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Written by Citizen staff
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Wednesday, 19 November 2008 |
After hearing submissions from all four defence lawyers, Mr. Justice Eric Chamberlist reserved his decision Wednesday in the sentencing of four men who have pleaded guilty to manslaughter in the death of a Dawson Creek man two years ago.
He will deliver his sentencing decision in B.C. Supreme Court in Prince George on Nov. 28 at 2 p.m. for Kyle Benjamin Abel, 25; Chrisopher Anthony Beaulieu, 29; Darcy Paul Beaulieu, 23; and Sheldon Bradley Ghostkeeper, 29.
Charges stem from the killing of Thomas Willcocks, 28, on Dec. 2, 2006, whose remains were found in a burned-out van in Dawson Creek.
The incident from which charges arose from a dispute with Willcocks in a motel room about the drug trade.
"It was a beating gone bad," said Rob Climie, defence counsel for Chris Beaulieu. It was not what judges refer to as a 'near murder', the defence lawyer said -- that is, the kind of manslaughter that comes close to murder in terms of prior planning and clear intention beforehand to cause bodily harm in reckless disregard about the likelihood of death, the defence lawyer said.
"He (Chris Beaulieu) was a follower rather than the initiator," Climie said. "He was highly intoxicated."
Abel tried CPR for 15 minutes on the deceased, Justice Chamberlist interposed.
Climie called for a sentence for Chris Beaulieu of three to four years of new time in prison, in addition to 37 months derived from double credit for eighteen-and-a-half months of time served in remand.
"Darcy Beaulieu didn't intend to kill the deceased," said Keith Aartsen, his lawyer.
"It was not the intent to murder him or cause irreparable bodily harm to the deceased," Aartsen said. "That is what did in fact happen, but it was just a situation where it (beating) just got out of hand."
There is no evidence that Darcy Beaulieu encouraged, directed or came up with the idea of how Willcocks's body was eventually disposed of, the defence lawyer said. "He did not commit the atrocity on the body of the deceased," Aartsen said
He called for a sentence "in the four- to six-year range" for Darcy Beaulieu.
"A near murder attracts longer sentences," he said. "This is not a near murder, so four to six years is standard."
Don Kennedy, lawyer for Ghostkeeper, agreed a four- to six-year sentence would be appropriate for his client, with credit more than 25 months in custody prior to disposition of the case.
Ghostkeeper is a hard worker, Kennedy said. He has had extended periods of employment in firefighting, and in the area of forestry he has been a bucker and a faller as well as doing spacing work.
In his childhood he was a victim of physical abuse, and learned at an early age he had to fend for himself, Kennedy said. "He was involved in violence on the street to survive."
Addressing the court about the case in general, Kennedy said a beating death is serious but such an incident, if there are few aggravating factors, does not ordinarily draw continued public attention. However, the manner of disposal of the body in this case prompted disgust and a public outcry, the defence lawyer said.
"The cutting up of the body with a power saw and all those kinds of things -- that's where the public outrage comes from and it all comes from a stupid, pathetic attempt to hide the identity of the body," Kennedy said. "This was egregious post-offence conduct."
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Last Updated ( Wednesday, 19 November 2008 )
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