Philip Pynn has 4 years left to serve for shooting friend Nick Winsor
Philip Pynn was sentenced Friday to 8.5 years in prison for the 2011 shooting that killed his best friend, and showcased the criminal underside of St. John's in a spectacular trial.
Justice James Adams gave Pynn a credit of 4.5 years for time already served since he surrendered to police after he shot Nick Winsor to death.
The Crown had argued that Pynn, 28, should have been given a prison sentence of 18 years for his conviction of manslaughter in the 2011 shooting death of Winsor at a house on Portugal Cove Road. The defence, though, argued that Pynn should receive a sentence of between six and eight years.
When asked if he had anything to say prior to sentencing, Pynn stood up and turned towards the courtroom gallery.
"I am truly, truly sorry," Pynn said to Donna Pardy, Winsor's mother, who sat in court near clearly emotional members of Pynn's own family.
"The way I acted after was uncalled for."
With his hand on his chest, weeping, Pynn said Winsor was truly missed.
A jury in November found Pynn guilty of the lesser charge of manslaughter after a trial on a second-degree murder charge. Lyndon Butler, who had also been charged in the case, was found not guilty.
Sentence should not be crushing, judge says
Adams, who noted that Pynn has a Grade 6 education and grew up in chaotic circumstances, said Pynn dealt drugs to stay alive from a young age, and that he has also had problems with addictions.
Pynn brought a gun with him that July 2011 night when he went to the house of Tom "Billy" Power. The two, and another man, wound up in Power's garage where Pynn's weapon fired and killed Winsor.
Adams rejected the Crown's sentencing recommendation as too heavy, and also turned down the suggestion to give Pynn a half-day's credit for each day that he has been in custody since his arrest in the summer of 2011.
Adams said his sentence could not be crushing to Pynn.
"He has time to turn his life around but only he can do it," said Adams, who added that he is not naive.
According to Pynn's lawyer Mark Gruchy, Pynn does plan on improving his life and moving forward while serving his sentence in a federal institution.
Pynn would serve two thirds of his four-year sentence with statutory remission.
"If he goes to a federal facility he's going to get a lot more programming and assistance with respect to readjustment [that] he simply wouldn't get there," Gruchy said outside the Supreme Court steps.
"Those tears you saw Mr. Pynn cry today were completely genuine. He is absolutely devastated and has been for years that his best friend is gone."
Misunderstood sentence
After Adams left the bench and Pynn was escorted in the holding cell, Pynn's mother Loretta began crying hysterically.
"He's my kid," Loretta Pynn yelled at Crown David Bright. "You took my son away from me, you nasty man!"
Loretta Pynn explained her outburst to reporters after she walked outside the courthouse.
"I didn't understand a lot of it, and then when [Justice Adams] was giving him this much time for assault and weapon, I thought it was all adding up to his time."
"So, I lost my cool I guess," Loretta Pynn said.
Adams also sentenced Pynn for other charges related to the killing of Winsor, but the sentences will run concurrent.
Nick Winsor remembered
For the first time since Winsor was shot at the age of 20, his family spoke publicly about his death.
His uncle, Paul Winsor, who sat in through some of the court proceedings with his sister Donna Pardy read off a written statement, as members of Pynn's family watched close by.
"In a few months from now, it will be four long years since Nicholas's untimely passing," Winsor said. "We lost a son, brother, grandson and cousin."
Winsor expressed sadness over the fact the family couldn't fully mourn Nick Winsor's death.
"The [intensity] in those few short days was extremely high and uncomfortable," he said.
"The trial was highly visible in the media and hard on all of the family, especially Nicholas's mother."
Winsor said he hopes the family can move on now that the trial has finished, with Nick Winsor always in their hearts.
'It is what it is'
Following Pynn's sentencing, Crown David Bright, who was adamant Pynn should receive a longer sentence due to his lengthy criminal record and jailhouse misbehaviour, said he accepts Adams' decision.
"I had personally felt that the significant record for Mr. Pynn should have held a substantial sway, together with his conduct within the penitentiary — but it is what it is," Bright said.
While Adams said Bright's suggestion was out of range of the normal sentences given to those convicted of manslaughter, the seasoned Crown attorney said he doesn't think it was that beyond reason.
"If I didn't think it was realistic, I wouldn't have asked for it."
Reporter Ariana Kelland provided updates from Supreme Court in our live blog.