The family of Craig MacDonald broke down in tears inside a Toronto courtroom Wednesday, upset after a judge sentenced Abilaziz Mohamed to nine years in prison for manslaughter.
Crown prosecutors had been asking for a sentence of 12 to 13 years. Defence lawyers suggested six to seven were more appropriate.
“The animals who are carrying around guns right now, your life means nothing to them, and shockingly, our lives mean very little to the justice system too,” said Drema MacDonald, the victim’s sister, after the sentence was delivered.
The deadly shooting happened during a chaotic scene in the parking lot of a Boston Pizza restaurant near Morningside and Milner avenues on Oct. 13, 2021, after the two men got into an altercation over a previous incident.
Superior Court Justice Michael Brown summarized the facts of the case, saying both men had consumed alcohol, tensions were high and tempers were short.
Brown explained, “There were lingering feelings of anger and resentment in regards to a previous incident at ‘Danny’s’ a month earlier,” where the men, who were strangers, first met.
Just moments before the shooting, as he was leaving the pizza restaurant, Mohamed testified that MacDonald had violently assaulted him from behind.
As MacDonald re-emerged from the restaurant and began running towards him with his hands in the air, Mohamed admitted he pulled a loaded semi-automatic handgun from his pocket and cocked it before firing two shots. One bullet hit MacDonald in the chest.
“I accepted the evidence of the defendant that he lost his cool, wasn’t himself and had been drinking. I was not satisfied beyond a reasonable doubt that he intended to kill him when he shot him. Nor was I convinced if he shot him, (that he knew) he was likely to cause bodily harm,” Brown said in his reasons for sentence.
Mohamed fled the scene after the shooting and testified a day later that he still had he gun that he had purchased the month before for $2,000 for protection after being robbed.
Mohamed, named Canada’s most wanted by the Bolo or “be on the lookout” program in April 2022, was found guilty of manslaughter in February after a judge-alone trial for second-degree murder. Mohamed’s arrest in April 2022 came just hours after his photo was widely circulated, and a $250,000 reward was offered for information leading to an arrest.
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He was originally charged with first-degree murder. Mohamed was arrested after being spotted in hospital in the Durham region, where he was admitted for treatment of diabetes.
“The circumstances of this offence are exceedingly serious,” Brown told the court in handing down the sentence.
“Including that Mohamed, while on two separate weapons prohibition orders, armed himself with a loaded firearm and then proceeded to attend public venues, including Boston Pizza, where other patrons were in attendance. In the course of an altercation, he discharged a loaded firearm, killing Craig MacDonald,” said Brown.
Brown said mitigating circumstances in sentencing included the fact that Mohamed grew up in a high-crime neighbourhood and believed he was subject to anti-black racism.
“Around October 2012, when Mohamed was approximately 22 years old, he was shot in the parking lot where he lived. He reported this to police but no arrest was ever made,” said Brown.
Brown also summarized the harsh and restrictive conditions he experienced while in pre-sentence custody. Mohamed spent 70 of his 152 days at the Toronto South Detention Centre in lockdown, mostly due to staff shortages. After being transferred to the Toronto East Detention Centre, he spent 756 of his 1,045 days being triple bunked, which meant he spent many nights sleeping on the floor.
“In my view, the proper range of sentencing falls within the mid range of eight to 12 years, however, in light of the constellation of mitigating factors, I have concluded that a sentence less than the maximum sentence in this range should be imposed,” he told the court.
“The public in this province continues to experience a staggering amount of gun violence, especially in the Toronto area. The objectives of the protection of the public, general deterrence and denunciation should be given priority.”
Craig MacDonald’s family speaks to Global News.
Global News
After enhanced credit for pre-sentence custody, Mohamed has three years and 11 months left to serve of his sentence.
“It’s a really disappointing outcome given the seriousness of this crime,” said Drema MacDonald, recalling that when Mohamed was at large, a reward of up to $250,000 was being offered for information leading to his arrest.
“To say that somebody was walking around with a loaded gun didn’t intend to use it, didn’t intend to kill somebody with it, is ludicrous. Really hard to accept, and I think what we see here, judgments like this, sentences like this, is exactly what Toronto is the way it is right now. There’s not enough consequence.”
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