Crown urges seven-year sentence for killing

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This article was published 17/05/2024 (478 days ago), so information in it may no longer be current.

Aaron Swampy drank a number of hard ice teas and was “horribly intoxicated” before he initiated the fatal attack on a one-armed man who was riding his bicycle on a North End street in 2021.

Crown prosecutor Carrie Ritchot told a judge at his sentencing hearing Thursday that Swampy should serve seven years in prison for the killing of 28-year-old Felix Bernard Chief.

“It is an incident that occurred and began… because of Mr. Swampy,” said Ritchot.

Swampy, 28, pleaded guilty to manslaughter last October.

Ritchot said the sentence would be on par with that of co-accused Jordan Rae Myerion, who was sentenced last year.

Chief, who had lost his left arm and two fingers on his right hand in an accident at age eight, was cycling on Burrows Avenue when he encountered the group of drunken strangers near Aikins Street early Nov. 7, 2021.

They had been drinking at a Burrows Avenue home and elsewhere for several hours.

Swampy, who thought Chief had spat in their direction, ran up and threw him off his bicycle. He kicked and stomped on his head twice. The others jumped in on the beating.

Myerion took out a knife and stabbed Chief five times. A Domino’s Pizza delivery driver interrupted the attack and the men fled, one of them on Chief’s bike. Chief died in hospital an hour later.

In Court of King’s Bench Thursday, Ritchot highlighted Swampy’s violent criminal convictions, Chief’s vulnerability and the fact the group attack was against a stranger as aggravating factors that should be considered by the judge.

Steve Brennan and Chris Gamby, lawyers for Swampy, argued he should serve his time in provincial jail for two years less a day, plus three years of probation.

Brennan said Swampy didn’t know Myerion would pull out or use the knife when he initiated the attack.

“We take the position that there are aggravating circumstances — namely the use of the weapon — which apply only… to Mr. Myerion,” said Brennan. “For that reason, we submit that the sentence in respect to Swampy should ultimately be lesser.”

Brennan pointed to Swampy’s confession to police, guilty plea and his severe intoxication — he said he was “horribly intoxicated” — as factors the judge must consider.

He noted Swampy has fetal alcohol syndrome and his grandparents were residential school survivors, resulting in intergenerational trauma. In addition, he was in the child welfare system, witnessed substance abuse and is detached from his culture.

Brennan said Swampy has been on bail for most of the time he’s been awaiting trial and has not breached his conditions, which included an absolute curfew that amounts to house arrest. He said that proves Swampy is able to reside in the community while in a structured routine.

A family member of Chief, who did not want to be named in the court record, read out a statement on behalf of his loved ones.

“Bernard is someone who would give his last dollar, the shirt off his back to anyone, even if he didn’t know them,” she said.

She told court Chief did not allow the loss of his arm in an accident with an electrical transformer stop him from doing anything, even playing basketball so well he was offered a university scholarship.

The woman said Chief hoped to open a daycare in his community.

Chief had spent parts of his childhood in foster care, had family members who attended residential school, and struggled with addictions, she told court.

His family is shaken with grief, she said, and urged Swampy to consider the seven sacred Indigenous teachings of truth, honesty, respect, love, courage, humility and wisdom to change his life.

About a dozen of Chief’s loved ones attended the hearing.

Swampy, who was too emotional to fully read out a statement to the family, had his lawyer do so instead.

“Sorry will never amount to the life that was lost. I hope you can find it in yourself to forgive me,” said Brennan on Swampy’s behalf. “I am truly sorry for my actions.”

Justice Sarah Inness reserved her sentencing decision.

Myerion, who had been charged with second-degree murder, pleaded guilty to manslaughter.

In October, Nicholas Brett MacDonald was found guilty of manslaughter and got two years less time in custody, amounting to 150 days, and two years of supervised probation.

Last November, the manslaughter charge against Jeremy Aaron Scott was stayed.

erik.pindera@freepress.mb.ca