Man given six years for shooting at vehicle

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This article was published 24/06/2020 (1999 days ago), so information in it may no longer be current.

A man was sentenced to six years in prison on Tuesday for shooting at a vehicle from his semi-truck after he was assaulted and robbed, but still maintains his innocence.

Randall Neill McCargar, 63, who represented himself, was convicted of shooting at a car full of people in February. He continued to argue his innocence while Justice Scott Abel was delivering his decision, saying the witnesses who testified were lying.

“They’re both lying, I told you that. They’re lying — they weren’t even there. They’re the real bandits. I proved that already,” McCargar said in the middle of the judge reading his decision.

McCargar pleaded not guilty to two counts of discharging a firearm with intent to wound or endanger life and one count of possessing a firearm without a licence at the beginning of a week-long trial in Brandon Court of Queen’s Bench in November.

The court heard witnesses describe how McCargar shot at a group of people as they fled the parking lot behind the Petro-Canada at the intersection of First Street and the Trans-Canada Highway on July 12, 2018.

McCargar told police he was sleeping in the semi-truck when he heard a knock on the driver’s-side door and opened it to find a woman he’d met at a downtown bar the night prior.

When he opened the door, a man and a woman forced their way into the semi and immediately started beating him, he testified.

McCargar started screaming at them to get out, he said, and was eventually able to push them out of the semi-truck.

At some point in the scuffle, McCargar said they took his wallet, which contained approximately $13,000.

The teenage girl who sustained gunshot wounds to her face and neck testified she went for a ride with a group of family friends to get alcohol from the vendor, but they drove to the North Hill instead, parking in the lot behind the Petro-Canada at the intersection of First Street and the Trans-Canada Highway.

Abel said the teenage girl spent 12 to 13 days in hospital with a pellet lodged in her neck following the shooting.

The other passengers — three women and one man — got out and approached the driver’s-side door of a semi-truck parked in the lot, the girl said, while she stayed in the vehicle.

Following the altercation with McCargar, the other passengers rushed back to the vehicle and they began to drive away.

One of the passengers who went into the semi-truck testified that he looked back and saw the accused holding a shotgun. He said he put his hands up to his head and was shot.

In his closing arguments, McCargar told the court he didn’t shoot anybody and that he was set up, adding he was not the actual driver of the semi-truck but hired on as a helper.

McCargar further claimed that an Alberta driver’s licence police found on him with his name, date of birth and photo on it was not him, but that of the alleged driver — a different Randall McCargar.

Abel said the primary consideration in the sentence had to be denunciation and deterrence. He acknowledged the robbery did happen and McCargar was not the instigator, but his response to it was not proportional.

“The fundamental purpose of the sentence is to protect society and contribute to a peaceful, safe and just society,” he said.

The judge noted a pre-sentence report was ordered, but couldn’t be prepared as the accused didn’t co-operate in its preparation. Abel said though that McCargar didn’t have a criminal record prior to the July 2018 incident and had previously lived a successful life.

Crown attorney Grant Hughes recommended a sentence of 12 years in prison, while McCargar did not recommend a sentence for himself.

Abel sentenced him to six years for the discharge with intent to wound or endanger life charges and one year for the charge of possessing a firearm without a licence, minus time already served.

McCargar continued to disagree and argue his innocence after Abel finished giving his decision.

“I’d just like to know how you figure I’m guilty when I’m not, they lied on the stand. … I’m an innocent man, that’s what I’d like to tell you.” he said.

Abel said McCargar has the option to appeal the sentence if he does not believe it is fair.

» dmay@brandonsun.com

» Twitter: @DrewMay_