Man gets time served, probation after plea deal in shooting

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This article was published 12/7/2018 (218 days ago), so information in it may no longer be current.

A man who shot another man in the face received what Crown and defence counsel agreed was a "true plea bargain," getting sentenced to time served after spending approximately eight and a half months in jail.

Vincent Richard Angus Houle, 28, pleaded guilty just before a trial back in May to careless use of a firearm and unauthorized possession of a weapon.

Police received a call on Aug. 23, 2017 reporting that a man had been shot in the face, Crown attorney Brett Rach told the Brandon provincial court.

When they arrived on scene, officers learned the bullet had grazed the victim’s forehead, and he was being treated by paramedics for non-life threatening injuries.

Through further investigation, police learned Houle had gone to the home and got in an argument with some of the other people visiting, Rach said.

The victim got involved and Houle pulled out a .22 calibre sawed-off rifle.

The two got in a scuffle as the victim tried to disarm Houle, Rach said, and the man picked up a wooden chair to use as a barrier and also to try to push Houle out of the residence.

Houle pointed the gun at the man’s stomach and fired. The bullet ricocheted off the chair and hit the wall, where it deflected again and struck the victim in the forehead, Rach said.

"It appeared more as a cut than any type of a bullet wound," Rach said.

The Crown acknowledged it was a significantly lower sentence for this type of offence, Rach said, but there were a number of issues should the matter have gone to trial.

The victim was intoxicated the evening of the incident and admitted he didn’t have much recollection of the events, Rach said, adding he was not able to recognize Houle as he had never met him before that night.

Two key witnesses who were present during the shooting weren’t able to be located, and the other witness who was located told police he had left the residence before the altercation and the gunshot took place.

"There were huge exigencies with the Crown’s case and being able to prove exactly what happened here, and I think Mr. Houle should be given a great deal of credit for taking responsibility," Rach said. "All the witnesses would have been needed here to paint the full picture of what exactly happened."

Defence lawyer Ryan Fawcett said he agreed there were legitimate issues for trial and that their agreement deals with the matter sufficiently.

Houle also struggles with addiction issues, Fawcett added, and has since expressed wanting to go to a treatment program.

"I’m hoping he does follow up on that and we never see him back here again … he’s got a lot of life ahead of him," Fawcett said.

Judge Donovan Dvorak agreed with the recommendation and sentenced Houle to 380 days time served after receiving a credit for pre-sentence custody. He also has one year of supervised probation going forward.

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