CALGARY – A Brazilian student who was blinded when struck by a stray bullet in a downtown dispute between two men will tell court Tuesday how the devastating crime has affected him.
Jose Neto, 26, and his fiancee Roberta Porto, 27, will read their victim impact statements in court on the opening day of evidence at a dangerous offender hearing.
"It’s really important. For me, it’s nice to go in there and tell them how I’ve been feeling," Neto said on Monday. "So, people can hear a little bit about a part of my life. I can’t read, so we’ll try to find some way to have it read for me."
Neto said he and Porto have since been engaged and plan to be married in July.
"Things are going OK. I’m re-learning stuff, reading Braille, and making music," Neto added. "I’m kind of doing some speeches and I’m excited about me and Roberta being engaged. Our life and everything is going good."
Crown prosecutors Gord Wong and Britta Kristensen will be trying to convince provincial court Judge Catherine Skene over the next seven days that Roland Ashley Warawa, 31, should be locked up indefinitely for the incident.
On Sept. 16, 2008, Warawa got into a confrontation downtown at Circle Park, just east of James Short Parkade, and shot at Michael Martel with a .22-calibre handgun.
According to witnesses, Warawa and his girlfriend then walked away, aware the bullet had missed Martel, but unaware it struck Neto.
The student had been sitting with his girlfriend some 30 to 40 metres away.
Neto had been living in Calgary for only eight months at the time and was on the verge of an international business degree and working to improve his English when he lost his sight without warning.
Porto, who had been in the city only three months, was by his side that evening.
They were walking toward the C-Train along Centre Street about 10 p. m. when a fight had broken out nearby.
Warawa, who had been involved in three prior shooting incidents in his criminal career, pulled out a handgun and fired the errant shot that struck Neto in the face.
Prosecutors entered eight binders of exhibits on Monday, then adjourned the case until Tuesday to allow the judge to review them.
Warawa had pleaded guilty through lawyer Simon Lord last May to five charges: two counts of discharging a firearm with intent to wound or endanger life, one count each of aggravated assault, possessing a prohibited firearm with ammunition, and possessing a firearm while prohibited by the courts.
Warawa was subsequently assessed by a psychiatrist for 60 days while in custody and the ensuing report supported the Crown’s dangerous offender bid.
Prosecutors then received permission from the Attorney General to go ahead with the application.
Warawa was originally charged with attempted murder, but Wong said the Crown faced difficulty proving intent to kill and accepted the lesser charges.
Warawa was sentenced in May 1998 to 10 1/2 years in prison for shooting a jewelry store owner in the neck and firing at two policemen during a botched northeast robbery.
Court heard at the time the heist was well-planned and aggravated by the use of a firearm.
He had pleaded guilty to seven offences, including attempted murder and two counts of firing a gun with intent to wound during the Calgary heist.
dslade@theherald.canwest.com
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