Killer gets 71/2 years for botched drug robbery

Killing a man in a northeast mall parking lot during a botched drug robbery landed Ausama Mohamed a 7½-year prison sentence Tuesday.

The sentence from Court of Queen’s Bench Justice Beth Hughes came soon after Crown prosecutor Brian Holtby argued for a sentence of 10 to 12 years to send a stronger message of denunciation for such crimes.

“It’s time for the court to reassess the effectiveness of the sentences imposed,” he said.

He noted from January 2013 to when Itgel Baatarsuren, 22, was shot by Mohamed on Jan. 23, 2017, there had been 19 drug-related homicides in Calgary — crimes, he said, that haven’t been taken seriously enough.

“That’s wrong … if there were 19 convenience store clerks shot and killed, we’d be up in arms,” said Holtby.

With credit for time served in remand, Mohamed will serve five years and seven months.

Mohamed, 19, pleaded guilty to manslaughter for accidentally shooting Baatarsuren in the head with a rifle outside the Pacific Place mall on 36th Street N.E. with the intention of stealing crack cocaine.

He fled the scene without any drugs, disposed of the rifle — which has never been found — and attempted to leave the country before he was arrested.

In a victim-impact statement read in court by Holtby, Baatarsuren’s mother, Tuya, said her family’s dream of a better life in Canada after leaving their native Mongolia in 2005 is in ruins.

“Now, every single minute we regret our decision (to emigrate) … we sacrificed for our children by coming to Canada,” said the mother of two.

“This person didn’t just kill my son, he killed four people.”

Holtby argued the crime was on the serious end of the manslaughter scale because Mohamed brought a firearm to a robbery and pointed it at Baatarsuren’s head, knowing it could easily lead to at least life-threatening injury.

Defence lawyer Alain Hepner suggested a six-year sentence for Mohamed on the basis he was only 18 at the time, and he pleaded

This person didn’t just kill my son, he killed four people.

guilty, thus avoiding a trial. Hepner added that Mohamed showed remorse and didn’t intend to kill Baatarsuren.

“There was no intention to harm or injure … he didn’t go there to shoot,” said Hepner.

Just before he was sentenced, Mohamed told court he was taking full responsibility for the crime, but added “I don’t think such a harsh penalty should be imposed. It was a mistake.”

Afterwards, Baatarsuren’s younger sister, Enerel, said the sentence was “unfair, but nothing will satisfy us.”

She also said Mohamed’s statement to the court was worthless because it lacked an apology.