Convicted of manslaughter, the gunman is asking for a light six-to-seven year sentence with a year’s credit for being triple-bunked
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A gunman who killed a beloved Scarborough dad after a bar fight in 2021 could walk out of jail on time served – thanks to the “absolutely incomprehensible” triple-bunking he’s endured in Toronto detention centres.
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Abilaziz Mohamed has been held with three other inmates in a cell built for two – meaning one of them has to take turns sleeping on the concrete floor – for 73% of the time since his arrest in April 2022 for the shooting death of Craig MacDonald six months earlier.
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In February, Mohamed, 35, was acquitted of second-degree murder and convicted of manslaughter following a judge-alone trial before Superior Court Justice Michael Brown.
In sentencing submissions Thursday, his lawyers Tyler Smith and Mitchell Huberman proposed a six-to-seven year prison sentence and argued the degrading and inhumane treatment he’s suffered by triple-bunking and a lack of access to fresh air should result in a year lopped off that term.
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And since he’s already served the equivalent of five years – judges credit pre-sentence time at 1.5 times – the convicted killer would soon be a free man if the judge accepts their proposal.
How outrageous that would be. But that’s not Mohamed’s fault – that’s on the province for continuing to warehouse inmates like cattle despite countless angry admonishments from the judiciary.
As one noted Ontario judge once described conditions at Toronto South as far back as 2020, they are “unacceptable, shocking, deplorable, harsh, oppressive, degrading, disheartening, appalling, Dickensian, regressive and inexcusable” – yet the government turns a blind eye.
But then there’s not much public sympathy for people in jail – even those awaiting trial who are presumed innocent.
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Despite those conditions, Crown attorney Sean Hickey urged the judge to impose a 12 to 13-year prison term for Mohamed, who was under two separate court-ordered weapon bans at the time yet went to a Boston Pizza in Scarborough armed with a gun while drunk and then opened fire with about a dozen other people milling about.
“The carnage might have been worse,” the prosecutor insisted.
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Mohamed testified that he armed himself for protection after being robbed at gunpoint the previous month.
“That sort of conduct cannot be tolerated,” Hickey said. “It must be denounced and the way of doing that is by a stiff sentence.”
Court has heard MacDonald, 43, had recognized Mohamed from an earlier bar altercation and attacked him from behind, punching him repeatedly and breaking his necklace. After Mohamed went to put his broken chain in the car and returned, MacDonald ran at him again.
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“There was plenty of opportunity for Mr. Mohamed to just simply leave. That didn’t happen,” Hickey said.
Instead, he pulled out his .32 calibre semi-automatic handgun and fired twice, hitting the father of five once in the chest.
Mohamed’s lawyers explained that he grew up in an “overpoliced” neighbourhood and suffered systemic racism. In 2012, he was shot in the leg but Toronto Police made no arrests, which he blamed on their lack of concern for Black victims. When he was robbed at gunpoint in September 2021, they said he decided to arm himself rather than rely on police.
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When given the opportunity to speak, Mohamed admitted it was a decision he’ll regret for the rest of his life.
“I want to start by saying how truly sorry I am for the life of Mr. MacDonald that was lost. I understand that nothing I say can bring Mr. MacDonald back or erase the pain felt by his loved ones. I live every day with the weight of knowing someone died because of my actions,” he said.
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Mohamed told the judge he’s committed to taking responsibility and living life differently.
“This isn’t just regret over a consequence,” he said. “It’s regret over a life lost and for the pain I caused. I honestly wish I never bought that firearm in the first place because Mr. MacDonald would still be alive today and I would not be in custody.
“If I could go back in time and prevent this from happening, I would in a heartbeat,” Mohamed added.
He said all the right words and they certainly sounded sincere. But to then argue for what amounts to time served? No, a life can’t be worth so little, no matter how harsh the conditions in jail.
Brown will deliver his sentence next month.
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