Whitehorse Daily Star

Man convicted in shooting plans to appeal

The man convicted of a 2019 shooting in front of Whitehorse’s 202 Bar has filed a notice he intends to appeal.

By Mark Page on December 27, 2023

The man convicted of a 2019 shooting in front of Whitehorse’s 202 Bar has filed a notice he intends to appeal.

In a notice filed Dec. 13, Malakal Tuel lists four grounds for his appeal.

He argues the verdict was unreasonable or cannot be supported by evidence; that it was based on a wrong decision on a question of law; that there was a miscarriage of justice; and that there “was many years of work and friendship with the members of the Papequash family.”

Tuel was convicted of several charges for shooting John Papequash in the head after several verbal and physical altercations earlier that evening.

The most serious count was for discharging a firearm with the intent to wound.

He was acquitted of the more serious charge of attempted murder.

Papequash survived the shooting, though he endured “massive trauma” to his brain, according to court documents.

Tuel was sentenced to 10 years in prison, with six years’ credit for time served. It is common to get 1.5 years’ credit for every year served while going through the legal process.

During his sentencing, Tuel argued for leniency due to the traumatic events of his childhood, during which he said he was forced to serve as a child soldier in South Sudan, as well as the racism and other indignities he endured after fleeing to Canada as a teenager.

The appeal does not involve Joseph Wuor, who was also convicted of drug and firearms charges in relation to the incident.

Wuor was with Tuel at the 202 Bar on the night of the shooting and they were arrested together several hours later.

RCMP officers found them in a vehicle containing the firearm linked to the shooting as well as 8.28 grams of crack cocaine.

Though this represents the start of the appeal process, Tuel will have to meet other deadlines and make several more submissions before his appeal can be heard in court.

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