A now 17-year-old accused previously pleaded guilty to aggravated assault and discharging a firearm with intent to wound.
On Wednesday he was sentenced to three years custody and community supervision, the maximum sentence allowed under the Youth Criminal Justice Act.
The accused, a member of the Indian Posse street gang, was visiting his grandmother’s Balmoral Street apartment on Jan. 27, 2010, when he got into an argument with his 27-year-old brother, a member of the Manitoba Warriors.
Court heard the older brother demanded that the accused leave and retired to his bedroom with his girlfriend, sister and young child. The accused pulled out a handgun, walked to the bedroom and shot his brother “at point blank range.”
“If he would shoot at his own brother, one has to wonder what he would do to somebody else he was angry with,” Crown attorney Mary Goska told court at an earlier sentencing hearing.
The victim was taken to hospital in critical condition but was quickly upgraded to stable and spent just one day in hospital.
Police arrested the accused 15 minutes after the shooting near Sherbrook Street and Sargent Avenue.
Defence lawyer Lori Van Dongen said the brothers have since patched up their differences.
“They have spoken and continue to speak, and amends have been made,” Van Dongen said Wednesday.
Goska and Van Dongen jointly recommended the teen receive the maximum youth sentence but disagreed what credit, if any, he should receive for the 16 months he spent in pre-sentence custody.
Goska argued the teen’s conduct while in custody disentitled him to any time credit. She said the teen has been at the centre of several gang incidents while in custody, has shown no desire to change, and remains a very high risk to reoffend.
Judge Sandy Chapman said the teen deserved consideration for his guilty plea and credited him one day for every day served prior to sentencing.
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