Man who sold pistol to accused Faro, Yukon, shooter given 8-month sentence

A man who illegally bought and then sold a pistol back to Ralph Shaw — who stands accused of using that same gun during a deadly 2021 shooting in Faro, Yukon — will spend four months on house-arrest followed by another four under curfew. 

Rory Patrick McGivern, 58, pleaded guilty in March to one count of transferring a restricted firearm without lawful authority. Yukon Territorial Court Judge John Phelps sentenced him in Faro last week. 

Police originally charged McGivern with eight firearm-related offences in 2022, about a year after Saengduean Honchaiyaphum, 42, and Patrick McCracken, 73, were fatally shot in the village and another person seriously injured. 

Shaw, Honchaiyaphum's estranged husband, was arrested in the aftermath and remains in custody awaiting trial on a number of charges, including two counts of first-degree murder. 

According to Phelps's sentencing decision, McGivern, in the spring or summer of 2020, accepted an offer from Shaw to buy "an older .45 calibre pistol" for $500 from him.

McGivern told Shaw that he could have the pistol back if he ever wanted it, and also received some ammunition for the gun. 

On Oct. 26, 2021, the decision continues, Shaw went to McGivern's home in Faro and asked for the pistol back, telling McGivern that "his friend needed the firearm back and he was going to return it to that friend." 

McGivern gave the pistol and accompanying ammunition to Shaw for $500. 

The shooting followed, "and it is believed that the pistol sold to Mr. Shaw by Mr. McGivern was one of the guns used in the shootings," Phelps wrote. 

While McGivern didn't know the events that would unfold after the pistol sale, at the time, he legally owned several restricted firearms "and was fully aware of the legal steps necessary to purchase and transport such a firearm." 

"None of the necessary steps were taken in relation to the pistol," Phelps wrote.

The Crown, in sentencing arguments, suggested a sentence between 18 months and two years less a day, which could be served in the community, would be appropriate, while the defence requested a conditional discharge. 

McGivern shows remorse, doesn't want to own or use firearms again

Phelps, in his decision, split the middle, finding that the aggravating factors of the case ruled out granting McGivern conditional discharge. The fact that McGivern was a licensed restricted-firearms owner meant he had a "heightened responsibility" to follow the legal requirements for a restricted firearm purchase.

There was also "no disputing" that McGivern knew the pistol was a "very dangerous firearm," Phelps wrote, and that while he didn't know what Shaw "intended to do that day," Shaw had told him that he was going to give the pistol to a friend. 

"Mr. McGivern should have been alert to the inherent danger of such activity and should have declined to transfer the pistol to Mr. Shaw," Phelps wrote. 

However, the judge noted there were also several mitigating factors in the case, including McGivern's show of remorse. McGivern called 911 approximately two hours after the shooting to report that he knew something, Phelps wrote, and was "persistent" in trying to provide information to police, finally meeting with the RCMP four days later, waiving his right to a lawyer and providing "incriminating statements" about the pistol exchanges. 

McGivern also entered his guilty plea early in the legal process, provided a number of letters of support from other Faro residents, and also stated that he never wanted to use or own a firearm again. 

Phelps ultimately gave McGivern an eight-month sentence, the first half of which he must largely remain in his home or on his property in Faro and after which he will be subject to a curfew between 8 p.m. and 6 a.m. daily. 

McGivern is subject to a number of other conditions during that time, including not possessing or consuming any alcohol, attending counselling as directed by his supervisor, not possessing any weapons, and performing 35 hours of community service. As well, he's prohibited from owning any firearms, weapons, ammunition or explosives for five years, will forfeit the firearms the RCMP seized from him during the investigation, and pay a $200 victim surcharge. 

The Crown withdrew the seven remaining charges against McGivern.