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Day two of Nolan Schmidt sentencing sees Crown seek 12 years, defence six

Picture of Nathan Schmidt courtesy of Facebook.

DAWSON CREEK, B.C. - The second day of Nolan Schmidt’s sentencing proceedings wrapped up Tuesday at BC Supreme Court in Dawson Creek.

The Crown seeking 12 years behind bars for manslaughter and a concurrent six-year sentence for aggravated assault. The defence, asking for six years for the manslaughter conviction.

Schmidt pleaded guilty to manslaughter in the January 19, 2025 shooting death of Johnny Freeman. He also pleaded guilty to a separate charge of aggravated assault in relation to the shooting of Brandon Badger later that same night.

Tuesday’s submissions focused on the circumstances surrounding both shootings and how they should influence Schmidt’s sentence.

Day two of Nolan Schmidt sentencing sees Crown seek 12 years, defence six Johnny Freeman is pictured in an undated photo provided by his daughter, Nikita Whitford.

The defence argued Schmidt’s drug use should be considered a mitigating factor, and that all three men involved in the Freeman shooting were using drugs at the time.

The Crown challenged the evidence behind that argument, arguing there is no evidence Freeman or a witness had consumed drugs that evening. Crown also says the court heard no evidence that either location involved in the case was a drug house.

While the Crown does not dispute that Schmidt was intoxicated, the prosecutor says there is no evidence before the court establishing the degree of his impairment.

The two sides also disagree over how Schmidt’s handling of the shotgun should factor into his sentencing. The defence says concealing the firearm should not count as an aggravating factor, questioning whether openly brandishing it would have posed an even greater danger.

According to Crown, Schmidt repeatedly concealed the firearm, taking it into Spike’s Pub while attempting to evade detection, placing the public at risk.

The defence also argues the shooting was closer to a near accident than a near murder. Counsel says Schmidt did not intend to shoot Freeman and fired only after Freeman lunged at him.

The Crown rejects that characterization, arguing the absence of an intent to kill does not make Freeman’s death a near accident.

Before the hearing wrapped up, Schmidt addressed the judge directly.

“The events that took place that night were not out of anger or hate,” he said.

Schmidt also told the court, “It eats at me. I can’t sleep. I feel like a monster.”

He added, “I feel as though whatever I get, I deserve.”

But Freeman’s family questioned the sincerity of those remarks. They believed Schmidt made them to save his own skin.

The family delivered victim impact statements on Monday, describing the lasting consequences of Freeman’s death.

The judge is expected to deliver Schmidt’s sentence on Thursday when the sentencing hearing resumes at 10 a.m.