(File photo/paNOW Staff)

By Nigel Maxwell

Court proceedings

BB gun toting gang member receives 12-month jail sentence

Jan 27, 2022 | 2:00 PM

A man responsible for two assaults, including one where he shot the victim in the face, has received a 12-month jail sentence.

Xavier Smith, 22, appeared by video Thursday at Prince Albert Provincial Court. His legal aid lawyer would enter a number of guilty pleas on his behalf.

The incidents all date back to July of 2021. In the first instance, Smith was given a ride to Prince Albert from Montreal Lake Cree Nation (MLCN), but while the vehicle was parked at a residence and the owner inside, Smith proceeded to jump into the driver’s seat and drove the vehicle back to MLCN. He was later found with the keys and the vehicle had a flat tire.

Two days later, while riding his bike on the reserve, Smith approached a man walking, and after yelling “T.S.”, struck the victim in the forehead area with a metal object. The victim ran off and later received a couple stitches in hospital for a half inch slit.

The most serious of the offences took place on the reserve on July 15, 2021. Smith had gone to a house and asked a man for money. Using a BB gun, he shot the man in the eye area.

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According to Senior Crown Prosecutor Keith Amyotte, the victim continues to have a “blurry spot” and may need surgery to remove the pellet, still lodged in the skin.

Upon his arrest, Smith was again heard muttering “T.S.”

Defence lawyer Loretta Markowski explained her client had starting using alcohol as young as 12, and drinking to the point of blacking out.

By age 14 he began experimenting with narcotics, both cocaine and crystal meth. She also explained that following the death of his brother in 2016, Smith was dealing with depression and received treatment at Sask. Hospital in North Battleford. Markowski also mentioned Smith has more recently made a commitment to completing his Grade 12 and wants to go back to working with his dad.

The one-year jail sentence represents a joint submission from the Crown and Defence, and Smith was granted 294 days credit for time spent in remand. He was also ordered not to possess any firearms or explosives (including fireworks) for a period of 10 years.

Referring to Smith’s offences as “troubling” and even “horrifying”, Judge Healey told Smith he was getting a break, but reminded him if he was back before the courts on similar charges, he would be facing a longer time in custody.

“You are at a crossroads, Mr. Smith,” he said.

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nigel.maxwell@pattisonmedia.com

On Twitter: @nigelmaxwell