'Living a high-risk lifestyle' set to land Windsor man in prison
WINDSOR, ONT. -- Sumar Al-Rubayi, 22, will be sentenced in December for the death of Jarvas Scott-Poberezny.
The 23-year-old was shot and killed on Nov. 4, 2017, outside a home on Heathfield Court in Windsor, Ont.
In September Al-Rubayi pleaded guilty to manslaughter, even though he was facing a charge of second-degree murder.
His defence lawyer, Brian Kolman told the court, "the consequences of his (Al-Rubayi) actions are not lost on him."
At the time of the offence, Al-Rubayi was 19, "living a high-risk lifestyle" after he was "lured by the easy money of the drug trade" according to Kolman.
Court heard, Al-Rubayi went to a house party that night, armed with a loaded weapon.
A "confrontation" broke out between Al-Rubayi and Scott-Poberezny for reasons still unknown to the court.
Kolman says his client felt "backed into a corner" and he was about to be "attacked with knives and bear spray."
A court document reads, "Sumar Al-Rubayi shot Poberezny five times."
"The response was excessive and unlawful," according to Kolman, by a man who was living a "reckless, short-sighted and destructive lifestyle."
In the days following the shooting, Al-Rubayi left Windsor and went to Calgary until he was arrested 244 days later, by police who were investigating a nuisance call.
Court documents show Al-Rubayi had changed his appearance and gave police a false name.
Kolman says Al-Rubayi is young, doesn't have a criminal record and is showing "genuine remorse" by pleading guilty.
He also has a supportive mother and sister, wishes to get a post-secondary education while in prison and does not have any substance abuse issues.
"We cannot ignore Mr. Al-Rubayi chose to bring a loaded gun to a party," Assistant Crown Attorney Bryan Pillon told the court.
Pillon believes Al-Rubayi's "deplorable" actions call for a "severe and lengthy" prison term.
Pillon argued shooting a weapon near a crowded house party, on a quiet city street, could have had far-reaching impact on other innocent lives.
The Crown and defence do not agree on what the sentence should be, although they are in agreement, about pre-trial custody credit.
Al-Rubayi has been incarcerated since July 2018 and court heard during that time, he has been impacted by 109 partial lockdowns.
The lawyers told the court, the lockdowns were due to security issues inside Ontario jails, and because of staffing shortages.
Some of the lockdowns would have been for a few minutes, others for a few hours, according to Pillon.
They pointed out none of the lockdowns were due to the pandemic.
Justice Bruce Thomas was asked by both lawyers to take those lockdowns into consideration for the sentence.
The lockdowns aside, when given credit, court heard Al-Rubayi has already served more than three years in jail.
The Crown is seeking a sentence of 10 to 12 years, minus pretrial custody.
The defence is asking for six to eight, once the pretrial custody is taken into account.
Al-Rubayi declined to comment at the end of the sentencing hearing.
Justice Bruce Thomas will deliver Al-Rubayi's sentence on Dec. 9 back in Windsor Superior court.