Murder of vulnerable stranger worth four years in prison, three years of supervision

A Manitoba teen has been sentenced to seven years in custody and conditional supervision in the community for his part in a fatal, unprovoked attack on a stranger who was “in the wrong place at the wrong time.”

The now 18-year-old offender was one of three intoxicated teens who were “looking to get into a fight” when they crossed paths with the 21-year-old male who was walking in Swan River’s Legion Park, Nov. 1, 2024, and violently attacked him, provincial court Judge Geoffrey Bayly said in a recently released written decision.

The offender pleaded guilty to second-degree murder.

The victim, described as “highly intoxicated and vulnerable” at the time of the killing was not identified by name in the court decision or in media reports following the killing.

“Although (the offender’s) conduct must be viewed in light of his youth, personal circumstances, cognitive limitations and substance abuse issues, the consequences of his actions were devastating,” Bayly said, noting the killing occurred against the backdrop of “exceptionally high” levels of violent crime in Swan River.

A co-accused initiated and encouraged the attack on the victim, “motivated by rumours and a misguided form of vigilante justice,” Bayly said.

Cellphone video taken by a witness who wasn’t involved in the attack captured the offender holding the victim down as he punched, kicked and stomped on his head and torso. A third co-accused stabbed the victim seven times, once in the heart.

The three teens abandoned the victim and continued drinking. Two passersby called 911 and administered first aid to the victim, but he died at the scene.

Bayly agreed to a recommendation by Crown and defence lawyers hat the offender be allowed to serve his sentence under an intensive rehabilitative custody and supervision order.

The program allows participants access to one-on-one counselling, occupational therapy, tutoring and other specialized services at a cost of $100,000 a year.

Participants must be guilty of a serious violent offence, suffer from a mental illness or disorder, and have a treatment program that case workers believe will reduce their risk to the public.

Court was told the offender has a family history of disruption and foster care involvement and lives with a mild intellectual disability, post-traumatic stress disorder and likely fetal alcohol spectrum disorder.

Earlier this summer, the offender was transferred to the Winnipeg Remand Centre after he was involved in a group assault on another youth at the Manitoba Youth Centre.

Bayly said the offender’s criminal record, gang involvement and behaviour while in custody gave him “some pause” in deciding he was a suitable candidate for the rehabilitative sentence.

“Nevertheless, the statutory test is not whether the proposed treatment plan is likely to succeed , nor whether it guarantees future compliance,” Bayly said. “The question is whether there are reasonable grounds to believe that the plan might reduce the risk of future offending… While success cannot be assured, the proposed plan represents the most effective means of promoting rehabilitation, facilitating reintegration, and enhancing long-term public protection.”

Bayly ordered that the offender serve four years of his sentence (minus 100 days of credit for time already served) in custody and three years under conditional supervision in the community.

dean.pritchard@freepress.mb.ca