15 month conditional sentence for manslaughter

Man gets 15 month conditional sentence for manslaughter 

No jail for death of friend 

- Jeffrey James Bear aged 33 plead guilty to manslaughter on Friday and received a 15 month conditional sentence as a joint recommendation from Crown and Defence.
- Manslaughter is unintentional killing of a human. 

- In September 2007, Lyle Walker aged 35 was shoved by Jeffrey outside Club 200. 

- Walker died days later from head trauma after undergoing two surgeries for his injuries. 

- Jeffrey turned himself into police two days after the altercation. 

- He spent 7 weeks in custody before being released on bail.

- Walker's blood alcohol level was 0.38 which is 4 times the legal limit for driving of 0.08 

- Walker allegedly fell backwards after losing his balance (likely from the alcohol) and hit his head on the pavement. 

- He was able to stand up and walk, but complained of an injury.
- Went to the hospital via ambulance but was not in emergency, placed in hospital triage waiting area. 

- Walker fell a second time after he collapsed in a bathroom at the hospital. 

- Defence said it's possible he struck his head a second time, which could have caused his death, other than the fall caused by Jeffrey Bear.
- Bear was coming to pick up Walker from the bar, when Walker initiated an argument with Bear.
- Jeffrey Bear was completely sober. 

- Defence said that Jeffrey was "emotionally devastated" to learn that his former partner had died, and expressed true remorse. 

- Jeffrey had been sober that night and had come to the club to pick up his partner, who had been drinking a lot. 

- "They had a bit of a dispute outside," defence lawyer Zaman said. "This was basically an unlawful act manslaughter, with the unlawful act being the push."

- Jeffrey had swore at Walker and then shoved him with both hands in the chest which is when Walker stumbled, lost his balance, and fell to the pavement. 

- "New federal sentencing guidelines reject the notion of a conditional sentence for a violent crime like manslaughter, but Bear was exempted because his offence pre-dates the changes."
- Now, must get prison if convicted of manslaughter
- When this happened in 2007, their was no mandatory minimum sentence for manslaughter.

- “He is going to have to live with something beyond what the court can impose on him and that is his conscience,” defence said.
- Has no prior criminal record (only a small mischief conviction) and is not a career criminal.
- Was a "one-shove" manslaughter, no assault happened.
- Must abide by a 9 pm-6 am curfew, attend counselling and treatment, and if breach conditions or commit a new crime, he could serve the remaining of his time in prison.

I believe the Judge was correct in sentencing this man to 15 months conditional sentence. I believe that this was a tragic accident but not a crime. The second time Walker fell, could have been what ultimately caused his death, and possibly not the time he fell after Bear shoved him. Also, Bear shoved him, but didnt know how drunk his friend probably was and didnt intend to push him to the ground causing him to hit his head. He loved this man and would not want to kill him. The sentence imposed is appropriate considering the circumstances of the case. This man expresses true remorse for his actions and I feel that this man is not a risk to the public's safety and is not dangerous in any way and therefore, should not be sent to prison, because it would not help him in any way. I believe prison should be reserved for only the most dangerous and violent offenders. He said he was emotionally devastated by what had happened. He even turned himself in to the police, showing his true remorse. It's also ambiguous as to which fall, actually caused the death, therefore, their is reasonable doubt as to his involvement and he should get a lighter sentence.