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Four men sentenced to penitentiary in manslaughter case |
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Written by PAUL STRICKLAND
Citizen staff
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Friday, 28 November 2008 |
Condemning the aggravating factors of unlawful confinement and kidnapping that preceded the offence, Mr. Justice Eric Chamberlist of B.C. Supreme Court sentenced three of four men involved in a protracted, brutal and ultimately fatal beating of a Dawson Creek man two years ago to six years and 10 months' new time in a federal penitentiary for manslaughter Friday afternoon.
"The victim's lungs filled with blood," the judge said. "He was bleeding from his nose and mouth and he aspirated blood into his lungs.
"He literally drowned in his own blood."
The judge said the appropriate sentence would be 10 years for Christopher Anthony Beaulieu, 29; Darcy Paul Beaulieu, 23; and Sheldon Bradley Ghostkeeper, 29. However, he deducted three years and two months from that sentence after giving them double credit for the 19 months they had spent in custody since their arrest.
Mr. Justice Chamberlist sentenced Kyle Benjamin Abel, 24, to five years, four months of new time in prison. He said the appropriate sentence in his case would be eight-and-a-half years, but also gave him double credit for the 19 months he had spent in remand.
The judge said a mitigating factor was that, when it became clear the victim, Thomas Willcocks, 28, was no longer breathing, Abel tried to revive the victim by applying CPR. However, Chamberlist said Abel was also a party to atrocious post-offence disrespect for the body of the victim after his death. Justice Chamberlist prohibited Abel from owning firearms for 10 years, and banned the other three men from owning weapons for life.
"Mr. Willcocks will never return home to his family," the judge said. "All the accused eventually will."
The four men were originally charged with first-degree murder, but on March 17, the date of jury selection for trial on that charge, they pleaded guilty to the lesser and included charge of manslaughter.
In reviewing the circumstances of the offence, Mr. Justice Chamberlist said he was referring in part to an agreed statement of facts of the Crown and the defence entered into court records early this year but amended Nov. 17.
Willcocks was a drug dealer in Dawson Creek, but decided to switch from the drug organization the accused worked for to another group. He kept a cell phone belonging to Darcy Beaulieu and his list of contacts.
After attending a party in the Dawson Creek area on Dec. 2, 2006, around 5 a.m., the four went with in a van with a fifth man to a location on 97th Avenue to allow one of the accused to pick up a container of bear spray. Some time between 6:19 a.m. and 7:19 a.m., they broke into a room in the motel in the 800 block of 110th Avenue where Willcocks was staying.
Willcocks, anticipating trouble, had barricaded the door, but the four accused put their boots to the door, eventually succeeding in taking it off its hinges, forced their way in. They roughed up Willcocks's roommate for the purposes of intimidation.
They started beating on Willcocks and then dragged him outside and into the ban, where he was beaten and kicked for about 15 minutes. At first Willocks could be heard shouting, "No, no, no!" and "Help!" Eventually he was just gurgling and then finally went silent. It was soon after this that Abel unsuccessfully attempted CPR.
There was argument about what to do next. A gas can was obtained. At one point the van was being driven near Rolla. A chain saw was heard to start up.
Eventually the chain saw was used to cut off Willcocks's face and hands, and they were thrown out the window in a plastic bag.
The van was later set afire with Willcocks's body inside.
Afterwards Darcy Beaulieu and the fifth man disposed of bloody clothing.]
Mr. Justice Chamberlist identified four aggravating factors in the case.
"First, there was the protracted nature of their actions, and they were in the context of unlawful confinement and kidnapping," the judge said. The beating went on for 10 to 15 minutes in the fifth man's van, he said.
"The second was that this was an attack of four persons on one person," Justice Chamberlist said. "The victim was essentially helpless."
In addition, while accused tried to emphasize they were heavily intoxicated and couldn't remember very much about how the events came about, there were indications of significant planning. For example, they stopped to pick up the container of bear spray for the purpose of rendering the victim helpless. They also showed purpose and co-ordinated action in subduing Willcocks and dragging him into the van -- not the actions of heavily intoxicated, stumbling people, he said.
Finally, all the accused except Abel had extensive criminal records, Justice Chamberlist said.
Among the mitigating factors was the fact the accused entered guilty pleas before the trial got under way.
The judge said he could not accept defence submissions on sentencing that global length of imprisonment should be only in the range of four to seven years.
"In this case, there was no one-on-one fight," Justice Chamberlist said. "And in this case there was essentially an abduction and unlawful confinement.
"I've concluded that in this case of the manslaughter of Mr. Willcocks, the appropriate range of sentence is eight to twelve years," the judge concluded.
Mr. Justice Chamberlist repeatedly condemned "utterly horrible post-offence conduct" in the case.
Abel showed remorse and some insight into his actions and has sincerely apologized to Willcocks's family, his post-offence conduct was atrocious. On the other hand, he had no adult criminal record, the judge said.
Ghostkeeper sent a letter of apology to the family, he noted.
Typical of the attitudes of others in the attack were the reflections of Chris Beaulieu, Justice Chamberlist said. Chris Beaulieu said the circumstances were terrible and said there was no need for the incident to happen.
"However, he does not show very much insight into his actions," the judge said. "He just says it was a matter of being in the wrong place at the wrong time.
"There is a lack of respect for the sanctity of life."
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Last Updated ( Friday, 28 November 2008 )
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