REGINA – Devon Wayne Cyr, 29, found out just how much more time he will spend behind bars this morning.
A jury in Regina Court of King’s Bench found the man guilty of manslaughter back on March 1, a lesser charge from second-degree murder, in the Jan. 25, 2020 death of Isaiah Trent Allary.
Allary, 24, was deceased when police discovered him on the 1200 block of Rae Street, having succumbed to a gunshot wound to the chest. Allary was the city’s third homicide of 2020.
While reading his 37-page written decision on July 7, Justice Richard Elson explained Allary died from a gunshot wound to the left upper chest, courtesy the .22 calibre rifle in Cyr's hands. He also spent a great deal of time focusing on the Gladue factors in relation to this case, often citing a report Dr. Michelle Stewart filed.
A key point Justice Elson emphasized was a life-changing event Cyr experienced in Saskatoon during the summer of 2015. After a foot chase, Cyr found himself “trapped in a corner, shot and bleeding” as another man approached with a sawed off shotgun. Cyr was shot in the face at close range by Dale Ahpay, who was confident that Cyr has died as a result.
Fortunately, the shotgun was loaded with duck shot, and Cyr miraculously recovered after a three-month coma and major facial reconstruction. However, the incident meant the almost complete loss of Cyr’s nose.
Dr. Stewart stressed in her report how such an event carries life-long trauma for the victim on many levels. She noted that Cyr experienced ongoing personal and emotional issues as a result, which ultimately led to a crystal meth addiction, a “diminished outlook on his life,” and suicide attempts.
According to testimony during Cyr’s trial, Allary had made disparaging remarks about the man’s disfigurement, thus enraging Cyr.
Justice Elson also considered the aggravating factors presented by the Crown, pointing to the “near murder” label on the manslaughter conviction, that the weapon Cyr used was in “flagrant disregard” to a probation order, and even the discharge of the firearm in a residential neighbourhood.
“All of these circumstances, when considered in the context of Mr. Cyr’s criminal record as an adult, present as aggravating,” he said.
A pair of victim impact statements were filed as well from Allary’s sister and his partner, who is now raising their daughter alone.
“Of all the people she has lost in her life, Mr. Allary is the only person she cannot let go of,” Justice Elson said, referring to the letter from Allary’s partner.
“Even the most compelling Gladue factors cannot vitiate the voluntariness and malice of Mr. Cyr’s conduct, and the pain it has brought upon Mr. Allary’s family,” said Justice Elson, reading more of the Crown’s position. “That conduct calls for a substantial penitentiary sentence, one falling between 12 to 16 years.”
While the Crown suggested a range between 12 years to a life sentence for Cyr, Defence counsel asked for a 12-year global sentence on all charges, based on 10 years for manslaughter and one year each for resisting arrest and possession of a prohibited weapon.
Ultimately, Justice Elson sentenced Cyr to 14 years imprisonment for the manslaughter charge. He will also serve six months concurrent for resisting a police officer, and one year concurrent for possession of a prohibited weapon.
Cyr has been in custody since Jan. 26, 2020 - some 1,258 actual days. Given remand credit for an enhanced 1,887 days, that leave 3,223 days remaining for Cyr to serve - nearly nine years.
Senior Crown prosecutor Derek Davidson met with reporters outside the courthouse for his thoughts on what had transpired in the hour previous.
“Hopefully this provides some closure to Mr Allary’s family,” he said, describing Justice Elson’s decision as “a very serious sentence.”
“It wasn’t what the Crown was asking for, but it also wasn’t what the Defence was asking for,” Davidson continued. “The Justice gave what he felt was a just decision, and it fell somewhere in the middle.”
The range of sentencing for manslaughter is very open, from a discharge to life behind bars.
“This was a very serious shooting with the intent to wound where the individual died,” said Davidson. “If someone is shot, the likely outcome is they pass. The jury made their conclusion of manslaughter, we accept that. It puts this particular manslaughter in the ‘near murder’ category.”
Family members in the gallery were overheard weeping, and Davidson noted his experience with the family was “heartbreak.”
“This is something no family wants to go through,” he said. “He had a young child, the mother of his child is now raising their child alone.”
Defence lawyer Adam Fritzler offered a quick statement authorized by his office and Cyr.
“We’re glad now that Mr. Allary’s family, Mr. Cyr, and everyone involved can move on and focus on the healing process,” he told reporters. “The events and decision reflect the tragic history of intergenerational trauma that's led to the current state of the aboriginal population in Saskatchewan.”
While Fritzler noted that the jury’s findings are respected, the ultimate decision will be reviewed.
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