him, the assistant Crown attorney said.
When McKenna arrived at the bar, an altercation, involving him, Donofrio' s party and others broke out and he drew a .38 calibre handgun.
Donofrio approached him, and when someone questioned whether it was a real gun or even loaded, McKenna discharged it, sending a bullet into the ceiling.
As Donofrio moved towards him, McKenna "shot him through the left abdomen within close range," Pritchard said.
McKenna said "You just ruined my life" and left the bar.
The bullet travelled through Donofrio's torso and lodged in his right hip.
He underwent emergency surgery for a perforated bowel and appendix.
During the surgery, the doctors decided for medical reasons not to remove the bullet and it remains in his hip, Pritchard said.
Defence counsel Terry Waltenbury told the judge McKenna and his ex share a child together, and he received information that she and her husband were being assaulted by a group of people, including Danz, who wouldn't let them leave the bar.
McKenna was attacked by several people when he walked into the bar, the Sudbury lawyer said.
After pulling out the gun, McKenna was backing away and pulled the trigger when someone made a comment about the firearm, he said.
"Even after that" a witness described Donofrio running towards McKenna and "that's when he was shot," and McKenna uttered the words about his life being ruined, Waltenbury explained.
McKenna "didn't want to shoot anyone that night," he told the judge.
Waltenbury said there were problems with the Crown's case because the witnesses were very drunk, their statements were contradictory and some were not co-operative.
Donofrio and his party had been drinking all day, and prior to going to the Rosie he had been asked to leave another bar because of his level of his intoxication, the defence said.
As well, Danz has a history of belligerent, intoxicated behaviour and has assaulted people in bars, Waltenbury said.
There is an aspect of self-defence in the case, but his client wasn't formally claiming that, he added.
In resolving the case, the Crown took into account the need for denunciation and deterrence, Pritchard said, noting the court was dealing with an illegal handgun that had been discharged in public injuring someone.
"It was a terrifying experience for all of the people in the bar that night," she said.
When he imposed sentence, McMillan said "this case represents a perfect example of why weapons of this nature - handguns - are restricted, prohibited weapons."
Maybe McKenna went there with no intention to shoot someone, but if he hadn't been carrying the weapon the shooting wouldn't have happened, he said.
"I had two long years to think about the mistake I made that night, " McKenna told the judge. "I'm happy to move on with my life."
McMillan noted the accused's guilty pleas had saved the administration of justice the considerable time and expense of proceeding with a trial.
In accepting the Crown and defence proposed sentence, he said McKenna's criminal record is dated with convictions in the late 1980s and 2003 to 2005, including a 2004 violent offence (assault).
Once McKenna does the rest of his time, he will be on probation for three years with conditions that include no communication or contact with Donofrio, his family and Danz.
McMillan also imposed a further lifetime weapons prohibition and ordered McKenna to provide a DNA sample for the national database.
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