A hooded man pulls out a gun and shoots an innocent man five times in the legs. A crime committed shamelessly in front of an elderly couple. As gun violence rages in Montreal, the Crown is calling for an exemplary prison sentence for the authors of this “wheelchair contract”.
Posted at 6:31 p.m.
“There is a scourge in Montreal: the use of firearms for a yes and a no. To send a message [à des gens] who are obviously not involved in the criminal world, we are going to use firearms in a very banal way which is disconcerting”, pleaded Mand Philippe Vallières-Roland Thursday at the Montreal courthouse.
A month away from the jury trial, the shooter, Jonathan Tshinkenke, pleaded guilty to three counts: aggravated assault, discharging a firearm with intent and possession of a loaded restricted firearm. His accomplice, the driver of the getaway vehicle, Emmanuel Charbonneau, was found guilty on the same counts after admitting the facts without presenting a defence.
PHOTO MARTIN CHAMBERLAND, THE PRESS
Emmanuel Charbonneau (left) kept his head bowed at the Montreal courthouse. His lawyer M.and Richard Tawil was at his side.
This crime committed in cold blood, on April 5, 2019, was immortalized by a surveillance camera. At 7:45 p.m., Roberto Celli pulls into the Notre-Dame Street parking lot to meet a stranger who had called him a few days earlier to rent a place to practice music – his part-time job. A few minutes before the crime, the stranger had called him back to confirm his presence outside, obviously to bait him.
The video then shows a blood-curdling scene. Dressed in black and hooded, Jonathan Tshinkenke approaches the victim. Less than a meter from Roberto Celli, the shooter suddenly pulls a pistol from his pocket and fires at the victim. Four more shots follow, all in the direction of the legs of the poor man who collapses on the ground.
A few meters away, an elderly couple, clinging to their canes, witness this horror scene.
Jonathan Tshinkenke then fled in a minivan driven by his accomplice, Emmanuel Charbonneau, who had rented the vehicle a few hours earlier. However, they are stopped a few minutes later near the Metropolitan highway. The murder weapon, a Colt .45 caliber semi-automatic pistol, was found in a storage compartment in the vehicle’s floor.
A traumatized victim
Hospitalized for months, Roberto Celli had to undergo eight operations for his legs, having received five bullets in the tibias and the femur. “The pain was terrible,” he breathes. Traumatized, the father of the family had panic attacks at the start of the pandemic when he saw people in masks.
To add to his misfortunes, Roberto Celli deplores having been wrongly portrayed in the media as a criminal, while he claims to be an “innocent victim” and an honest citizen. “It was a message intended for someone else,” he assumes. “I never did anything to deserve this,” insists the man who then ran a modest water distribution company.
The motive for the crime remains a mystery, but it is clear that Robert Celli was the victim of a “wheelchair contract”, since the shooter deliberately targeted the legs, argued the Crown prosecutor. It’s not attempted murder for that reason.
PHOTO MARTIN CHAMBERLAND, THE PRESS
The victim, Robert Celli (right) testified Thursday at the Montreal courthouse. He was accompanied by his sister.
“It is a gesture of violence and coldness that speaks for itself”, pleaded Mand Vallières-Roland, who is teaming up with Mand Claudine Charest. They claim 10 years imprisonment for the shooter and his accomplice, a severe sentence, since the maximum is 14 years. The prosecutor notably insisted on the “free” crime, the premeditation, the risk of recidivism and the “scourge” of violence by firearm.
“Already, in 2019, in Toronto particularly, there was an upsurge which has now reached Montreal. It is a fact”, underlined the judge André Vincent about the violence by firearm.
In freedom, Emmanuel Charbonneau boasted before the judge of being a workaholic. “I have contracts in the field of inspection, with a few companies,” he said, remaining vague. Before the pandemic, he worked in “import-export in the field of recycling”. The 33-year-old limited himself to saying that his accomplice was “nothing more” than a friend. He showed no apparent remorse.
His lawyer, Mr.and Richard Tawil, sought the imposition of a six-year sentence, from which would be subtracted a period reflecting the violation of his client’s rights under the Charter during his arrest. “He is the guide, he is not the shooter. […] There is no proof that he is the instigator, ”pleaded Mand Tawil. The sentence requested by the Crown is exaggerated, since it is not an attempt to murder, he adds.
Jonathan Tshinkenke, 22, deserves a five-year prison sentence, considering the violation of his rights and his detention in times of COVID, pleaded Mand Alexandra Longueville. The criminal lawyer cited her client’s young age and his admission of guilt as mitigating factors. He would therefore only have a few months left to serve given his pre-trial detention.
Note that Jonathan Tshinkenke is accused of conspiracy to murder in another case.
The judge will make his decision in a month.