WINNIPEG — A Winnipeg man was sentenced to seven years in prison today for killing his cousin during a drunken argument over a pair of pants.
Kyle McKay pleaded guilty to manslaughter for the November 2007 incident 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 which was given double-time credit of 54 months by Queen's Bench Justice Joan McKelvey. 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 time in custody pre-dates new federal legislation which 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", said Brodsky.
McKay was originally charged with second-degree murder. The Crown agreed to a reduce 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.
I originally did not agree with 7 years for this man, but I agree with the 30 months prison (after double credit was removed). I feel that this could have been a case of self defence but since there were conflicting witness testimonies, it's hard to know what exactly happened, therefore, he should not spend an unduly long time in prison. Prison is ineffective anyways.
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