Mike on Crime

By Mike McIntyre
Winnipeg Free Press

Manitoba’s justice system has been playing catch-and-release for years with two Winnipeg gang associates now accused of killing an innocent bystander just metres away from his five-year-old son.

A Free Press analysis reveals the pair has been involved in 18 separate sentencing hearings on a total of 39 criminal charges since 2005 — including 28 breaches of court orders. Other offences include car theft, robbery and assault.

The longest period either boy has spent behind bars to date is just over three months.

The 15-year-old and 17-year-old were under several court orders when they were allegedly involved in the Aug. 11 shooting death of Scott McGillivary.

Police charged them with second-degree murder this week following a month-long investigation. The allegations have not been proven and they are presumed innocent.

The Free Press is publishing general information about their criminal records because of long-standing public and political concerns regarding how repeat young offenders are treated by the courts. The Youth Criminal Justice Act, which stresses rehabilitation over punishment, is currently being reviewed by the federal government and is expected to undergo a major facelift.

Even a veteran justice source, upon learning of their track records son Wednesday, expressed shock.

“It really makes you wonder how they have been dealt with,” said the source.

McGillivary, 26, was shot in the chest after he stepped outside his Flora Avenue home for a cigarette. Police said the shooting was connected to a home invasion that occurred on the same street minutes earlier. Two men with bandanas over their faces and claiming to be members of a street gang called MOB took five people hostage at gunpoint in that incident. They eventually fled with a woman’s purse.

The two suspects allegedly approached McGillivary, who had no connection to the home invasion, and killed him.

“He went out to have a smoke and saw two people in his backyard, asked them what they were doing, asked them to leave and was shot,” police Const. Blair Good said. “Mr. McGillivary was simply in the wrong place at the wrong time.”

The 15-year-old accused killer had 20 convictions between May 2007 and August 2009. He has been deemed a Level 4 auto thief — the highest designation — and has been constantly under judicial and community supervision.

He stepped out of jail on July 22 after pleading guilty to breaching several court orders and handed time in custody of 20 days.

He was still under two probation orders when McGillivary was gunned down on. The teen was put back behind bars on Aug. 31 after pleading guilty to another breach and being sentenced to 100 days in custody.

Police went to the Manitoba Youth Centre on Tuesday to formally lay the murder charge.

The 17-year-old is also a Level 4 auto thief and had 19 convictions between July 2005 and May 2009.

He was under one probation order at the time of McGillivary’s death and was also in custody on new breach allegations when police laid the homicide charge this week.

He turned 18 in late August but still can’t be named under the YCJA because he was a youth at the time of the offence.

Manitoba Public Insurance recently obtained a $14,000 judgment against the young man and three other youths. The four were involved in stealing a 2006 Chevy Silverado on Dec. 26, 2006, then driving it at high speed through a red light and smashing into a Dodge Grand Caravan at the corner of Machray Avenue and McGregor Street.

If convicted of murder, the onus would be on both teens to argue why they should not be sentenced as adults. At that point their names would be made public.

Both remain in custody at the Manitoba Youth Centre.

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A summary of the two accused

15-year-old:
Identified as Level 4 auto thief, the most serious level
Had 20 convictions between May 2007 and August 2009
Crimes include car theft, robbery, carrying a concealed weapon, assault and 14 breaches of court orders
Has been placed on five different probation orders during that time, including two still in effect at the time of last month’s killing
Custody has ranged from between one day to 90 days
Was released from jail on July 22 after pleading guilty to breaching two court orders

17-year-old:
Identified as Level 4 auto thief
Had 19 convictions between July 2005 and May 2009
Crimes include arson, car theft, assault with a weapon and 14 breaches of court orders
Has been placed on seven different probation orders during that time, including one still in effect at the time of last month’s killing
Custody has ranged from between one day to 66 days.
Owes Manitoba Public Insurance $12,000 after being sued following a Dec. 26, 2006 crash involving a stolen vehicle