SASKATOON — A man who pleaded guilty to manslaughter in the 2022 shooting death of Kaylum Tom appeared in court Jan. 22 for a sentencing hearing, where the Crown argued for a 14-year prison sentence and the defence asked for a sentence between nine and 12 years.
Zennen Clyde Thomas admitted to fatally shooting Tom on Dec. 1, 2022. He was initially charged with second-degree murder.
“It was just an absolutely senseless act of violence,” that was at the “near-murder” end of the manslaughter range, said Crown prosecutor Jaimie MacLean.
MacLean said Thomas had every opportunity to leave the scene in a waiting taxi but instead chose to pull out a firearm, aim, and shoot Tom at close range. Court heard that the two didn’t know each other.
“This offence occurred in broad daylight on a residential street in our city where uninvolved bystanders were also close by,” said MacLean. “And I know I've indicated this before, but I don't think that it can go unsaid, that Mr. Thomas could have just gotten into that cab and left.”
According to an agreed statement of facts Tom and his brother went to a suite at 126 Avenue W South to visit relatives and pick up some tattoo equipment, arriving in a white minivan with several others who stayed in the vehicle.
Around the same time, Thomas and two others also went to the same suite, though the groups weren’t connected.
Thomas later waited outside the building for a cab. Tom and his brother returned to their minivan but remained inside, where Tom’s brother referred to the other group as “Squids,” a term linked to the Terror Squad street gang.
When a taxi arrived, Thomas approached it but didn’t get in. Tom and his brother then walked toward the cab. Court heard that comments were exchanged about gang affiliation before Thomas pulled out a firearm, pointed it at them, and fired a single shot, striking Tom in the chest.
Tom retreated to the minivan, and Thomas got into the taxi and left. Moments later, a police officer on routine patrol was flagged down by people in the minivan. Tom was taken to hospital and pronounced dead at 12:04 p.m.
Police released still images of video surveillance of Thomas and asked the public to report any sightings. He was soon arrested in the 200 block of Avenue I North after police had responded to a disturbance.
The prosecutor listed the aggravating factors, such as the unprovoked nature of the attack, the use of a firearm, Thomas’s lengthy criminal record – including weapons offences – and a pre-sentence report assessing him as a high risk to re-offend with limited insight into his behaviour or its impact on the victim’s family.
She acknowledged mitigating factors, including Thomas’s guilty plea, his Indigenous background and Gladue factors, his low education, addiction issues, and his diagnosis of fetal alcohol spectrum disorder (FASD). But she argued these didn’t significantly reduce his responsibility for this “grave offence.”
She also requested a DNA order and a 10-year firearms prohibition.
Defence lawyer Tanis Talbot argued that Thomas’s moral blameworthiness should be considered lower because of his cognitive impairments and his significant Gladue issues.
Thomas has been in custody since his arrest on Dec. 19, 2022, and has spent 1,131 days on remand. When he is sentenced, he will be given 1.5-to-1-day credit, or about 1,697 days off of his sentence.
When asked by Justice Natasha Crooks if he wanted to say anything, Thomas said “no.”
Justice Crooks reserved her sentencing decision until Feb. 12.
Story updated.
ljoy@sasktoday.ca
