A St. John’s man facing a stiff jail term for two shootings four years ago stood before a judge Monday expressing remorse and a desire to turn his life around.
“I’m trying to better myself,” Jason Earl Marsh said during his sentencing hearing at Newfoundland Supreme Court. “I’m taking steps to do that.”
The 38-year-old apologized to the victims, their families and his own family for his role in two frightening incidents that sent shock waves through the community.
After listening to what Marsh said, Justice William Goodridge said, “You’ve still got lots of years ahead of you.”
“Yes, I do,” Marsh replied.
Marsh pleaded guilty to 12 counts, including two counts each of aggravated assault and possessing a prohibited weapon, along with counts of assault with a weapon and discharging a firearm with intent to harm or endanger the life of a man, other weapons charges and a court breach.
The charges stem from two incidents in 2013.
The first happened on Sept. 9, 2013, at a house on Boyle Street. When Marsh and two other men came to the house, the man living there, suspecting trouble, released his pit bull on the men. As they retreated, Marsh turned and shot at the man, using a sawed-off shot gun. The wide spray of pellets hit and injured the man.
In the early evening of Nov. 11, 2013, Marsh went to a house on Williams Heights and shot a man three times through the front door window with a .22-calibre gun. The man suffered serious injuries and required several surgeries.
Marsh and another man, Christopher Shaw, were arrested in connection with the shootings and were originally charged with attempted murder as a result of an undercover sting.
The “Mr. Big” operation involved Ontario police officers, since Marsh and Shaw were familiar with local officers.
One officer posed as an inmate in an adjacent cell to Marsh at the St. John’s Lockup in December 2013 after Marsh was picked up on a charge of breaching court orders from an unrelated matter.
Conversations with Marsh inside the lockup, as well as contact after he was released, led officers to find out information about both shootings. The undercover officers asked Shaw to get them a gun. Shaw, believing he was dealing with the Hells Angels, got them a .357 magnum handgun and 40 rounds of ammunition.
The more serious charges against Shaw were eventually dismissed after Marsh took full responsibility for the shootings and said he acted alone.
Shaw was sentenced to 3 1/2 years in August after pleading guilty to trafficking in a restricted weapon and with breaching a court order banning him from having a prohibited weapon. He also pleaded guilty to not having a licence for the gun and for not having it stored properly.
During Marsh’s sentencing hearing Monday, Crown prosecutor Lisa Stead said Marsh should get a 16-year prison term. With the five years’ credit he would get for time served, that would leave about 11 years on his term.
Stead said Marsh, who has a lengthy criminal record, has participated in several rehabilitative programs over the years while he was behind bars, “But still, we find ourselves here.”
She said a pre-sentence report deemed him to be a high risk to reoffend and should be banned for life from having a firearm.
Defence lawyer Arnold Hussey said a 10-year prison term is more appropriate, leaving five years on his term.
Hussey told the judge that Marsh had a difficult childhood. He was sexually assaulted when he was five years old, spent time in foster homes and spent most of his teenage years on the street.
Hussey said Marsh became involved in the drug trade and his life spiralled out of control.
“He indicated that if (getting arrested) hadn’t happened, he’d end up killing someone,” said Hussey, adding that Marsh has gained insight into his problems.
Goodridge will render his decision Friday.
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