Shooter gets 40 years for parking lot death (2024)

Justin Charles McDermott, 35, Minot, appeared before North Central District Court Judge Gary Lee for his sentencing. McDermott’s plea was accepted on an open plea basis without an agreement between the parties as to the recommended sentence.

Despite a requested sentence of life without the possibility of parole from Ward County State’s Attorney Roza Larson, Lee ordered McDermott to serve 40 years at the state penitentiary, to first serve 35 years with five years of supervised probation.

The courtroom was filled by friends and family members of both McDermott and the victim, Kenny Javar, 36, Minot. Two victim impact statements were provided before the sentencing by Javar’s widow, Jennifer Javar, and his teenage son, Jaylen Javar, who had gone out to dinner with him only hours before his father was killed.

“Kenny was my best friend and nemesis for 17 years. He made me stronger and the luckiest girl alive. He gave me the greatest gifts a girl could have – four beautiful children that he loved dearly. But he will not be able to experience the many milestones yet to come, and they will not be able to have those experiences with him,” Jennifer Javar said. “At the end of today, nobody wins. Nobody. Today’s decision will affect many, so I ask you dear honorable Judge Lee, to please take the time to make the right decision.”

Charles Crane/MDNNorth Central District Court Judge Gary Lee said determining sentences in murder cases are the hardest he has to make as a judge.

“My dad was someone I never thought I’d have to live without. Now I have to remember him longer than I knew him,” Jaylen Javar said. “The last thing we said to each other was, ‘I love you.’ Justin, I want to spread that love over to you, and I want you to know I forgive you and I wish the best for you. I forgive you as the Lord forgives you.”

McDermott also briefly gave a statement, saying he deeply regretted his actions, and he would accept whatever sentence Lee deemed appropriate.

“There’s nothing here I can do today to satisfy or please everyone. It’s very difficult. I can’t let my personal feelings or beliefs color my decision here. My decision here today is guided by how the legislature has laid it out,” Lee said. “His conduct caused the ultimate harm, that is the death of a fellow citizen.”

Lee said he did not believe McDermott went to the bar that evening to kill anyone, but said there was no excuse or justification for his conduct after his exchange of words with Javar. However, Lee gave particular weight to the pretrial sentence report which stated McDermott had a low probability to reoffend, his remorse over his actions, and his lack of criminal record, saying he disagreed with a statement from Larson that it was common to see charges of murder against those without prior criminal behavior in their background.

“It’s one of the things that seems so strange to me here. As I understand it, based on the presentence investigation, there’s no evidence of prior criminal behavior, violent or otherwise,” Lee said. “It’s almost incomprehensible to me that a law abiding person like Mr. McDermott would snap so instantly that he would kill another person in cold blood.”

Javar’s death marked the first of three bar shootings in Minot that occurred between December 2022 and May 2023 which resulted in two deaths and permanent impairment to a victim in another. Lee acknowledged the need for the sentence to create a deterrent effect to prevent similar incidents from occurring in the future, saying it should send a message to the public that, “this kind of behavior will not be tolerated.”

Lee said that due to the gravity of the act that a lengthy sentence was required.

However, Lee cited a number of recent murder convictions in the district, taking note of each defendant’s actions, and the sentence they ultimately received. Lee found that a life sentence without parole was typically appropriate if the murder was premeditated, but that other cases involving murders brought on by a “snap from reality” or loss of self control typically saw sentences of 35 to 40 years in prison.

Javar’s family were visibly upset by the ruling, with some briefly voicing their frustration as McDermott was led out of the courtroom to begin serving his sentence.

McDermott will be eligible for parole after he serves 85% of the 35 years. McDermott was ordered to refrain from purchasing or using alcohol or other illicit drugs for the duration of his probation. He was given credit for 412 days served, and is eligible for 59 days of good time. Lee waived a $900 criminal administration fee, and assessed $125 in court fines and fees. McDermott had previously agreed to pay Javar’s family $23,446.61 in restitution for funeral costs.