Bullet to the face nets 7.5 years behind bars

Calling it “intimate partner terror,” a judge sentenced a Winnipeg man to seven-and-a-half years in prison for firing a loaded handgun held to his partner’s head causing her life-altering injuries.

The woman, who the Free Press is only identifying as A.W., watched as Machuor Akau sat silently and stared at the ground as Manitoba Judge Sidney Lerner read his ruling Monday.

Akau, 28, who pleaded guilty to aggravated assault, possession of a prohibited weapon, pointing a firearm and criminal negligence causing bodily harm, didn’t speak during the sentencing or look at his victim or her family members as court progressed.

At a previous proceeding, Crown prosecutor Ari Millo had requested a sentence of eight years, while defence counsel Saul Simmonds argued for between five and six.

“I think we were hopeful that we were going to get the max of eight years, or maybe even longer than that,” A.W. said outside court. “And obviously, six years doesn’t seem long enough to me, so at the end of the day, I’m happy he’s getting at least that.”

With time served, Akau has six years and 15 days to serve behind bars of his seven year, six month sentence.

According to an agreed statement of facts, Akau had been drinking and taking cocaine for several days and becoming “increasingly paranoid” when, on Nov. 2, he got into an argument with the victim at her mother’s Wellington Crescent apartment and smashed her phone.

Akau became “increasingly angry” and accused A.W. of infidelity. A.W. told Akau to leave and when he refused, she tried to exit the apartment before Akau grabbed her, held her to his chest and said, “If the cops come, I will kill you with me.”

He then put a handgun to the woman’s cheek, demanded that she admit she had lied and apologize and said, “I should kill you now.”

The gun went off and a bullet entered A.W.’s left cheek and exited near her right ear.

She remained in hospital for more than a month undergoing three surgeries.

The Crown accepts Akau’s claim he did not think there was a bullet in the chamber and he accidentally fired the gun.

“This case must not be treated as an intentional shooting, however, it must equally not be reduced to negligent firearm handling,” said Lerner. “Mr. Akau deliberately used a loaded, prohibited handgun as an instrument of intimate partner terror. You pressed the weapon against (A.W.’s) face while threatening her life.”

Following court, the young woman said it’s embarrassing Akau could not face her, especially after he had apologized so profusely.

“I pity him,” she said. “I am a little embarrassed for him that he can’t even look me in the eye after this.”

A.W. said that while she was pleased with her attorney, she believes the way the justice system handles domestic violence must be examined.

“My lawyers did the best they could,” she said. “But the fact they didn’t go with the attempted murder charge was also frustrating.”

Akau and his family immigrated to Canada from Sudan where, as a child, he witnessed horrific acts of violence, abuse and predatory behaviour, defence lawyer Simmonds told court during a previous proceeding.

Akau excelled at sports and earned a football scholarship to Carleton University in Ottawa. A knee injury later dashed his dream of a pro football career. Akau started taking painkillers and later fell into a worsening spiral of drug and alcohol abuse, according to Simmonds.

A.W.’s family agreed while Crown lawyers worked diligently, the sentencing was disappointing.

“This guy put a loaded gun to my daughter’s head and threatened her life,” the woman’s father said.

“He smashed her phone so that she couldn’t and basically said he was going to kill her and then pulled the trigger. So if that’s not attempted murder, I’d love to know what is.”

The woman’s father commended the Crown, police and the firefighter who helped her, but said the justice system let them down.

“Not the individuals; but a system that doesn’t recognize that’s attempted murder. There’s something wrong there.”

He doesn’t feel the pattern of violence and the escalation leading up to the shooting was given the proper weight.

A.W. said while she wanted a harsher sentence for her attacker, and has more surgeries and treatment ahead of her, Monday’s sentencing did bring some closure.

“It’s nice that I don’t ever have to look at him again,” she said.

A.W. said the sentencing is just “one step closer” to her returning to full-time work — and regular life — saying every day she’s “putting in the work.”