Man sentenced for firing 11 shots into trailer with two people inside

Jamie Kelly’s good character, law-abiding past and strong support from family and friends did little to mitigate the fact he fired 11 shots into a camper trailer with two people inside.

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The 57-year-old Sault Ste. Marie man received a 60-month sentence, with two months credit for 39 days of pre-custody jail time, for a total 58 months in prison in a judgment handed down by Ontario Court Justice Robert Horton in a Chatham court on Monday.

Kelly was at his trailer at Shiloh Park in Wallaceburg around 11 pm on June, 11, 2022, when several witnesses heard gunshots from inside the park. Although 11 shots were fired at the trailer, there were no injuries suffered by Michael Noble and Kelly Cast who were inside it, court heard.

Kelly was originally charged with attempted murder and several weapons offenses, but he pleaded guilty in April to the lesser charge of intentionally discharging a firearm while being reckless to the life or safety of another person. The other weapon charges were withdrawn.

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“I’d like to say I regret what has taken place here,” Kelly told the court.

He said he should have dealt with the situation in a better way.

“But, what’s done is done,” Kelly said. “I take full responsibility.”

Defense lawyer Frank Retar described his client as respectful, quiet, hardworking and having “the full support of all members of his family.”

He cited in the pre-sentence report that this incident was shocking to Kelly’s family, with many members saying “it was out of character” for him.

Retar pointed to the aggravating factor of Kelly’s neighbors, who were facing an eviction notice and had past dealings with police.

But Retar acknowledged the 11 shots fired at the trailer was also an aggravating factor.

The issue of alcohol consumption by Kelly on the date of the offense was raised by the Crown.

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Assistant Crown Attorney Scott Kerwin said the case “speaks of the dangerous cocktail of alcohol and firearms.”

Kerwin acknowledged the comments by Kelly’s family members in character letters, including statements that this was out of character for him, and prior to this incident Kelly was a responsible gun owner.

“It’s somewhat fortunate that those persons weren’t injured as a result of what took place,” the Crown said.

He noted Kelly previously stated alcohol consumption wasn’t problematic for him.

“At least on the date of these offenses, it seems as though that played a factor,” Kerwin said. “Sometimes it takes a different perspective to realize when it’s problematic.

“If you’re shooting a gun into a trailer 11 times, in my submission. . . substance use has become problematic, obviously,” he said.

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Horton said the court is often in a position where it has to sentence those who are not bad people, but have made bad decisions.

Quoting letters of support for Kelly describing him as “responsible, caring. . . and that this is out of character,” Horton said, “I believe that.”

But, the judge said that “doesn’t take away the criminal responsibility for your actions.”

Even with there being difficulty caused the neighbors, Horton said vigilante justice is not in any way tolerable in the community.

“When vigilante justice resorts to guns (being used) only bad things are going to happen.”

There needs to be sentence that sends a message to the community “that this form of reaction or justice cannot be tolerated,” Horton said.

The sentence also included providing a DNA sample before Kelly left court Monday, along with a lifetime weapons ban.

There were 15 weapons seized by police between Kelly’s trailer and his home in Sault Ste. Married. The judge granted a forfeiture order sought by the Crown that four of the weapons, both restricted and non-restricted, be destroyed.

As part of the forfeiture order, Kelly has until Aug. 24 to transfer the 11 other weapons to a person properly licensed to own weapons. If the transfer does not take place by then, the remaining 11 weapons will be destroyed.

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