Sentencing hearing in August for men arrested in shootings
Two men charged in connection with two shootings in the St. John’s area will have their sentencing hearing heard in the summer.
And while lawyers haven’t said what kind of sentence they’ll look for, the defence and Crown will seek different sentences.
When the case of Jason Earl Marsh, 38, and Chris Shaw, 34, was called in Newfoundland Supreme Court Wednesday, Justice William Goodridge asked lawyers if there would be a joint submission, an agreed sentenced. Arnold Hussey, who represents Marsh, said there wouldn’t be.
The hearing has been scheduled for Aug. 9, as Hussey, and Shaw’s lawyer, Kevin Baker, have requested pre-sentence reports, which can take up to eight weeks to complete.
Marsh and Shaw had originally pleaded not guilty to several serious charges, including attempted murder, but on Tuesday, midway through their trial, they opted to plead guilty to many of the lesser charges.
Marsh pleaded guilty to 12 counts, including two counts each of aggravated assault and possessing a prohibited weapon, along with counts of assault with a weapon and discharging a firearm with intent to harm or endanger the life of a man, other weapons charges and a court breach.
Shaw is entering guilty pleas to five counts — four weapons offences, including transferring a firearm without authorization, possessing an unloaded restricted firearm together with readily accessible ammunition without authorization or a licence, breaching the Firearms Act regarding storage, handling, transportation and shipping of firearms and restricted weapons and breaching a court order.
Goodridge accepted the guilty pleas Wednesday and asked Marsh and Shaw if they were doing it voluntarily.
“I have to make sure you know what you’re doing,” the judge said.
Both men said they do. Prosecutor Lisa Stead withdrew most of the other charges, except the attempted murder charge against both men. However, it’s anticipated she will drop that charge once the facts from the other charges have been accepted at the hearing.
Together, Marsh and Shaw had faced almost 26 charges in connection with two separate 2013 shootings that police say were targeted.
The serious assault on one man happened Sept. 9, 2013, at a house on Boyle Street. The men are also suspected of trying to kill another man on Nov. 11, 2013, at a house on Williams Heights.
Marsh and Shaw were arrested as a result of an undercover sting.
The “Mr. Big” operation involved Ontario police officers, since Marsh and Shaw were familiar with local officers.
One officer posed as an inmate in an adjacent cell to Marsh at the St. John’s Lockup in December 2013 after he was picked up on a charge of breaching court orders from an unrelated matter. Conversations with Marsh inside the lockup, as well as contact after he was released, led officers to find out information about both shootings.
Goodridge turned down an application by the defence to have the men’s statements made to the undercover police officers during the operation thrown out.