Winnipeg man who killed 39-year-old during drug deal sentenced on weapons offences

AWinnipeg drug dealer avoided a second-degree murder conviction, but has been sentenced to time behind bars for illegally possessing the sawed-off shotgun he used to kill a 39-year-old he thought was going to rob him at gunpoint.

Neigel Ryan Noel entered guilty pleas forpossession of a restricted orprohibited firearm and two counts of possessing a weapon contrary to court orders, according to a provincial court written sentencing decision for theoffences published Aug. 1.

Winnipeg police were called to a house on Young Street between Ellice and Sargent avenues just after 9 p.m. on May 4, 2022, about a disturbance and serious assault. They found found39-year-old Scott Matthew Catcheway dead near the home.

Police later identified Noel as a suspect in Catcheway's death. A month after the homicide, Winnipeg police flew to Toronto and arrested Noel, who had fled local authorities.

The decision said after his arrest, Noel gave a statement to police admitting his involvement in the shooting.

"Mr. Noel was initially charged with second-degree murder in the death of the deceased," Provincial Court Judge Darcie Yale wrote in the decision."Those charges were stayed, but pleas were entered to the weapons offences which are the subject of this sentence."

Potential gunpoint robbery

According to an agreed statement of facts in the decision, Noel was 15 days removed from being released on bail for unrelated matters and was required to live at a specific address in Winnipeg at the time of the killing.

That order also prohibited him from owning, possessing, or carrying any firearms or weapons and he had an imposed curfew.He was also under a separate order from a prior conviction, which imposed a decade-long firearm ban.

On May 4, 2022, Noel was in his bedroom at his court-ordered address where he was selling fentanyl, the decision said.

Catcheway and his girlfriend wentto Noel's room looking to buy fentanyl. Catchewaywas also armed with two guns, which were concealed behind his back and beneath his jacket.

The decision said Noel had been warned by others that Catcheway was robbing "members of the drug subculture." And when Catcheway began to act erratically, Noel became concerned that he was trying to rob him.

When Catcheway started to reach behind his back, Noel pulled out a loaded, sawed-off shotgun which he had been keeping beside him in his bed to deter the situation from escalating, the decision said.

"Mr. Noel and the deceased pointed their guns at each other," Yale wrote."Fearful for his life, Mr. Noel pulled the trigger of the gun. He shot the deceased in the neck, killing him."

Noel's criminal record 'unenviable'

In the written decision, Yale wrote thatNoel recognizes"but for his offending behaviour, (having the gun with which he defended himself), he would be dead."

"The profound impact of this realization, coupled with overwhelming stress associated with being charged with murder in the death of the deceased (charges which were ultimately stayed) have hit home and have given him incentive to change his life," Yale wrote in the decision.

"He was spared his life, and he wants to make it one he is proud to live and share with his children," Yale wrote in the decision.

Noel's family moved to Canada when he was around four or five, according to the decision. Noelleft home at 14 to escape physical abuse from his father.

Noel's parents later decided to move back to Grenada. Noel went with them, but didn't adjust, so he and his brother moved back to Winnipeg to live with their godfather, who kicked Noel out when he dropped out of school.

During those years he formed a bond with a person he called his former best friend, who taught him "what he needed to survive on his own" and to hustle and deal drugs, the written decision said. Noel told court he had no other options to support himself other than engage in criminal activity.

For more than a decade, Noel lived a transient and criminal lifestyle with his friend, whohe now nolonger has contact with, Yale wrote.

Noel also acquired an "unenviable" criminal record, with an estimated 20 years behind bars, according to the decision.

He's also lost many loved ones, includingthe mother of his oldest child who froze to death, his first son who was murdered, his uncle, father and brother, who all died of natural causes.

Since he has been on remand custody for these charges,the mothers of both of his daughters have also died, the decision said.

Two-and-a-half more years in jail

Yale wrote in the decision that Noel's "background and life experiences as a radicalized person do attenuate his moral blameworthiness."

The judge said they didn't find any direct connection between Noel's "background and the circumstances giving rise to the offensive behaviour, but does accept there is an indirect connection," but also wrote "the fact that Mr. Noel did not have any specific plan to use the gun does not mitigate his moral blameworthiness."

"Although Mr. Noel has a lengthy criminal record with lengthy periods of incarceration, and has continued to re-offend, I accept that this time may be different for Mr. Noel and that the goals he has identified in the IRCA[Impact of Race and Culture Assessement]report could be achievable with appropriate supports," Yale wrote.

Yale said a total sentence of five and a half years, or 2,010 days would be appropriate for theoffences. Noel will receive credit for 1,053 days he spent 702 days behind bars, credited at a rate of 1.5 to one.

Noel has been in custody since his arrest inJune 22 and has 957 days just over two and a half years to completeforhis sentence, and he will also have a lifetime weapons ban.