THUNDER BAY - A second accused in a 2020 shooting incident where the victim drove himself to the hospital and crashed into a barrier has pleaded guilty to several firearm charges and sentenced to five years.
Terry Allen Pelto, 33, appeared by video in a Thunder Bay Courtroom on Friday where he pleaded guilty to one count of possessing a firearm without a licence, one count of possessing a firearm while under a weapons prohibition, and one count of using a restricted firearm for robbery.
Justice Frank Valente sentenced Pelto to five years. With pre-sentence custody of 523 days enhanced to 785 days, Pelto will remain in custody for just under three years.
The Crown withdrew all other charges, including the initial charge of attempted murder following the sentencing.
According to facts read into the court record, the shooting took place on May 3, 2020 after Pelto, believing the victim had stolen a bag containing money and a firearm from him, contacted Jacob Wattie and Brandon Kelly to help search for the money and victim.
The three confronted the victim in a parked car in the driveway of a Golf Links Road residence, where they demanded he return the money and threatened to kill him. A wad of cash totalling $3,000 was found by one of the men inside the car, which the victim later told police belonged to him.
Wattie then shot the victim in the upper thigh of his right leg and Pelto shot him in the upper thigh of his left leg. The three men fled the scene and the victim drove himself to the Thunder Bay Regional Health Sciences Centre, crashing into a barrier because he was unable to stop.
He was treated at the hospital where doctors found four bullet wounds, an entry and exit wound in each leg, which resulted in both his femurs suffering extensive damage. There was also a superficial wound to his ear from a bullet. The victim underwent emergency surgery that night.
Both Wattie and Kelly were wearing a mask during the incident, though Pelto was not and he was arrested the next day by the Thunder Bay Police Service. Wattie, a resident of Thunder Bay was arrested several days later and Kelly of Peterborough, Ont. was arrested in June 2020.
All three were initially charged with attempted murder. Natalie Marie Salatino, 29, of Thunder Bay and 29-year-old Molly O’Brien of Peterborough, Ont. were also arrested on May 11 and charged with numerous firearms and breach of probation related offences, but all those charges have since been withdrawn.
In June 2021, Wattie pleaded guilty to charges of possession of a firearm while prohibited and using a restricted firearm for robbery, while all other charges were withdrawn. Wattie was also sentenced to five years. Kelly’s charges remain before the courts.
The sentence of five years for Pelto was part of a joint submission between the Crown and defense counsel. When handing down his sentence, Justice Valente said there were several aggravating factors he took into consideration, such as Pelto’s lengthy criminal record that included numerous assault convictions and breaching court orders.
Justice Valente said he also took into consideration the violent nature of the incident and the lasting impacts it has had on the victim, which was shared in a victim impact statement read to the court during the Jacob Wattie sentencing.
“Not that the offences were particularly well thought out or very sophisticated, but they were planned and were carried out in part in the form of retribution,” Justice Valente said.
“Mr. Pelto’s conduct showed an utter disregard for (the victim’s) life. He suffered significant personal injuries, which required emergency surgical intervention and caused him great pain and discomfort and are of a long-lasting nature. Those circumstances are also aggravating.”
Pelto was born in Lac La Ronge First Nation in Saskatchewan and while a Gladue report was not requested by defense attorney Robert Habjan, Justice Valente said he still took into consideration the inter-generational trauma of colonialism and the residential school system on Indigenous people.
Habjan also detailed Pelto’s struggles with substance abuse, indicating that much of his past criminal record relates to his addiction.
When given the opportunity to address the court, Pelto apologized to the victim and said he takes responsibility for his actions that night.
In addition to the five-year sentence, Pelto is also required to submit a DNA sample and received a lifetime weapons prohibition. He is also required to return the $2,425 to the victim, which was found by police in his possession at the time of his arrest. The victim surcharge fee was waived by the court.
