Federal time for Murphy Lake man for June 2013 incident
KENTVILLE - A Kentville man who was shot almost a year ago at his Park Street home said the attack âbegan with a horrific âboomâ that echoed in the midnight air.
âI felt unbelievable pain in my face and mouth,â said George Woodworth as he read his victim impact statement May 28 in Kentville court
Tony Allan Nickerson, formerly of Murphy Lake, was sentenced to five years in custody on charges stemming from the June 14, 2013, shooting.
âIâd like to apologize to all people involved,â Nickerson said when asked by Judge Claudine MacDonald prior to sentencing if he had anything to say. âIâm very remorseful.â
Woodworth said the shooting was a life-changing event.
âBlood was gushing out and the pain was unbearable,â he said while describing the first shot that struck him.
Woodworth said he staggered backwards and heard another âsmashing boomâ that hit near his heart. He said the shot collapsed his lung and shotgun shot narrowly missed his eye. He âfumbledâ back to the house to call 911.
The Kentville man said he feared he would die without having a chance to say goodbye to his family. Woodworth said he was unable to speak due to the swelling and could only communicate using hand gestures and writing. His whole life changed and he was unable to work as a carpenter and roofer.
âMy family was so scared to come to my house after, in fear of him returning,â Woodworth said.
Effects of the attack linger. Woodworth said he not only has 30 shotgun shots lodged in his body, but also suffers nightmares, anxiety attacks and depression
Nickerson was arrested about an hour after the shooting, which took place just after 12:30 a.m. outside the Park Street home.
The court heard Wednesday that the accused and his female partner were in bed when a text message come in on her phone. Nickerson saw it was from Woodworth, who he suspected was having an affair with Nickersonâs spouse.
Posing as the woman, Nickerson texted back and forth with Woodworth for about 50 minutes. Nickerson then retrieved a sawed-off shotgun from a locked case beneath his pool table containing other firearms and ammunition and drove to Kentville.
He lured Nickerson outside to a parking area and said, âSurprise, itâs me mother fucker.â
âTony please, donât do it, donât do it,â Woodworth said, before Nickerson twice shot the other man: the first time in the face and the second time in the upper torso.
Crown attorney Jim Fyfe argued for a sentence between four and six years while public defender Ken Greer asked the court for a four-year sentence.
Greer said Nickerson intended to frighten the victim, not kill him, and thought he had fired over Woodworthâs head. He said Nickerson has been living lawfully in the community since his release last June and has complied with strict conditions. Greer said Nickerson âhas taken concrete and constructive stepsâ to deal with his mental health issues. Greer said Nickerson was suffering from depression at the time of the offences.
Fyfe argued Nickerson had time to consider what he was doing before he lured Woodworth out of his house and shot him. Nickerson left the scene without knowing how seriously Woodworth was injured and, Fyfe said, the shotgun used was potentially lethal.
âItâs designed to kill and tear through flesh and thatâs what it did,â Fyfe said.
The court heard from Fyfe and Greer that Nickersonâs pre-sentence report was âpositive.â
Among the exhibits viewed by MacDonald prior to handing down the sentence was a series of photographs of Woodworthâs injuries.
MacDonald said she agreed Nickerson had plenty of time to consider his actions before he shot Woodworth. She told Nickerson that what he did endangered Woodworthâs life and, based on a pre-sentence report and letters Greer presented, was âout of characterâ for Nickerson.
âYou could have come to your senses and you didnât,â MacDonald told the accused.
She sentenced Nickerson to five years in custody for possessing a loaded, prohibited firearm without a licence or authorization; possessing a prohibited device, a sawed-off shotgun, for a purpose dangerous to the public peace; committing an aggravated assault by endangering the life of George Woodworth; and using a firearm, a 12-gauge shotgun, while committing the indictable offence of aggravated assault.
The court also imposed a 15-year firearm prohibition against Nickerson and granted a DNA order. The court also granted a forfeiture order for offence-related items seized.
Nickerson entered not guilty pleas to charges of attempting to murder George Woodworth with a sawed-off shotgun and possessing firearms without a licence. The Crown offered no further evidence on these charged and they were dismissed.