Sentencing submissions heard for Regina man convicted in deadly drive-by shooting

Isaiah Allary's sister says she's not sure she'll ever be able to forgive Devon Cyr for killing her brother in a drive-by shooting three years ago.

"Part of me died that day," Gracelynn Allary said in her victim impact statement read aloud at Regina's Court of King's Bench Tuesday morning.

"I know Creator will forgive you, but I can't find it in my heart."

On the evening of Jan. 25, 2020, police responded to the 1200 block of Rae Street after a report of a gunshot and an injured man.

Allary, a 24-year-old father of two, was pronounced dead at the scene by paramedics.

Cyr, 28, was initially charged with first-degree murder in the death — a charge that was later downgraded to second-degree murder. He pleaded not guilty.

In February, a jury ultimately convicted Cyr with the lesser offence of manslaughter.

Throughout the three-week trial, court heard from witnesses who testified that Cyr shot Allary after a verbal altercation stemming from either Allary owing Cyr money or Cyr's appearance. Cyr was shot in the face in June 2015, leaving his nose and upper lip disfigured. 

"Neither one of those would warrant any kind of follow up that would result in the death of a human being," Crown prosecutor Derek Davidson told reporters after court on Tuesday.

In his sentencing submission, he asked the judge to consider a life sentence, calling the case a "near-murder" that deserves significant time behind bars.

"[Cyr] created this entire situation," Davidson told the court.

"At its core, this was a drive-by shooting — a senseless act that resulted in the death of a young man."

Davidson pointed to Cyr's prior violent criminal record, breaking his gun prohibition at the time of the offence — which he has pleaded guilty to — and that the shooting happened in a residential neighbourhood.

Gladue factors (considerations from a report that contains information on the unique circumstances of an Indigenous offender) were also discussed in the sentencing submissions.

For example, Davidson acknowledged Cyr has fetal alcohol syndrome and had a traumatic childhood, which included time in foster care.

However, he noted that Cyr is "acutely aware of how dangerous firearms are," after his close call in 2015.

The defence also leaned on the Gladue considerations during its sentencing submission, but mostly focused on Cyr being under the influence of drugs and alcohol the night Allary was shot.

"I'm not thinking anywhere close to a life sentence," defence lawyer Adam Fritzler told the judge.

Instead, Fritzler proposed a sentence in the four- to 12-year range — the manslaughter sentence typically attached to the circumstances around his client's condition that night, he said.

Following sentencing submissions, Cyr also shared a few words in court, apologizing to the Allary family.

"It bugs me every day how things played out. …There's nothing I can say or do to make things right," he said. 

"I'm very sorry."

Cyr is set to be sentenced on July 7.