Sentencing pushed back for Gong Lake incident

The sentencing of a Batchewana First Nation businessman, convicted of pointing a 12-gauge shotgun at a woman during an altercation involving boaters at a lake north of the city, has been put over until next week.

Ontario Court Justice Melanie Dunn was slated to give her decision Wednesday, but adjourned the matter until Oct. 12.

Albert Sewell, 62, pleaded guilty to the firearm charge, which stemmed from a violent July 7, 2017 confrontation at Gong Lake, northeast of Searchmont, in March.

At a sentencing hearing Monday, the Crown argued that he should receive a six-to-nine-month jail term for pointing the gun at Tammy McGonegal

The defence asked the judge to impose a suspended sentence or a conditional sentence, which would be served in the community.

In an agreed statement of facts, Dunn heard about the incident that began with a joke and snowballed into what prosecutor Richard Huneault called an "ugly spectacle" involving three men and their families.

The trio was charged with a number of offences.

On Monday, the Crown withdrew counts against Sewell's son, Peter, 40, an Anishinabek police officer, and Michael McGonegal, 48, of Goulais Township.

Dunn placed the pair on common-law peace bonds with conditions that include no communication between the two men and their families.

They also must stay away from each other other's residences, workplaces and places of education.

In addition to the jail term for Albert Sewell, the prosecution wants him placed on probation for 12 months, with a no-contact condition with McGonegal, his wife Tammy and other members of their family.

As well, Huneault asked that Sewell be ordered not to interfere with the McGonegals' lawful enjoyment of their campsite at Gong Lake.

He also wants Dunn to impose a five-year weapons prohibition.

The Crown said he was aware that hunting and fishing for sustenance are part of Sewell's culture, but the prohibition "is reasonable in the circumstances."

"He's capable of losing his cool," Huneault said. "It's a scary thing," when a loaded shotgun is pointed at people.

Defence counsel Bruce Willson told the judge his client has accepted responsibility for his actions.

Sewell also acknowledged to the writer of a pre-sentence report that he made a poor choice when he pointed the firearm and made statements he shouldn't have, the lawyer said.

"A traditional custodial sentence would not be appropriate," Willson maintained.

Calling for "a restorative type of sentence," he suggested Sewell could do community service, which would benefit the First Nation.

Willson urged the judge not to impose the weapons prohibition, because Sewell hunts for sustenance.

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