Timothy Andrew Nightingale, 23, of Collingwood, pleaded guilty in the Ontario Court of Justice Apr. 14 to the indictable offences of breaking and entering a dwelling and using an imitation firearm in the commission of the crime. He was sentenced to two and a half years behind bars in a federal penitentiary, to be followed by three years on probation.
Nightingale’s jointly accused – Grant Shuttleworth, also 23 and a Collingwood resident – pleaded guilty to similar charges plus a breach of probation last December. He received four years in a federal penitentiary.
Prosecutor Paul Billington began by summarizing the evidence with a lengthy statement describing the case. He read that at 4:30 a.m. on Friday, Nov. 21, 2008, both accused went to a Matthew Way Co-op address, where they tried to buzz in but were denied entry. Driven by alcohol and seeking revenge for an uncle who was seriously assaulted 10 days before, Shuttleworth "went to the steel door and kicked it in," Billington said. Both men entered wearing cloth masks and brandishing air guns. A five-minute reign of terror by Nightingale and Shuttleworth ensued, during which the mother of two girls, age 11 and 13, was threatened with death if she did not reveal the whereabouts of the male occupant. According to earlier evidence, Nightingale was ordered upstairs to search in vain for the other man – who remained safely hidden in a closet throughout the invasion.
Meanwhile the mother had dialed 911, leaving the line open for the dispatcher to hear as both perpetrators "walked around smashing a television and ripping off closet doors." A bedroom door was also broken in half, added the Crown.
At one point Nightingale confronted the younger girl, after first kicking in her unlocked bedroom door. While the terrified victim watched from a corner, he told her: "I’m sorry, I don’t like doing this to kids." Shuttleworth then warned both girls and their mother that "there will be blood" if they could not locate the man they sought.
When police arrived at approximately 4:45 a.m., Nightingale – who was still holding the weapon – attempted to flee, court heard.
It was admitted in Tuesday’s court by both counsel that the first offender "doesn’t recall pointing a gun, but might have."
Trial lawyer Cecile Applegate said on her client’s behalf: "They were playing around with air guns. Shuttleworth tied a bandana around Mr. Nightingale’s face and his own. He thinks it’s a joke. When Shuttleworth kicked in the door, Mr. Nightingale knows it’s no longer a joke. Unfortunately he could have turned around and walked out, but he didn’t."
The accused stood before Mr. Justice Roland Harris: "I’d just like to say I’m very sorry," he said.
The defendant will be bound by a weapons ban for life. A DNA order will be affected within days, and his probationary period will address issues of alcohol abuse and empathy.
"Three hundred years ago," wrote Harris, "Sir Edward Coke came up with the phrase: ‘A man’s home is his castle.’ It’s usually the one place you can feel safe. Instead, in this case what was in store for a number of people not to mention the target, was stark horror.
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