BURLINGTON — Rashad Nashid, who shot a bystander outside of Nectar’s nightclub in 2018, was sentenced to 12½ years in prison Monday in federal court.
Nashid shot and seriously injured Chelsea Parker outside of Nectar’s on Feb. 26, 2018. Parker was shot in the lung and hospitalized at the University of Vermont Medical Center.
Nashid pleaded guilty to two counts of illegal firearm possession as a felon; he had prior convictions in New Jersey. He was facing a sentence between 11 and 15 years as the result of the plea agreement.
At Monday’s sentencing hearing, Nashid apologized to Parker and her family for his behavior and asked Judge William Sessions for leniency.
“Ms. Parker and the people on the street were victimized by my actions that night,” Nashid said. “That’s not who I am.”
Nashid had gotten into an altercation with brothers Carl and Dennis Martin inside of the bar and pulled his gun on Dennis Martin, according to police. He voluntarily gave his gun to Nectar’s staff, who returned it to him before the shooting.
Later that night, Carl Martin punched Nashid outside of Nectar’s and pulled his gun on him around the bar’s closing time. Nashid, running away, fired two shots around 2:11 a.m., one of which struck Parker.
At Monday’s hearing, Assistant U.S. Attorney Wendy Fuller asked for the full 15-year sentence.
“I don’t need to tell the court how serious this incident was,” Fuller said.
Fuller argued that along with Parker’s serious injuries, Burlington Police Department Sgt. Dan Merchand had also been affected by the incident. During the hearing, Fuller showed body camera footage from Merchand which showed him approaching Nashid after the shooting.
Nashid pulled his firearm from his waistband, leading Merchand to pull his gun on Nashid, who put the gun on the hood of Merchand’s cruiser.
Fuller said that it was a “miracle” that two people did not die that night, Parker and either Nashid or Merchand. Both Merchand and Parker were too impacted by their experiences that night to come to court, Fuller said.
“That could have been Sergeant Merchand not going back to his family that day,” Fuller said.
Nashid’s attorney, Steven Barth, asked for an 11-year sentence. He said that while Nashid should have never had a gun that night, he was acting in self-defense and had tried to defuse the altercation with the Martin brothers throughout the night.
Barth said that Nashid had a lifetime of trauma that should be taken into consideration in sentencing. He said his client had been given up for adoption as a 4-month-old baby and had no relationship with his biological parents.
Barth said Nashid had been molested as a child by an older cousin and had seen friends get shot to death while growing up in Newark, New Jersey. Nashid has mental health issues and a drug addiction, Barth said.
Friends and family wrote letters to the court describing Nashid as a kind, sincere person who is willing to better himself, Barth said. While incarcerated, Nashid has sought mental health care, treatment for his drug addiction and educational classes.
“An 11-year sentence is a significant, significant sentence,” Barth said.
Nashid said he did not realize he had a drug and alcohol problem until he was incarcerated. He said he had missed his son’s 18th birthday, senior prom and would likely miss his son having a child of his own while incarcerated.
Nashid said he felt as if he was already rehabilitated as he has worked to address his mental health and drug and alcohol issues while incarcerated.
“I’ve got to live with the fact I hurt an innocent person every day,” he said.
Cindy Parker Belisle, Parker’s mother, asked for the maximum sentence for Nashid. She said her daughter almost died twice during her hospitalization, and would not have survived if not for the heroism of the Burlington police and medical caregivers.
Belisle said her daughter has had trouble breathing since getting shot and has PTSD.
“I have zero forgiveness,” Belisle said.
Nashid had been charged in state court with aggravated assault with a deadly weapon, aggravated assault with a weapon and other charges. Chittenden County State’s Attorney Sarah George agreed to dismiss those charges as long as Nashid was sentenced to no less than 11 years in federal court.
Parker sued Nectar’s for negligence in January 2019 for returning the gun to Nashid. Parker and the bar settled the suit in December 2019 and did not disclose the terms of that agreement.
State liquor control authorities suspended Nectar’s liquor license for two days this summer and fined the bar $750 for returning Nashid’s firearm to him instead of calling police.
After the hearing, Belisle said while she may someday be willing to accept Nashid’s apology, that day hasn’t come.
“It’s just been an overwhelming journey for her,” Belisle said of her daughter. “I’m glad it’s over.”
