Man gets 17 years in prison for ‘near murder’ gang shooting

Prior criminal record and risk of reoffending informs judge’s sentence

The fact that Dale Cory Ahpay was roaming Saskatoon’s Pleasant Hill neighbourhood with a hidden, loaded, prohibited shotgun before shooting a man “execution style” warrants a lengthy penitentiary sentence, a Queen’s Bench judge ruled.

Ahpay, 33, intended to kill Devon Cyr when he shot the rival gang member in the face on June 22, 2015, Justice Richard Danyliuk found when he convicted Ahpay of attempted murder and 11 weapons offences last year.

This month, he sentenced Ahpay to a penitentiary term of 17 years, leaving him nearly 13 years to serve after subtracting his enhanced remand credit. The Crown came up with a sentence of 23.5 years, mindful of an overall reduction to account for the totality principle, while the defence argued for 15 years.

Ahpay chased down and shot Cyr, who had fired at Ahpay during what was described as a gang shootout behind a house in the 300 block of Avenue R South. The centre of Cyr’s face was shot off — requiring reconstructive surgery — but he survived.

That’s likely only because the shotgun was loaded with “duck shot,” Danyliuk said, calling the shooting a “near murder.”

The judge stated that he also carefully considered Ahpay’s Gladue factors when reaching a sentence. Defence lawyer George Combe said his client was sexually abused at a residential school, resulting in deep-rooted anger issues, isolation and distrust that led to a life of alcohol abuse, drugs and gangs.

However, combined with his prior criminal record and risk of reoffending, a 17-year sentence is proportionate to Ahpay’s high degree of responsibility and the severity of the crime, Danyliuk ultimately found.

“Mr. Ahpay did everything he could to kill, to ‘execute,’ Mr. Cyr. Certainly, the fact that this victim survived is not due to any act or omission on the part of this offender.”

The Crown argued Ahpay should be ineligible for parole until he serves half his prison term. Danyliuk disagreed, saying the necessary principles of denunciation and deterrence have already been factored into the sentence.