Winnipeg Free Press - PRINT EDITION
Teen killers sentenced to life for gang slaying
They were just 15 and 16 years old when they executed a rival drug dealer. But the pair of Indian Posse gang members are now getting a serious dose of adult punishment for their deadly actions.
Queen's Bench Justice Deborah McCawley ruled Friday she was raising the two teens from the youth court system and giving them mandatory life sentences.
The older teen is eligible to apply for parole in 10 years, while the younger one can make his bid after six years, the maximum penalties for youth offenders given adult sentences. There is no guarantee they will be released at those times; if they are, they will remain on parole for the rest of their lives.
Any breach or reoffending could land them back behind bars indefinitely.
Their lawyers wanted them to be sentenced under the Youth Criminal Justice Act, where the most they could receive was six years in custody followed by four years of community supervision.
The two were convicted by a jury last year of first-degree murder. Thomas Roy Phillips, 38, was shot twice in the head and once in the chest from point-blank range as he sat in his SUV in May 2007.
The key witness against the two members of the Indian Posse was a former gang member turned informant. The witness -- who can't be named to protect his identity -- told jurors the pair acted on orders from a senior member of the gang to kill Thomas, who was infringing on their turf and who had links to the Manitoba Warriors.
The witness testified both talked openly about completing their "mission." Several witnesses also told court about seeing two teens flee the scene. One was a nine-year-old girl who was playing with her younger sister on a Magnus Avenue lawn near where Phillips was shot. Another witness picked both accused out of a police lineup.
Defence lawyers argued their clients were victims of mistaken identity. The key witness had an agreement with Manitoba Justice that included having drug and weapons charges dropped in exchange for his testimony. He and his family, which includes four children, were put in witness protection and given financial assistance for a year.
The man said he joined the Indian Posse in 2002 but decided he wanted out after his brother was slain several years ago. He said his brother's death prompted him to co-operate with police in that case and others. Defence lawyers argued he created the story because of bitter feelings toward the Indian Posse.
www.mikeoncrime.com
Republished from the Winnipeg Free Press print edition July 1, 2012 A12
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