REGINA – Thomas Adam Stevenson has been found not guilty of attempted murder.
The accused appeared by video in Regina Court of King’s Bench on April 13, still being held in custody on other matters.
The charge stems from a Sept. 19, 2019 shooting between gang members. Initially intended to be a drive by shooting on a known residence of the Native Syndicate Killers, one of the NSK members was seen walking down Osler Street - changing the plan. Members of the rival Indian Mafia that were in a nearby truck opened fire on the man, then drove off.
“During closing arguments, the Crown conceded that an acquittal should be entered on the charge of attempted murder, as the evidence did not establish that the accused had the requisite subjective intent,” said Justice Peter T. Bergbusch as he read his decision.
He further noted that the Crown submitted the Court ought to convict Stevenson of the lesser offence of discharging a firearm with intent to wound, main, or disfigure - a charge that carries up to 14 years in custody.
“It is the Crown’s theory that Stevenson is a party to the lesser included offence,” Justice Bergbusch said.
During the trial, the Crown called five witnesses - two RPS members who interacted with the victim on the evening; an expert from the RPS Street Gang Unit, the victim, and a former gang member (both of their identities protected under a permanent publication ban).
While Justice Bergbusch was satisfied with the majority of evidence presented during the February trial, he had concerns with testimony given by the former gang member. The evidence that witness presented “occupies the central position in the Crown’s theory of Stevenson’s guilt,” according to Justice Bergbusch.
His reasoning for not considering the testimony reliable beyond a reasonable doubt included that the witness - also an accomplice to the incident with outstanding criminal charges - may have a personal interest; wanting to “minimize his own involvement by suggesting that Stevenson was the person who made the call to retaliate against the NSK.”
“I approach his testimony with the greatest care and caution,” Justice Bergbusch said.
In actuality, another man had pulled the trigger on the rifle used to shoot the victim. Glenn Sutherland had pleaded guilty back in 2021, receiving a five-year jail sentence.
“The Crown alleges that Stevenson aided Sutherland in committing the offence,” Justice Bergbusch said. Since Sutherland was obviously the principle offender in the event, the task before the Court was to address whether Stevenson was party to the offence.
“To establish that Stevenson aided Sutherland to discharging the firearm, the Crown must prove beyond a reasonable doubt that he provided assistance to Sutherland; that he intended to provide assistance to such and that Stevenson knew Sutherland intended to commit the offence,” Justice Bergbusch explained, concluding his remarks with “the Crown has not proven beyond a reasonable doubt that Stevenson aided Sutherland.”
Part of the reasoning involved the victim being “greenlit” by the IM, and Sutherland wouldn’t have required prompting to cause injury to the rival gang member. Sutherland also had the rifle with him in the back of the truck used in the act, only requiring him to sit up and take aim in order to commit the shooting. In terms of planning, the IM members sought to shoot up a residence and did not discuss firing upon a person.
Ultimately, Justice Bergbusch ruled that the charges before Stevenon could not be proven beyond a reasonable doubt - finding the man not guilty on all counts.
“We’re pleased with it - this is exactly what we had argued, basically that the Crown’s central witness wasn’t credible or reliable enough about pointing the finger at the accused,” said Stevenon’s lawyer, Thomas Hynes outside court. “We thought the responsible people had been held responsible for this already, and the Crown was trying to expand the scope of liability beyond what was appropriate. The judge agreed.”
Family members in attendance were also pleased with the outcome, recounting the “funny, intelligent, great guy” who “just made some wrong choices.”
“We’re happy because he didn’t do it,” cousin Melissa Quewezance told SASKTODAY.ca. “He was there, but he didn’t have anything to do with that. We’re glad the right decision was made. He just has to keep on living his life right now, because that’s what he’s trying to do.”
Stevenson’s aunt - Wanda Cote - mentioned her nephew grew up “with a lot of issues,” pointing to inter-generational trauma as one source.
“When he’s released, he’ll have the opportunity to change it over,” she said. “I think he’s learned from that.”
Quewezance is looking forward to the day Stevenson is released, that she’ll “give him a big hug.”
“He’ll have a lot of support,” Cote said, with a wide smile.
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