The shooting took place on Nov. 4, 2017 outside a home on Heathfield Court in Windsor
A Windsor man will be sentenced in next month for his role in a shooting that claimed the life of 23-year-old Jarvas Scott-Poberezny.
The shooting took place on Nov. 4, 2017 outside a home on Heathfield Court in Windsor.
This September, 22-year-old Sumar Al-Rubayi pleaded guilty to manslaughter, even though he was facing a charge of second-degree murder.
His defence lawyer, Brian Kolman told the court, "the consequences of his actions are not lost on him."
At the time of the offence, Al-Rubayi was 19, "living a high-risk lifestyle" after he was "lured by the easy money of the drug trade" according to Kolman.
Court heard, Al-Rubayi went to a house party that night, armed with a loaded weapon.
A "confrontation" broke out between Al-Rubayi and Scott-Poberezny for reasons still unknown to the court.
Kolman says his client felt "backed into a corner" and he was about to be "attacked with knives and bear spray."
A court document reads, "Sumar Al-Rubayi shot Poberezny five times."
"The response was excessive and unlawful," according to Kolman, by a man who was living a "reckless, short-sighted and destructive lifestyle."
In the days following the shooting, Al-Rubayi left Windsor and went to Calgary until he was arrested 244 days later, by police who were investigating a nuisance call.
Court documents show Al-Rubayi had changed his appearance and gave police a false name.
The Crown and defence do not agree on what the sentence should be, although they are in agreement, about pre-trial custody credit — Al-Rubayi has been incarcerated since July 2018.
The Crown is seeking a sentence of 10 to 12 years while the defence is asking for six to eight.
Al-Rubayi will be sentenced on Dec. 9 in Windsor Superior Court.
— with files from CTV Windsor.