A photo taken at the time of the incident in December, 2021 at Muskoday First Nation. (Submitted photo)

By Nigel Maxwell

Attempted murder

Attempted murder results in eight-year prison sentence

Jan 12, 2023 | 1:54 PM

Editor’s note: The following story contains graphic details of violence

A man who struck his victim in the head multiple times with a weapon, before shooting him a total of three times, has received an eight-year prison sentence.

Brandon Scott Bear, 25, was sentenced Thursday morning at Prince Albert Provincial Court. A guilty plea to attempted murder with a prohibited weapon was entered last November.

The court case itself dates back to early Dec. 2021, when two men from Muskoday First Nation were initially charged with attempted murder, robbery, and forcible confinement.

Reading the agreed statement of facts Crown lawyer Kristen Hubbard explained the victim and the two accused had been drinking together the night prior. The next morning, Brandon Bear took the victim into the bathroom, asked him to turn around, then proceeded to hit him over the head with what was described as either a hammer or a gun. Bear was at the time carrying two guns and shot the victim once in the abdomen area.

No arrests made

RCMP investigating arson at provincial fire base

40m ago

ARSON

Two charged with setting fires in northern Sask.

16h ago

wildfire response

No damage after Pisew fire advancement leads to early morning emergency alert

17h ago

“Brandon then asked him if he wanted to go the easy way or the hard way,” Hubbard read.

The victim was then ordered at gunpoint to get into a vehicle and was driven to another location on the reserve, only to be told to get out and run. The victim was again shot in the lower rib area and then taken back to the original location, where he was non-fatally shot once in the head.

The entire assault lasted over the course of several hours and the victim was eventually able to leave the place where he was being held and seek assistance from a member of the public who drove him to a safe location and emergency services were called. The man, who was 39 years old at the time, received medical attention for what were described as critical injuries.

Upon arresting Bear the same day, police found a gun hidden in a toilet tank, as well as a second gun under a pillow in a bedroom.

Defence

Thomas Hynes explained his client had no real explanation for why he did what he did.

Providing background on his client, Hynes explained his mother, who drank heavily herself, kicked him out of the house at age 11, and he started drinking around the same time. By age 14, he was experimenting with drugs.

Hynes explained to the court that the joint submission presented came after significant discussions between lawyers.

While Bear has attempted treatment, he acknowledged continued struggles with addictions and was high on methamphetamine at the time he attacked his victim. When given the opportunity in court to speak, Bear apologized for his actions and said he aims to get help while in prison.

The judge’s decision

Prior to agreeing to the joint submission presented, Judge Schiefner did take a short recess to consider if it was appropriate. Upon returning, he noted after hearing all the facts, he did originally consider the proposed sentence on the low end. For a charge of this sentence, the typical range of sentencing is 4-16 years.

“The conduct was heinous,” Schiefner said.

Reading from Bear’s criminal record, Schiefner also noted 36 convictions in the last six years, with many having to do with violence. Schiefner then explained he was later provided more confidence after reviewing the mitigating factors that included Bear’s acceptance of responsibility and personal background.

“Your struggles as a youth are relevant to your culpability,” he said.

Schiefner also reminded Bear his actions not only had a big impact on the victim’s family but also on the community as a whole.

At the time of the attempted murder incident, Bear was on an order not to possess any firearms. For his breach, he received a one-year sentence, that will run consecutively to his attempted murder conviction. He also received 601 days credit for time spent in remand. Upon his eventual release from custody he will be prohibited from owning or possessing any firearms for life.

Reaction from the victim’s family

Karen Bear, the mother of the victim, and no relation to Brandon, was in attendance for Thursday’s sentencing hearing. She told paNOW she was disappointed Brandon did not get more time.

‘The way it was done… they tortured him slowly and he actually should be dead,” she said.

In the courtroom, Bear told the judge her son continues to struggle. Later outside the courthouse, she further explained her son’s mental health has deteriorated and he’s been unable to return to work. Added to the mother’s frustration was Bear’s lack of answers as to why he did it.

“I’ve never been told the ‘why,'” she said. “There has to be more. I think it’s just the type of person he is”

Charges against the co-accused Patrick Bear were withdrawn last November, at the same time when Brandon took responsibility for the crime. Karen Bear thinks Patrick should still have been charged, given that he was present and could have stepped in to stop what was happening.

–

nigel.maxwell@pattisonmedia.com

On Twitter: @nigelmaxwell