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This article was published 12/3/2009 (4371 days ago), so information in it may no longer be current.
Timothy Smith was given a six-and-a-half year prison term Thursday after pleading guilty to manslaughter for the August 2005 killing of 15-year-old Gregg Johnston inside a North End home.
Smith, who was 17 at the time, thought his ex-girlfriend had rebounded quickly from their recent break-up when he caught her in bed with Johnston. The irate young man rounded up two friends and began beating Johnston with fists, feet and even a hockey stick they broke over his back. The group then added insult to deadly injury when they stripped the clothes off Johnston and posed for photographs.
Johnston suffered massive head trauma and was pronounced dead at hospital. It was later learned that Johnston had been at a friend's place when he chose to walk Smith's ex-girlfriend to her home because it was dark out and she felt unsafe. The pair then both fell asleep, fully clothed, while talking in her bedroom, court was told.
"The (victim's) parents continue to suffer the pain and anguish of losing their son in these particularly egregious circumstances," Queen's Bench Justice Lea Duval said Thursday.
She agreed with the Crown's request to give an adult sentence to Smith, who was out on bail at the time of the slaying for a deadly crash he'd caused. Smith was ultimately convicted of dangerous driving causing death for smashing a car into the back of a semi-trailer at a high rate of speed in 2004. The passenger in the vehicle was killed instantly.
Smith, who is now 20, blamed alcohol for the violent beating of Johnston, saying he'd consumed more than one-third of a 40-ounce bottle of vodka just hours before the attack. He said they never meant to kill Johnston, just injure him.
Police originally charged all three accused with second-degree murder, but they all plead guilty to reduced charges of manslaughter.
Smith's adult co-accused, Thomas Bear, previously received a seven-year sentence, deeply discounted by time spent awaiting resolution of the case. A 15-year-old boy was given a 12-month sentence under the Youth Criminal Justice Act.
"Not only have you killed my son, you killed the inside of me as well, because I'm no longer living, I'm only surviving," Johnston's mother said in a victim impact statement read aloud in court last month.
Crown attorney Deann Sahulka said the fact Smith has now killed twice proves he is a violent offender who poses a substantial risk to the community. Defence attorney Aaron Seib was asking Duval to keep his client in the youth system or to impose a two-year less a day sentence if she rules he is an adult offender so to keep him out of the federal prison system.
A court-ordered report shows Smith remains a high-risk to re-offend.
Mike McIntyre grew up wanting to be a professional wrestler. But when that dream fizzled, he put all his brawn into becoming a professional writer.