A city man who fatally stabbed his cousin following an argument over a pair of jeans has been sentenced to seven years in prison.
Delmar Young, 30, died Nov. 18, 2007, after suffering a single stab wound to the heart.
Kyle McKay, Young’s cousin, previously pleaded guilty to manslaughter.
“The consequence of this crime will haunt Mr. McKay for the rest of his life,” said Justice Joan McKelvey.
McKay, then 21, and his younger brother were visiting family at a downtown apartment when they saw their uncle wearing the younger brother’s jeans. The young man demanded his pants back and an argument ensued, with McKay siding with his brother and Young siding with the uncle.
The argument spilled outside the apartment building, where Young was stabbed once in the heart.
Defence lawyer Greg Brodsky argued McKay stabbed Young in self-defence as Young and another man advanced on him.
Relatives testified at a preliminary hearing that McKay came to their home following the stabbing and said “he might have killed his cousin by accident, he didn’t mean it. He said he was defending his little brother.”
McKay was originally charged with second-degree murder. At a sentencing hearing last month Crown attorney Mark Kantor said conflicting witness evidence and evidence of provocation and intoxication were considered in accepting a guilty plea to the lesser charge of manslaughter.
In 1996, Young pleaded guilty to manslaughter in connection with a shooting two years earlier and was sentenced to four years in prison.
Clifford Bouchie, 41, was fatally shot in the chest inside his Bloodvein First Nation home.
Young was 17 at the time but his case was transferred to adult court.
Young’s mother forgave McKay in court last month and said he would still be alive if Young and McKay had not been drinking or doing drugs.
“Alcohol and drugs are vile enemies,” she said. “I know that forgiveness is the only way to live again. I want Kyle to forgive himself so he can have a life after this.”
McKelvey said she had no doubt McKay was remorseful for his “impulsive act.”
“Perhaps the forgiving hand extended to him by his aunt will lead him down a more appropriate path in the future,” she said.
McKay received double credit for time already served, reducing his remaining sentence to 2 1/2 years.
IT began with a family fight over a pair of pants.
Now a Winnipeg man has been sentenced to seven years in prison for killing his cousin during a drunken argument.
Kyle McKay pleaded guilty to manslaughter in the November 2007 attack that left 30-year-old Delmar Young suffering a single, fatal stab wound to the heart.
McKay, 23, has spent the past 27 months in custody and was given double-time credit of 54 months by Queen's Bench Justice Joan McKelvey on Friday. He was then sentenced to another 30 months in jail, but could be released on parole after serving just one-third of the remaining time.
The Crown had been seeking another five-and-a-half years in prison for McKay, for a total sentence on paper of 10 years.
McKay was still able to take advantage of the controversial two-for-one credit because his pretrial time in custody predates new federal legislation that came into effect last week and prohibits judges from awarding it.
The deadly attack happened inside a downtown Winnipeg apartment where McKay, Young and several relatives had gathered, court was told.
McKay became angry when he saw his uncle -- Young's father -- wearing a pair of pants that had been stolen from his younger brother a week earlier. Several family members began arguing and the dispute spilled outside.
Defence lawyer Greg Brodsky told court McKay feared he was going to get beaten up by Young and another man. He pulled out the knife in "self-defence" and never meant to kill his cousin, he said.
McKay fled following the stabbing and returned home, telling other family members he likely killed Young "by accident," Brodsky said.
McKay was originally charged with second-degree murder. The Crown agreed to a reduced charge of manslaughter based on the fact McKay was intoxicated and may have been provoked. There were also conflicting witness statements about what happened, court was told.
The victim's mother told court at a sentencing hearing last month the tragic episode could have been avoided if the young men had avoided drugs and alcohol.
My Opinion??
I don't agree with the 7 year sentence but I do agree with the sentence of 2.5 years after double time credit was given. I believe that this man may have truly acted in self-defence and was frightened for his life at the time. Alcohol and drugs probably contributed as well.
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