Teen who killed party-goer with punch avoids jail

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This article was published 28/11/2014 (3967 days ago), so information in it may no longer be current.

A Winnipeg teen has avoided a jail sentence for a one-punch killing that occurred at a Transcona house party.

The accused, who was 17 at the time of the August 2013 tragedy, pleaded guilty to manslaughter under the Youth Criminal Justice Act. The Crown was seeking the maximum youth sentence of two years behind bars, while defence lawyer Greg Brodsky asked for probation, or even a discharge.

Provincial court Judge Catherine Carlson handed down her decision Friday morning. She gave the teen one day of custody, which counts as his court appearance, along with 18 months of community supervision.

Christian O’Neail, 18, died after a single punch to the head that knocked him unconscious. He fell to the ground outside a home on Nevens Bay, striking his head and suffering a catastrophic brain injury. He was removed from life-support days later, and his organs were donated by family.

“Christian O’Neail isn’t here today because of a sucker punch he never saw coming,” Crown attorney Dan Angus told court during sentencing submissions earlier this month. “This was by no means, in any way, a consensual fight. This was a senseless and careless act of violence.”

Several family members read powerful victim impact statements in court, including both parents, who described how their lives have been shattered.

O’Neail and other Kildonan East football players and students had gone to a house party after receiving an invitation from a friend. The event was being hosted by members of the Murdoch MacKay football team as part of a “rookie initiation,” court was told

There was no adult supervision at the party. The parents who owned the home had given their son permission to hold the gathering and rented a downtown Winnipeg hotel suite for the night. The party quickly got out of hand, with approximately 60 people in attendance — including Kildonan East football players — and plenty of drinking.

The Crown said there were several incidents, including a backyard “battle rap” that led to arguments and shouts about which school had the better football team.

The killer, who was a Murdoch MacKay student but had no connection to the home, grew angry at what he felt was improper behaviour from O’Neail and others, court was told. He even spoke openly about wanting to “knock out some randoms.”

What he didn’t know was O’Neail and his Kildonan East friends had agreed to leave the party, even shaking hands with the homeowner and some Murdoch MacKay students as they walked to their cars on the front street.

That’s when the killer sprung out of the crowd and threw what would prove to be the deadly punch.

“Christian O’Neail isn’t here today because of a sucker punch he never saw coming.”

-Crown attorney Dan Angus

“He was initially cheered from the Murdoch people, an actual cheer went out, not understanding the gravity of what had gone on,” said Angus. “This wasn’t a fight in the house in the heat of the moment. The punch was unnecessary, gratuitous violence.”

The teen killer was freed on bail after a few days and has remained in the community ever since, where his lawyer said he should remain.

“He didn’t intend the consequences of his actions,” said Brodsky. “He’s been described as a peacemaker who would avoid conflict.”

The young man read an apology in court aimed at the family of his victim.

“I wish I could go back to that night and do so much differently. I’ve been living with it every day. I think about Christian every day,” he said. “I’ve realized how valuable life is. Life can change in an instant. Any choice we make can have a huge consequence.”

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