Crown seeks jail for businessman who pointed shotgun in 'ugly' camp confrontation

An ugly, violent confrontation involving three men, an ax, a machete, a hunting knife and a shotgun, at a lake north of Sault Ste. Marie 14 months ago apparently erupted because of a joking comment about gill nets.

Details of the July 7, 2017 altercation were revealed Monday in a local courtroom, during the sentencing hearing for Albert Sewell, one of the trio of local residents facing criminal charges stemming from the incident.

The 62-year-old Batchewana First Nation businessman pleaded guilty in March to pointing a 12-gauge shotgun at Tammy McGonegal, the wife of a Goulais Township man involved in the confrontation.

The hostile encounter occurred on a summer afternoon at Gong Lake in Handelman Township, northeast of Searchmont, Ontario Court Justice Melanie Dunn was told as lawyers read from an agreed statement of fact.

The Crown called for a six-to-nine month jail term for Sewell, while the defence suggested a suspended sentence or a conditional sentence which would be served in the community.

Charges against Michael McGonegal, 48, of Goulais Township, and Peter Sewell, 40, an Anishinabek police officer and Albert Sewell's son, were withdrawn by the Crown.

The two men were placed on common-law peace bonds with the conditions that include no contact with each other and their families.

"It is mind-numbing to consider a bunch of adults, out for a good time with their families, could generate such an ugly spectacle of arrogance, violence and disrespect for others, in front of their own families, over nothing," prosecutor Richard Huneault said.

Dunn heard Albert Sewell and his family were at his cottage at the lake, and the McGonegals were at a nearby campsite where they have stayed for 40 years.

"The two families were nothing more than acquaintances," said Huneault, acting Crown attorney for Manitoulin Island and the District of Manitoulin.

Peter Sewell was heading out to fish on the lake, when his father-in-law yelled out to make sure he checked the nets.

"It was a joke. There were no nets being used," but the comment was overheard by McGonegal and his wife, said Huneault.

McGonegal drove his boat toward Sewell's craft, and when the pair were side by side, confronted Sewell, who indicated they were not using gill nets.

The situation became "quite ugly" as Sewell grabbed a fish net and McGonegal a paddle, and at the end of this confrontation McGonegal's boat collided with Sewell, who believed it was intentional, the prosecutor said.

After the men returned to their camps, Albert Sewell became upset about the idea that they were using nets, and his son jumped on an ATV with an ax and headed to the campsite.

The elder Sewell followed, on a vehicle which carried a shotgun because of bears in the area.

When he arrived at the campsite he saw Peter at one point with a hunting knife and McGonegal with a machete yelling at each other, Huneault said.

Albert took out the shotgun, loaded and cocked it, pointed it at McGonegal and then his wife, the judge heard.

"She was shocked and pushed it away," said the Crown, indicating there was a lot of yelling.

Peter pushed McGonegal into his wife, whose glasses fell off. Her daughter caught this on her cellphone.

The Sewells returned to their cottage and Albert later contacted police about the incident.

Officers were on their way to the lake the following morning when they received a call from McGonegal, who stated that Albert Sewell had come to their campsite with an excavator, threatening to block their road.

Huneault read Tammy McGonegal's victim impact statement to the court, describing her anger toward her husband for not protecting her, and the resulting panic attacks following this threatening incident and her fear of Albert Sewell.

"No one understands facing a loaded 12-guage shotgun" and thinking "you are going to be killed," she wrote.

She noted the "gross unfairness" of her 18-year-old daughter witnessing such an event and the fear that can be heard in the young woman's voice on the telephone video.

"These are grown men. Where is the respect for women and children?" McGonegal said, indicating "healing will take time." 

Willson told the court Albert Sewell doesn't recall cocking the firearm.

He pointed to a pre-sentence report that he said showed his client is basically a good person, who is well respected in his community and has worked hard all of his life.

Sewell has pleaded guilty and acknowledged he made a poor choice in pointing a firearm.

Willson said he saw a man with a machete, his son with an ax and got his shotgun.

Describing Sewell as a low-risk offender, the defence suggested his behaviour developed from an unfortunate incident at the lake and "spiralled out of control" over the issue of fishing, a long-time irritant between First Nations people and the province.

"It germinated from an unfortunate joke."

What occurred "appears to  be totally out of character for him," Willson said, indicating no alcohol was involved.

During his sentencing submission, Huneault pointed to a number of aggravating factors that he said would make a conditional sentence unreasonable.

He suggested the incident highlighted poor judgement upon poor judgement upon poor judgement by everyone.

This led to a snowball effect that resulted in Sewell's "unthinkable act with a firearm where he loaded and cocked it in front of children and points it at people at a close range."

The Sewells had gone to the McGonegal campsite with weapons "for only what could be perceived as confrontation," Huneault said.

"If they had chosen to stay home, to stay calm and not take any further action we wouldn't be here today," the prosecutor said. "That is a major aggravating factor." 

He noted the ongoing stress and traumatic effect of the incident, involving a loaded, cocked firearm, that could have easily discharged, on the victims, particularly the teenaged daughter. 

"The impression this leaves on a young person is etched forever. That's how scary it was."

Sewell has prior convictions in 2001 for assault causing bodily harm and assault.

Dunn reserved her decision on sentencing until Wednesday.

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