A man who pleaded guilty to manslaughter for his role in the death of a man whose body was discovered under a cargo truck on a Winnipeg street won’t have to serve an adult sentence.
On Oct. 24, 2022, 35-year-old Lionel Sherwin Colombe was stabbed in a group assault. Colombe was found dead underneath a cargo truck parked on Clyde Road in Elmwood near the home of his former girlfriend. He was a father of two.
In Monday’s written decision, provincial court Judge Mary Kate Harvie ruled the now-18-year-old man, who was 16 at the time of the attack, will serve a youth sentence. The judge said she felt satisfied that the man’s role in the offence and his circumstances, which include cognitive issues and Gladue factors, reduced his moral responsibility for the crime.
The man will be jailed for a year, then be subject to two years of conditional supervision. The maximum sentence for a youth for manslaughter is three years.
Crown prosecutors Carrie Ritchot and Sarah Thiessen had argued for the adult sentence, while his lawyers Ryan Amy and Ashley Anderson sought an intensive rehabilitative custody and supervision order.
That program allows participants access to one-on-one counselling, occupational therapy, tutoring and other specialized services in an effort to lessen the chance of a youth reoffending.
Harvie said the teen, who has a troubled family history that includes domestic violence, substance abuse, involvement with child welfare and sexual abuse, is suffering from a cycle of intergenerational trauma and addiction.
She agreed with defence lawyers who argued the teen’s behaviour was consistent with an immature adolescent rather than an adult.
The teen had been drinking and smoking cannabis at a house party with three men the night of the attack, along with Colombe’s former girlfriend. At around 4 a.m., the group chased Colombe down outside the party and knocked him to the ground after finding him in the yard.
The group punched him and the now-18-year-old kicked him twice in the thigh, before Desmond Houle pulled out a knife and stabbed Colombe. The teen filmed video of the stabbing.
Houle and the teen dragged Colombe’s body underneath the truck.
Harvie said the teen’s involvement in the attack suggested he was a follower rather than an instigator.
Houle, 27, was convicted last year of second-degree murder and was sentenced to life in prison with no chance of parole for 12 years. Co-accused Nathan Michael Bruce, 24, is set to stand trial for second-degree murder in February.
Miles Nicholas Batenchuk, 26, was spared jail earlier this month, after pleading down his manslaughter charge to simple assault.
The prosecution and defence lawyers agreed Batenchuk played no role in inflicting Colombe’s fatal injuries. He was given two years of probation.
erik.pindera@freepress.mb.ca
Erik Pindera
Reporter
Erik Pindera is a reporter for the Free Press, mostly focusing on crime and justice. The born-and-bred Winnipegger attended Red River College Polytechnic, wrote for the community newspaper in Kenora, Ont. and reported on television and radio in Winnipeg before joining the Free Press in 2020. Read more about Erik.
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