Inuvik, N.W.T., shooter appeals 9-year sentence
Lawyer argues man was wrongfully convicted of attempted murder, judge minimized mistakes RCMP made
The fate of an Inuvik, N.W.T., man serving a nine-year prison sentence is now in the hands of three Northwest Territories Court of Appeal judges.
The judges are weighing arguments made in court on Tuesday during William Aleekuk's appeal of his sentence for attempted murder, using a firearm with intent to wound, and aggravated assault.
Aleekuk, 42, was sentenced for approaching a man who was sitting in his truck outside the Mad Trapper bar in Inuvik and firing two shotgun blasts at the man's head. The incident happened on Oct. 10, 2021. The victim suffered serious but not life-threatening injuries.
In court on Tuesday, Aleekuk's lawyer argued that the judge made a mistake in concluding that Aleekuk intended to kill when he fired the shotgun blasts. Carly Peddle said that, because no evidence about Aleekuk's intent was presented at trial, the judge had to be certain that death was an imminent outcome in order to find Aleekuk guilty of attempted murder.
Peddle said the shotgun shells Aleekuk fired at the man contained birdshot, and he fired at the victim through the truck window.
"It's actually not clear that birdshot is designed to cause human death," she argued.
The prosecutor said it was obvious that death was a reasonable outcome.
"What we have here is an individual who took a gun out of his vehicle, walked around a corner, aimed the gun at the victim at close range and opened fire," said prosecutor Blair MacPherson.
Judge Robert Gorin found Aleekuk guilty two years ago. In his decision, he acknowledged that the ammunition was less lethal than other types, but added, "given the short range from which the gun was fired on both occasions, given that it was aimed at the victim's head, and given the number of shots fired, I am satisfied that it has been proven beyond a reasonable doubt that Mr. Aleekuk fired the shotgun … with the intention to kill him."
Peddle also argued that the judge minimized the way the RCMP violated Aleekuk's constitutional rights when they searched his car without a warrant. She also argued that Aleekuk should not have been convicted of both attempted murder and aggravated assault for the same act.
The appeal court judges have reserved their decision.