A judge sentenced James Garthwaite, 26, to 10 years in prison Tuesday after he pleaded guilty to manslaughter in the 2017 death of Dana Camber.
Dana Camber was shot in the abdomen with a shotgun in her Kozlov Street apartment building on March 14, 2017.
The court heard Garthwaite shot Camber with a sawed-off shot gun, but she was not the intended target.
"She was, in that sense, an innocent bystander,” said Justice Michelle Fuerst. “Ms. Camber was killed as Mr. Garthwaite tried to invade her home in pursuit of Mr. Nanabush… Ms. Camber had no involvement in the dealings between Mr. Garthwaite and Mr. Nanabush and did not provoke Mr. Garthwaite’s anger in any way."
During sentencing Justice Michelle Fuerst noted that Garthwaite who was on parole and bound by a firearms prohibition, took steps to hide the shotgun.
“The circumstances of this manslaughter are highly aggravating…Mr. Garthwaite chose to take with him a gun that he knew was loaded," said Justice Fuerst.
Justice Fuerst also noted Garthwaite's conduct at the time of the offence involved using, selling and buying drugs, as well as carrying a prohibited weapon and ammunition for it.
“He chose to carry a firearm that he knew was loaded to a planned robbery. A substantial penitentiary sentence is required,” the judge said.
The judge gave Garthwaite 16 months credit for time spent in custody.
Garthwaite is the last of three men to be sentenced in the death of Camber.
Greg Keays and David Glover both pleaded guilty to accessory to murder in June.
Both men were given credit for time served during pre-trial custody.
They were each given suspended sentences and two years’ probation.
