Saskatchewan

Regina man sentenced to 14 years in prison for drive-by shooting death

Devon Cyr was the victim of an attempted murder in 2015. On Friday, he was sentenced to 14 years in prison for killing another man.

Isaiah Allary, 24, was killed in January 2020

Man in handcuffs walks out of court house with two guards.
Devon Cyr, 29, received a 14-year prison sentence for the killing of Isaiah Allary, 24. Allary was shot and killed in Regina in January 2020. (Will Draper/CBC)

Devon Cyr was the victim of an attempted murder in 2015. The shotgun blast to his face left him permanently scarred. 

Now Cyr will spend years behind bars for fatally shooting another man.

He was sentenced Friday to 14 years in prison for killing Isaiah Trent Allary, 24, in Regina in 2020, after a jury found him guilty of manslaughter earlier this year.

"Fourteen years for manslaughter is a just and fit sentence," Justice Richard Elson said as he read his sentencing decision at Regina's Court of King's Bench, while Cyr, 29, stood in a grey shirt in the prisoner box.

The sentence was reduced to eight years and 10 months because Cyr received credit for time already served in custody since January 2020. 

After the judge read his decision, one of Allary's loved ones cried in the courtroom, clutching a photo of him. 

"Hopefully this provides some closure to Mr. Allary's family," said Crown prosecutor Derek Davidson outside the courthouse on Friday. 

"At this point, the sentence that was imposed is a very serious sentence. It wasn't what the Crown was asking for, but also wasn't what defence was asking for, and the justice gave what he felt was a just decision and it fell somewhere in the middle."

Cyr 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 of the lesser offence of manslaughter.

'Sad and tragic' killing: judge

In his sentencing submission in May, Davidson called the Jan. 25, 2020, drive-by shooting of Allary "a senseless act that resulted in the death of a young man."

The Crown had asked for life in prison, while the defence had asked for a sentence of four to 12 years. 

Four years is the minimum sentence for manslaughter involving a firearm in Canada. Life is the maximum.

Davidson acknlowedged a life sentence is not common for manslaughter, but the Crown viewed the killing as a "near-murder." 

Justice Elson agreed with the Crown's characterization, calling the event "sad and tragic."

In his decision, Elson referenced Gladue factors in Cyr's case — considerations from a report that contains information on the unique circumstances of an Indigenous offender.

The Gladue report noted that Cyr experienced a difficult upbringing, which involved abuse and neglect, and also faced addiction later in his life.

It also discussed the 2015 shooting in Saskatoon that left Cyr in a coma and permanently disfigured his face, leaving him without a nose. He required multiple surgeries to recover. 

Elson said that despite these factors, the shooting death of Allary "calls for a substantial penitentiary sentence."

Allary, who was shot on Rae Street in Regina, was pronounced dead at the scene by paramedics.

Man with moustache in a black hat, white striped shirt and gold chain poses for selfie.
Isaiah Trent Allary was shot and killed in 1200 block of Rae Street on Jan. 25, 2020. (Isaiah Allary/Facebook)

Elson noted that the shooting happened in a residential neighbourhood, and that the weapon Cyr used in the shooting was one he had in violation of a court order.

The defence had suggested that Cyr was high on crystal meth at the time of the shooting, but the judge said there was "no clear evidence" of that. 

Allary's family did not speak to the media following the proceedings, but the Crown prosecutor said the tragedy has been heartbreaking for them. 

"This is not something any family ever wants to go through, and the Allary family is no exception," Davidson said. 

"He has a young child. His partner, at [that] time, is the mother of his child and is now raising that child alone."

Allary's sister addressed the court in May, during sentencing submissions. 

"Part of me died that day," said Gracelynn Allary. "I know Creator will forgive you, but I can't find it in my heart."

Cyr also addressed the court then. 

"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's lawyer Adam Fritzler read a statement on Friday, saying they are "glad that now Mr. Allary's family, Mr. Cyr and everyone involved in this can move on and focus on the healing process." 

ABOUT THE AUTHOR

Adam Hunter

Journalist

Adam Hunter is the provincial affairs reporter at CBC Saskatchewan, based in Regina. He has been with CBC for more than 18 years. Contact him: adam.hunter@cbc.ca

With files from Jessie Anton