A Manitoba man will do no further prison time for killing a 12-year-old home invader with a baseball bat.
Tennessee Weedmark, 21, was sentenced Wednesday to 31/2 years of time already served after being convicted of manslaughter earlier this fall. The Crown had sought a further year in custody.
Weedmark was given double-time credit of seven years because his arrest predates new federal legislation that prohibits two-for-one credit for pretrial custody.
Jurors rejected Weedmark's claim of self-defence in finding him guilty of beating Albert Goosehead to death in June 2009 on Bloodvein First Nation, 210 kilometres north of Winnipeg.
The circumstances surrounding the killing amount to a love triangle of sorts, court was told.
Weedmark, then 18, had started dating a young woman in Bloodvein after a previous relationship with her sister, who was friends with Goosehead, ended. The ex-girlfriend was jealous her sister was dating Weedmark and claimed he assaulted her. She told Albert about the alleged abuse, prompting him to grab a baseball bat and go with several friends to a home where Weedmark stayed.
One of those friends told jurors Albert smashed his way into the home and a confrontation occurred. Weedmark's girlfriend, who was pregnant, was struck with the bat. A second brawl erupted between the sisters. At some point, Weedmark grabbed the bat and struck Albert three times in the head.
"If he didn't act, what was going to happen next? He didn't know, but he wasn't going to take the chance and find out," Sawchuk told jurors during closing arguments.