A Chatham man initially charged with attempted murder following a shooting in downtown Chatham will be sentenced next month on a lesser charge of aggravated assault.
Jared Atwell, 27, is set to be sentenced on June 5, 2025 after appearing in Chatham's Ontario Court of Justice on Monday afternoon where a joint submission was presented by the prosecution and defence.
Atwell's lawyer Frank Retar told the court the joint submission negotiated with Crown Attorney James Boonstra is seeking a two year sentence over and above the time already served and enhanced credit which equals a total of 3.5 years.
Both parties are also looking for a ban on weapons and a DNA sample.
The defence noted the sentencing range for aggravated assault is usually 5-7 years behind bars and a maximum of 14 years for the most serious cases, but this case didn't meet that threshold.
Atwell's lawyer added that this shooting was not premeditated, was simply a reaction to a confrontation, there was no surveillance video, there were identity issues, and the prosecution had a weak case against his client.
Retar noted the general public would view a conviction as a better outcome than having someone found not guilty at trial and walking free.
"This is a fair and just resolution for the Crown and defence," Retar said.
The prosecution said a guilty plea by Atwell should be a factor and should be recognized.
"I never would have been able to prove a premeditation in this case," said Boostra.
The prosecution also said some witnesses failed to show up to court and the victim only attended the proceedings once out of three days.
The court previously heard that the victim, Kyle Wright-Morgan, 33, was hit by three bullets, in the neck, in the lung, and in the hip, and was taken to hospital after the shooting in the area of King Street West and Fifth Street in downtown Chatham early on a Sunday morning on April 30, 2023.
Chatham-Kent police previously said the victim was shot after having a confrontation with the suspect at around 1 a.m. as the bars were about to close.
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