Matthew Misener sentenced to 1 year in connection to Christmas Day shooting incident

Matthew Brian Misener has been sentenced to one year in jail in connection to an incident in which two men were shot in Pleasant Grove, north of Charlottetown, on Christmas Day, 2015.

In an agreed statement of facts, the court heard one victim was shot three times and the other once.

Misener was in court Tuesday. He pleaded guilty to one count of assault with a weapon, and careless use of a firearm and unauthorized use of a firearm.

• Matthew Brian Misener, accused in Christmas shooting, to remain in custody

Misener originally faced 12 counts. Themoreserious charges were dropped in exchange for the guilty pleas.

'Warning' shots

According to the factsread out in court, Misener knew both of the men who came to his house around 1 amDec. 25, 2015and had received threatening messages from one of them days earlier.

The statement said when Misener saw avehicle pull up that night he tried to fire a couple of warning shots out a window to scare them off but his rifledidn't fire.

Misener said he then grabbed another rifle in self-defence, and he and a friend, ended up scuffling with the two men.

Misener said he was holding the rifle and it was during thosescuffles that the shootings took place.

'Incredibly reckless'

In P.E.I. Supreme Court Tuesday, Crown Attorney Jeffery MacDonald called Misener's acts"incredibly reckless," saying they endangered the lives of everyone in his home that day.

However, both he and defence lawyer Jonathan Coady pointed out that after the shooting, Misenerhelped care for thetwo victims until paramedics arrived and helped load them into the ambulance.

Court heard Misenercooperated with police and showed them where he had hidden histwo rifles, for which he did not have licences.

The Crown and defence jointly recommended a one year sentence, which the judge accepted.

Court heard both men have recovered from their injuries and that all four men involved in the scuffle that night had been drinking.

Dangerous mix of guns and alcohol

Justice Wayne Cheverie said firearms and alcohol are a dangerous mix and it was lucky no one was killed that night.

The judge also recognized that Misenerhad made "significant changes" to his life since the shooting, including quitting drinking.

In addition to the one-year jail sentence, Miseneris banned from owning guns for 10 years. His DNA will also been collected for the national databank.

The two men injured in the shooting, Brodie Joseph McQuaid, 25, and Matthew Lindsey Eric Clarke, 30, were both charged with break and enter and assault.

They have pleaded not guiltyand are scheduled to go on trial April 18.

The judge said the findings in this case won't have a bearing on the trial for the two other men.

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