Ten years for unprovoked killing of homeless man

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This article was published 08/04/2023 (927 days ago), so information in it may no longer be current.

A 21-year-old Winnipeg man has been sentenced to 10 years in prison for his lead role in the unprovoked, alcohol-fuelled beating death of a 52-year-old homeless man.

Isaac Nicholas Richard-McKay, who court heard has cognitive deficits, pleaded guilty to manslaughter for a fatal attack on Peter Louis Bogacki in a Sherbrook Street alleyway on July 31, 2021.

“But for the level of intoxication and cognitive deficits suffered by Mr. Richard-McKay, this would have been a murder,” said King’s Bench Justice Ken Champagne.

“This is a significant sentence for an individual who committed a horrific act of violence on a helpless man and one that will protect the community for the foreseeable future.”

Co-accused Kadin Young, 24, who court heard played a much smaller role in the attack, pleaded guilty to manslaughter and was sentenced last month to four years in prison.

Richard-McKay and Young, who lived next door to each other in transitional housing units for youth in extended care, had been drinking for several hours and were returning home around 4:30 a.m. when they stopped to rummage through some property belonging to Bogacki that had been left in an alley in the 600 block of Sherbrook Street.

When Bogacki returned to find the two men going through his belongings, an argument ensued before the two accused walked away.

“Mr. Bogacki, like many homeless people took great care in protecting their very few possessions,” Champagne said. “If they feel that their possessions are going to be disturbed or threatened, they are going to react in the only way they know how. Living on the street is a very dangerous way to live and you have to adapt.”

Richard-McKay and Young returned minutes later after Richard-McKay noticed his backpack was missing and thought he had left it behind.

Richard-McKay and Bogacki started to argue, at which point Bogacki shoved Richard-McKay two times before Richard-McKay took the smaller, older man to the ground and repeatedly punched and kicked him.

Richard-McKay continued to pummel the defenceless man as Young took a running start and kicked Bogacki, according to an agreed statement of facts provided to court.

“Once done… they simply left (Bogacki) there to die slowly by himself,” said Crown attorney Shane Smith, describing the attack as “heinous and brutal.”

Bogacki, who suffered a fractured skull, several broken ribs, fractured spine and a brain bleed, died in hospital two days later.

Richard-McKay was arrested a day after the attack, admitted his role in it and expressed immediate remorse, his lawyer Caleigh Glawson told court.

Richard-McKay came from a broken family, was raised in care, and has cognitive and mental health issues including depression, untreated trauma and problems with language and executive functioning, Glawson said.

Richard-McKay’s sentence was jointly recommended by the Crown and defence. Champagne said he carefully considered the recommendation in light of the over-representation of Indigenous people in the justice system.

“For over 25 years, Parliament and the Supreme Court of Canada have spoken about the over-representation of Indigenous offenders in the criminal justice system and Indigenous people being locked up in our jails,” he said. “Courts are often reminded that something needs to be done.

“Whenever I have an Indigenous offender before me, those are the thoughts first and foremost in my mind: Am I adding to the over-representation of Indigenous people locked up in our jails? Some cases just do not allow any sentence except a significant prison sentence and this is one of those cases.”

dean.pritchard@freepress.mb.ca