By Angela Brown

Two men sentenced for January shooting in N.B.

Jun 21, 2018 | 2:00 PM

Two men involved in a January shooting in which a North Battleford man was shot in the leg were sentenced to more time in custody at North Battleford provincial court Wednesday. 

Both Timothy Leask and co-accused Dakota Whitstone pleaded guilty to assault with a weapon – a baseball bat – and to discharging a firearm with intent to wound. Leask appeared via video link from Saskatoon, while Whitstone was present in person in the courtroom. 

The court heard Leask and his companion Whitstone came to the victim’s garage brandishing baseball bats Jan. 14 after Leask got into a dispute with the victim. After leaving, the Crown said Leask sent a text message threatening to shoot the complainant. Leask returned to the garage with a gun on Jan. 15, the Crown said, and Whitstone also showed up as backup. According to the Crown, the complainant said “don’t shoot me” before he was shot with buckshot, and was taken to hospital for treatment.

Defence lawyer Kevin Hill said Leask, 45, acknowledged “he is too old for this kind of drama.” He said Leask has been dealing with a drug addiction that “played a role” in the incident, which ultimately got out of control.

“It’s became a toxic stew of anger and misunderstanding that culminated in a really terrible incident,” Hill said.

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Defence lawyer Tanner Daniels said Whitstone, 25, is impressionable and made an “error in judgement.” He said Whitstone is also grieving the death of his brother, Brydon Whitstone, who died after he was fatally shot by the RCMP in a car chase in North Battleford in October of 2017. The lawyer added Whitstone also struggles with an alcohol addiction, which he wants to work on.  

“Hopefully, he will get some personal counselling,” Daniels said.

Judge Brent Klause accepted a joint recommendation from the Crown and defence counsels.

Leask was sentenced to six years in custody. With credit for time already served, he now has five years and 134 days left to serve. Whitstone was sentenced to 4.5 years in custody less six months’ time already served, meaning he has four years remaining.

Both Leask and Whitstone also received a 10-year firearms ban and were ordered to have no contact with their victim and provide DNA samples.

angela.brown@jpbg.ca

On Twitter: @battlefordsNOW