Prison Term Handed in Downtown Windsor Shooting
A Windsor man is going to prison for shooting another man three times in downtown Windsor.
After pleading guilty to aggravated assault, 25-year-old Nicolas McCullough was sentenced Monday afternoon to eight years in prison after shooting Phillip Nkrumah in September 2015, in an alley outside of a downtown nightclub.
Nkrumah was shot three times in the leg and groin area following an altercation.
McCullough had originally be charged with attempted murder but pleaded guilty, ten days into his trial, to the less serious offence of aggravated assault and other weapons offences.
In handing down his sentence Justice Renee Pomerance told the court given the shooting took place in a public place, the victim was shot three times, a prohibited weapon was involved and McCullough was in violation of court orders when the shooting occurred, that eight years is appropriate.
The assistant crown had been asking for a prison term of eight years, while the defence argued for five years.
"I thought it was a very fair sentence considering all the background factors related to the accused but also the very serious nature of this crime," said Assistant Crown Renee Puskas outside of Superior Court. "I indicated to the court that it presented a danger to the public, how could it not? When somebody shoots somebody else in a public alley, facing a street near a nightclub outside, so I think that is obviously a big factor."
The fact the victim was shot below the waist, called into question attempted murder according to Puskas.
"If you have a large calibre gun and shoot somebody at close range where it might hit them in the chest or in the head, I think one can infer an intent for murder," she says. "But in this case it was a small calibre gun, from about 2-3 feet away, aimed generally in his groin area."
Although court heard McCullough had a difficult childhood, Justice Pomerance said that doesn't give somebody a license to commit a crime.
"If you [McCullough] remain on your current path, you will spend much of your remaining life in jail,' said Justice Pomerance.
McCullough will receive credit for time served, so the remain time behind bars is just over 6.5 years in prison.