THUNDER BAY — A Toronto man who fired five shots through a door, several of which struck another individual, has been sentenced to time served after pleading guilty to aggravated assault.
Devonte Kelsie-Comeau, 24, appeared via video before Justice Helen Pierce where he pleaded guilty to the charge of aggravated assault and possessing a loaded prohibited or restricted firearm.
The charges stem from a shooting incident in October 2019 at a Dease Street residence. Kelsie-Comeau was originally charged with attempted murder, along with Holly Papassay. A 17-year-old Toronto youth was also charged in connection to the shooting.
Papassay pleaded guilty to the lesser charge of aggravated assault in August 2021 and received a suspended sentence along with 24 months of probation.
According to an agreed statement of facts, Holly Papassay attended the Dease Street residence on Oct. 8, 2019 where a resident living there told her he was unhappy with two individuals in the basement selling drugs.
Papassay said she knew of two young men who recently arrived from Toronto, one of whom being Kelsie-Comeau, and were looking for a location to sell drugs.
The resident at Dease Street told the two men in the basement to leave and invited Papassay to return that evening with the two men from Toronto.
When the three arrived just after 9 p.m. the two men were still in the basement. Papassay tried to convince one of the men to leave. When Kelsie-Comeau entered the room, he pulled out a gun and pointed it at the two men.
The co-accused youth told Kelsie-Comeau to shoot and after hesitating a moment, he fired a single shot at one of the men in the basement.
Papassay pulled Kelsie-Comeau and the youth out of the room and closed the door before running up the stairs. Kelsie-Comeau then fired five more rounds through the closed door.
The three were then driven by another individual to Papassay’s residence. The driver later phoned police advising them of a possible shooting at the Dease Street residence.
Police attended the scene and the victim was located and transported to hospital. An examination of the scene revealed five bullet holes in the door and six spent cartridge casings.
The victim suffered three gunshot wounds, including one to the shoulder blade, the foot, and shin, which required surgery. None of the wounds were life threatening and the victim has since made a full recovery.
Papassay was arrested by the Thunder Bay Police Service on Oct. 14, 2019, while the youth was arrested in Toronto the next day.
A Canada-wide warrant was issued for Kelsie-Comeau and he was arrested on Oct. 24, 2019 in Toronto. The firearm used in the shooting was never recovered.
Defense lawyer Michael Moon and Crown attorney Jane Ann McGill presented a joint submission for sentencing of 3.5 years minus pre-sentence custody to be followed by 12 months probation. Kelsie-Comeau was credited with 1,335 days of pre-sentence custody, or approximately 3.6 years.
“He is a young man, but these offences are egregious, we acknowledge that,” Moon said. “But for an inch or two either way, Mr. Kelsie-Comeau could be facing a murder charge and not aggravated assault. We could be looking at a very different situation. That is why we are in agreement a significant penalty be on his criminal record.”
McGill said it appeared Kelsie-Comeau was in Thunder Bay to sell drugs, which is an ongoing problem in the city and a further aggravating factor was the fact that he had in his possession a loaded handgun.
“The activity he did was extremely dangerous and could have resulted in the death of the victim or other people in the situation,” she said.
When given the opportunity to speak, Kelsie-Comeau said he is very remorseful for his actions and he wants to fix his life to pursue a better future.
Pierce agreed with the joint submission and addressed Kelsie-Comeau directly prior to handing down the sentence.
“People of Thunder Bay are getting very tired of people coming to the city with guns and selling drugs. Mr. Moon was quite correct in his assessment that it was only by good fortune that you are not facing a murder charge today,” she said.
“You are young, you have an opportunity to turn your life around, but if you don’t do that, there is a lot of jail time in your future. Make this the last time you appear before the court. Make it the last time you are charged with gun violence.”
Conditions of the probation order include Kelsie-Comeau attending anti-gang counselling. He is also required to submit a DNA sample and is subject to a weapons prohibition for 10 years.
