‘Bringing guns to a fist fight’: Offender sent to prison for Pierre Avenue shooting

A mid-trial guilty plea was heard at Windsor’s Superior Court on Thursday, while a shooter was sentenced to prison. CTV Windsor’s Michelle Maluske has more.

Kyle Small, 28, was sentenced Thursday to more than six years in prison for a non-fatal shooting on Aug. 15, 2023.

He pleaded guilty to possession of an illegal firearm, discharging an illegal firearm, and aggravated assault.

A charge of attempted murder was withdrawn along with other less serious offences.

Court learned the victim – a man who was 33 years old at the time – was shot nine times at 1 p.m. by two people, one of whom was Small.

“This is just so stupid,” Justice Bruce Thomas said to Small during Thursday’s sentencing hearing.

“I cannot imagine what was going through your head at the time.”

‘He misunderstood’

The shooting happened because of an elaborate sequence of events, which started as a result of a man accosting a woman and acting erratically at her place of work; a Windsor coffee shop.

The coffee shop owner hired a security guard to deal with the ex-boyfriend.

The security guard knew Kyle Small and asked him to help look for the ex-boyfriend to convince him to stay away.

Small and the security guard found the man and confronted him.

Small returned to his home, grabbed a Glock handgun, and returned to where the ex-boyfriend was with three other friends.

An argument ensued, and Small alleges one of the ex-boyfriend’s friends looked to be getting something out of his truck when “the light show starts”, defence lawyer Frank Retar explained.

The victim (a friend of the ex-boyfriend) was shot five times in the chest, twice in the back, and once in both his forearm and his thigh.

“(Small) misunderstood the situation”, Retar told the judge.

Retar said his client feared for the safety of his friends, not his own life when he started shooting.

It happened during the day in the area of Pierre Avenue and Erie Street. The victim survived his injuries.

“It’s just luck he wasn’t killed,” Justice Thomas said to Small, noting the Windsorite would be facing a lengthy prison term of potentially life in prison if the victim had died.

“We cannot have gunplay in our streets,” the judge said.

Duncan and Downes credits applied

Assistant Crown Attorney George Spartinos and Retar jointly asked for a sentence of seven years in prison.

What they disputed was how much weight ought to be given to Small’s pre-trial custody and bail conditions.

Downes Credit gives offenders enhanced credit for the strict bail conditions they ordered to live by, while Duncan Credit gives offenders enhanced time for the living conditions while incarcerated before sentencing.

Retar told the judge Small spent 60 per cent of his time at a federal institution sleeping on the floor of his cell.

Small also spent 67 days sleeping on the floor of his cell at the South West Detention Centre where he was also on lockdown for 80 days.

Small, who is of Muslim faith, was at times denied special food requests and access to a prayer room.

“What kind of punishment is that?” Retar asked the judge to consider.

“What is the value of humiliation?”

“That’s what jail is,” Spartinos countered, reminding the judge Small was likely sleeping on a mattress, on the floor and the tension and anxiety are obvious side effects of an offender waiting for their day in court.

Spartinos asked the judge to not put more weight on pre-trial custody and bail conditions.

“I agree with the judge. That was very stupid,” Spartinos told CTV News outside of court.

“You’re bringing guns to a fist fight.”

Court learned Small pleaded guilty to breaching his bail and was sentenced to 10 extra days in custody.

He admitted to leaving Petawawa, Ont. where he was to reside with his father and coming to Windsor for a family emergency.

Small chose to visit his Windsor girlfriend without his father, which breached his bail conditions.

‘Don’t mess this up’

Justice Bruce Thomas sentenced Small to six and a half years in prison.

Small was given six months Duncan Credit for the conditions in the jail but no Downes Credit for his bail conditions.

Small has just over four years left to serve in prison.

The judge gave Small credit for “especially positive letters of support” from his family and mother of his son, whom he is no longer romantically involved with.

“I don’t want mercy,” Small told the judge, while referring to his previous life as going down “the wrong path”.

“I did what I did and there’s no excuse for that.”

Small said he is trying to improve his life by taking educational courses while incarcerated.

“Don’t mess this up,” Justice Thomas told him.

“This was just so stupid.”

The Parole Board of Canada will determine when Small is granted parole and what his post-custody conditions look like.

The other shooter, co-accused John Managhan, previously pleaded guilty and was sentenced to eight years in prison.