One of two brothers charged in the fatal shooting of a Calgary man in the city’s northwest pleaded guilty Monday to manslaughter.
Jermaine Bailey had been charged with first-degree murder in connection with the Jan. 21, 2019 death of Jordan Moore.
Moore, 34, was found in an alley behind the 100 block of 15 Street N.W. just after midnight on Jan. 22 that year, after police were called to the area for reports of an injured man suffering from a gunshot wound.
Both Bailey, 32, and his younger brother, Xavier, were initially jointly charged with Moore’s murder.
But in April 2020, Crown prosecutor Mike Ewenson filed a direct indictment against the brothers, reducing Xavier’s charge to accessory after the fact to murder.
The brothers were scheduled to begin facing a three-week court trial Monday, but instead, a plea deal was worked out.
Xavier’s charge will be dealt with at a later date.
Reading from a statement of agreed facts signed by Jermaine Bailey and his lawyer, David Chow, Ewenson detailed the deadly encounter.
Justice Kim Nixon accepted a joint submission by Ewenson and Chow to hand Bailey a nine-year sentence, minus credit for remand time he’s already served.
Chow said it was important to stress the facts did not support a murder charge.
“This was not an execution; this is … an unfortunate exchange between two individuals,” he said.
According to the agreed facts, Bailey shot Moore in an alley behind the residence of a neighbour of the victim, Nancy Seidler.
Seidler had arranged to purchase cocaine from Bailey, who arrived behind her house in a newer model Mercedes sedan.
Moore, who had been drinking with Seidler earlier, had objected to her plans to buy cocaine fearing it could lead to her losing her daughter, Ewenson said.
As Seidler was completing her transaction in Bailey’s car, Moore came up from behind and smashed the back window with a large piece of wood.
Seidler went into her house while Bailey and Moore had a conversation in which they discussed Moore paying for the broken window, Ewenson said.
But when Bailey returned an hour later to deal with the payment, Moore attacked him with a large walking stick and was also armed with a machete, he told Nixon.
“The accused began to retreat with Mr. Moore swinging at him,” Ewenson said.
Fearing the assault, the accused drew his weapon and admits firing it multiple times while fleeing Mr. Moore.”
A single bullet struck Moore’s head, killing him.
Before sentencing, Nixon heard victim impact statements from Moore’s mother, Margaret and his brother, Jason.
“I miss my son, he was precious to me,” Margaret Moore said. “I will never see him again this side of eternity.”
But being a religious woman, she said she could not be angry at Bailey and said, “Jermaine, I forgive you.”
On Twitter: @KMartinCourts