Homeless man convicted of manslaughter
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Hey there, time traveller!
This article was published 19/10/2007 (6732 days ago), so information in it may no longer be current.
A homeless Winnipeg man was convicted of manslaughter Thursday in an unusual case where the elderly victim died of pneumonia after being beaten into a coma nearly two months earlier at a mouthwash drinking party.
Floyd Alex Chartrand, 29, will be sentenced on Monday. The Crown is seeking an eight-year penalty, while his lawyer says four would be enough.
Defence lawyer Mike Cook had argued his client should be cleared on two grounds — that the medical evidence wasn’t strong enough and that Chartrand’s statement to police should be excluded on the grounds he was intoxicated.
Queen’s Bench Justice Daniel Kennedy disagreed, saying Chartrand appeared coherent when speaking to police and it’s clear the victim wouldn’t have died if not for the attack which put him in a coma and left him prone to infection.
Ernest Sinclair, 63, died in hospital last November, seven weeks after being jumped in the early morning hours in a suite in the 500 block of McDermot Avenue.
Police said a number of people demanded money from him and proceeded to assault him when he refused to hand any over. He was rushed to hospital in critical condition and lapsed into a coma.
Police found 17 bottles of stolen Listerine inside the home, many which had been fully or partially-consumed by the group.
The Crown recently dropped manslaughter charges against two co-accused in exchange for their guilty pleas to lesser charges.
Derek Helgason, 26, admitted to assault causing bodily harm and was sentenced to the equivalent of 10 months time in custody under a joint recommendation from Crown and defence lawyers. He is Chartrand’s foster brother.
Melissa Aloise Haimerl, 30, pleaded guilty to theft, which involves stealing cash from the unconscious victim. She was given one month of time in custody under a similar plea bargain. She is Chartrand’s girlfriend.
Chartrand admitted punching Sinclair in the face, breaking his nose, because he was upset the victim was looking at his girlfriend.
Chartrand has a previous criminal record that includes an assault causing bodily harm conviction. He has lived on the streets for several years, has a Grade 6 education and battled extensive addictions problems, said Cook.
He has been in custody for the past year, which will be given double-time credit by the courts towards his ultimate sentence.
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