Six-year sentence levied

Page 5

A Saugeen First Nation man described by his lawyer as a "gentle bear of a man with no violent intent" has been sentenced to six years in prison for the accidental shooting of a camper on the Victoria Day weekend two years ago.

Garry Kewaquom, 58, was initially charged with second degree murder in the death of Allan Thompson, 26, who was shot in the face at point blank range after a dispute with Kewaquom's sister escalated to racial slurs.

Kewaquom later pled guilty when the charge was dropped to manslaughter.

During a 10-day sentencing hearing that stretched over several months and wrapped up in May, court heard that Kewaquom was a respected member of the Saugeen band who had often helped his sister Colleen Johnson calm down potentially violent situations at her campground on the Lake Huron reserve near Sauble Beach.

Kewaquom was not known to drink heavily, but that changed after his wife died in 1999.

A group of 17 young campers including Thompson arrived at Johnson's campground on May 20, 2000. A dispute broke out between Thompson's companion Pat Conway and Johnson's 16-year-old daughter Amanda about a $25 camping fee.

Fearing the situation was escalating out of control, Colleen Johnson called on Kewaquom to try to calm the situation.

In the past, just the presence of Kewaquom, who at 6 foot three inches tall and weighing 273 pounds was an imposing figure, usually settled things.

"This was not the first time she had called on him for his assistance in this way, although I doubt she had ever been as upset as she was at Conway's actions and words . . . . Given his size it is a reasonable assumption that a few words from him could have a calming effect," Justice Bruce Durno noted.

Kewaquom carried a 357-calibre handgun in the glove box of his truck. He used the gun to shoot rats around the garbage dump on the reserve.

Kewaquom had been drinking heavily that night; his blood alcohol level was nearly three times the legal limit for driving.

"I find that Mr. Kewaquom's intention when he went over to Colleen's was to first speak to the campers and try to calm them down . . . . Armed with the gun, Garry knew he had the means to enhance the level of his persuasive powers if the calming words failed," the judge said.

Kewaquom's presence seemed to ignite Conway's aggression further and Kewaquom pulled the gun with the intent of firing over the heads of the campers.

As Kewaquom raised his arm to fire the warning shot he pulled the trigger before his arm was fully extended.

"I find it was an accidental shooting from a deliberate discharge," said the judge.

Crown attorney Mike Martin said, "He went to calm a volatile situation carrying a gun," said Martin, who asked for a seven-to-10-year sentence.

But the judge found that a six-year prison sentence and a lifetime ban from owning firearms was more in keeping with sentences in similar cases.