Judge lifts pub ban on details of deadly Saskatoon apartment shootout

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The details of a daytime shootout in a Nutana neighbourhood apartment building can now be reported after a Saskatoon King’s Bench judge lifted an interim publication ban on the agreed statement of facts.

On Aug. 7, Mohamed Abdula Ali, 37, was sentenced to six years after pleading guilty to manslaughter for his role in the shooting death of 29-year-old Brandon Baxandall on May 19, 2022.

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During the sentencing hearing, Justice Mona Dovell imposed a temporary ban on the facts — which outline Ali’s involvement in the violent altercation —  because she was concerned about how the details of a co-accused man’s involvement could affect the Crown’s ability to prosecute him.

Jonathan Ouellet-Gendron, 35, is wanted for first-degree murder in Baxandall’s death. An arrest warrant was issued five days after the killing. Despite near misses over the last two years, he hasn’t been found.

Crown prosecutor Lana Morelli said the Crown didn’t originally want a publication ban, and asked for it to be abandoned when a hearing was held last month.

“When we considered it, in consultation with police, it was clear that allowing the media to report would not interfere with our ability to prosecute (Gendron),” Morelli said.

Back in August, court heard Baxandall was found dead behind an apartment building at 710 Melrose Avenue after he was shot inside the building around 4:30 p.m.

He had white zip ties around his wrists, duct tape on his mouth and a lot of cash in his pockets.

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That information, and the following, comes from the agreed statement of facts read out in court.

Gendron, Ali and two other men lured Baxandall, who they knew through the drug trade, to Ali’s apartment. Earlier that day, Ali had overheard a conversation in French between Gendron and a man referred to as “Bob” about drugs and robbing someone.

Knowing Gendron wanted to meet Baxandall for “nefarious reasons,” Ali asked the victim to come over so he could pay him money he owed. The two men chatted and Ali paid Baxandall before Gendron and “Bob” emerged from a bedroom and tried to tie Baxandall up.

Baxandall drew a semi-automatic handgun, shot at “Bob,” missed, and hit another man before his gun jammed.

“A gunfight ensued,” leaving bullet holes in the walls and blood in the hallway of a building filled with people. 

Ali, who was between Gendron, “Bob” and Baxandall, was hit three times. Baxandall was shot in the neck, in the side of his body and twice in the back as he tried to run away.

Police determined that Gendron had shot both Baxandall and Ali. A 9 mm Glock found in a back alley garbage bin had Gendron’s DNA on it, and the handgun had fired a bullet removed from Baxandall’s body.

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Ali’s handgun was also in the bin, but no spent casings or bullets from it were found in the apartment. He was hospitalized and charged three days later with first-degree murder.

He told police that he was also a victim in the shooting. Morelli said while Ali didn’t shoot anyone or know the full extent of Gendron’s plan, he knew there would be violence when he helped lure Baxandall to his suite. Two weeks earlier, Ali had helped Gendron buy zip-ties, duct tape, gardening sheers and rope for their drug business.

His recklessness led to Baxandall’s death, Morelli argued.

Court heard Ali had decided to leave the drug trade and move back to Alberta, where his wife had just given birth to their second child. Ali has three other children.

Defence lawyer Nicholas Stooshinoff said his client considered Baxandall, who also had two young kids, a “good guy.”

It’s the “filthy nature of drug trafficking” he said, noting everyone had guns, including the victim.

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