The reaction of the passenger of a motorist asked by a pedestrian to slow down was to shoot the man, a Calgary prosecutor said Wednesday.
Crown lawyer Ron Simenik said Charlemangne Literato was shot three times by Mathew Van Schaik after asking the driver of an SUV who passed him to lay off the gas.
Simenik, reading from a statement of agreed facts, said Literato was leaving Anytime Fitness in Airdrie in the early morning hour of last Sept. 27, when he saw Michael Sharman drive past at what he felt was a high rate of speed.
“Literato … yelled at the Mercedes SUV to ‘slow down,'” Simenik told provincial court Judge Eugene Creighton.
“Hearing Literato, the offender directed Sharman to pull over, as he intended to confront Literato for yelling at their vehicle,” the prosecutor said.
Van Schaik then got out of the SUV and asked Literato “what the f— did you say?” court was told.
“In response, Literato said ‘slow down buddy.'”
But instead of heeding the good advice, Van Schaik began punching and kicking the victim and during the ensuing struggle the offender’s sweat shirt was ripped.
“As a result of the struggle, a .22 caliber Smith and Wesson handgun, that the offender had been concealing, fell to the street,” Simenik said.
“The offender then picked up the firearm, pointed it at Literato and discharged it three times.” he said.
Literato was hit in his upper right thigh, breaking his femur, in his right wrist and in his lower back.
The third bullet remains in the victim’s buttocks, Simenik said.
In a victim impact statement, read in by the prosecutor, Literato, a temporary foreign worker who was employed as a cook, said he has had difficulty in his job since the shooting since he can’t stand for more than two hours.
He also said his son back in the Philippines has dropped out of college because he hasn’t been able to send enough support money home to his family.
Defence lawyer Gloria Froese, who along with Simenik proposed a six-year prison term for Van Schaik, noted the 22-year-old was extremely remorseful and had no criminal record.
Froese said her client had a tough upbringing, spending a large amount of time living on the street between the ages of 14 and 18.
Creighton, in accepting the joint submission, noted Van Schaik — who pleaded guilty to discharging a firearm with intent to wound — was lucky he wasn’t facing a murder charge.
On Twitter: @KMartinCourts
