Windsor man sentenced to seven years for role in 16-year old's death

·2 min read

A Windsor man was sentenced Monday to seven years in prison for his involvement in the shooting death of 16-year-old Chance Gauthier in 2018.

Mal Chol was sentenced in Superior Court on a charge of manslaughter.

According to court records filed with the sentencing, in February, 2018, Chol, a 22 year-old from Windsor, stood by as Nour Rabee, 19 at the time, shot Gauthier in the back of the head with a shotgun, killing him. The weapon has never been recovered. Rabee has fled the country and has never been arrested.

The killing happened after an argument at a party on Tecumseh Road East. According to the courts, Rabee allegedly believed that Gauthier was responsible for a stolen car that Rabee's friends were arrested for. Rabee ordered Gautheir to get into the trunk of his car, with Chol in the passenger seat. Rabee drove to an alleyway downtown, where he fatally shot Gauthier. Chol was later seen carrying away the duffel bag which carried the shotgun.

He was arrested shortly after, and pleaded guilty in July to the reduced charge of manslaughter. He had originally been charged with first degree murder.

It was not Chol's first run-in with the law. He came to Canada with his family from East Africa when he was five years old, and fell into a life of crime

In his sentencing, Regional Senior Justice Bruce Thomas acknowledged that Chol has had a difficult life, but also that his actions and inaction had a terrible impact on the victim's loved ones.

"It is clear to me in a case such as this, denunciation and deterrence must be my primary objective without losing sight of the fact that Mr. Chol is a 22-year-old offender who needs to be assisted in rehabilitation," he said.

Justice Thomas went on to call the crime "A serious violent crime, effectively an execution by shotgun blast to the head of a defenceless youthful victim."

Chol has been in custody at the Elgin-Middlesex Detention Centre in London for most of his pre-sentence incarceration since his arrest. His sentence was reduced from eight years to seven due to 109 days he spent in partial lockdown, which was because of staff shortages and not the COVID-19 pandemic.

He also received 1.5 days of credit for every day served before sentencing, meaning he has two years and 325 days to serve from the date of sentencing.