Former Hells Angels secures immediate release

Former Hells Angels gets deal in bar homicide

A former Manitoba Hells Angels member struck a deal with justice officials Wednesday that saw him admit to killing a man inside a Winnipeg bar in exchange for his immediate freedom.

Billy Bowden, 34, pleaded guilty to manslaughter and was sentenced to two years of time already served, which was given double-time credit of four years. He was expected to be returned to the community by the end of the day.

Bowden admitted to playing a role in the November 2007 stabbing death of 24-year-old Jeff Engen inside the Empire Cabaret. A co-accused, Matt Wegier, remains before the courts and is set to go on trial in March 2011.

Prosecutor Daniel Chaput told Queen’s Bench Justice Rick Saull there were several problems with the Crown’s case against Bowden that prompted the plea bargain for a much lighter sentence than usual. Although there were more than 50 potential witnesses to the killing, Chaput said "surprisingly very few had much to say about what happened."

As well, there are no witnesses putting the knife in Bowden’s hand and the Crown can only prove he participated in the group attack.

"It was the unknowns the Crown struggled with. We couldn’t say who stabbed the victim. We couldn’t say Mr. Bowden knew a knife was present or that the victim was being stabbed," said Chaput.

He said the Crown would have sought a longer sentence against Bowden if he were convicted at trial.

"Equally, he could have been acquitted. This way, the Crown secures a manslaughter conviction and a sentence we recognize is on the low end of the spectrum," said Chaput.

Engen, a bodybuilder, was in the basement lounge of the Empire when he got into a dispute with several men about Bowden’s ex-girlfriend, court was told.

Engen was stabbed four times, including one which pierced his heart. He then climbed the stairs to get help, but collapsed near the dance floor. Despite efforts by a patron of the club to revive him, Engen died.

Witnesses said they were surprised a weapon got past the club's new security measures -- including a full-body metal detector -- which had been put in place after four people were shot and wounded there a month before Engen's stabbing.

The club's owner, Sabino Tummillo, closed the Empire's doors shortly after the stabbing and it never re-opened.

Bowden joined the Hells Angels in July 2004 but was kicked out of the gang in 2006 following an internal dispute, according to sources.

He has a lengthy criminal record which includes being caught by police with a loaded gun just two months after Engen’s slaying. He eventually pleaded guilty and was given six months of time in custody spent in custody plus a fine. Bowden admitted in court he had been carrying the gun "for his own protection."

Bowden also made headlines in March 2005 when he was shot in the leg by a gang associate in the Dirty Laundry bar at 720 Corydon Ave. The shooter was also shot and wounded by someone returning fire, but no one was ever charged. Dirty Laundry closed shortly after the incident.

This article is biased in that it says little to nothing about the defence lawyers' statements and does not mention anything relating to the defendant's background or childhood. Most often, people join gangs because they are are living in poverty and feel the need to have a sense of belonging and identity which they receive in a gang. A plea bargain is better than an acquittal though and is there is insufficient evidence as to whether this man held the knife or not. I believe that gang members need more community supports and resources, not prison. 

Man allegedly re-offended after receiving little assistance and support on statutory release

Violent con's breaches ignored

Federal prison officials twice allowed a violent criminal to breach his statutory release without consequence -- including just days before he allegedly participated in the violent home invasion and killing of a Winnipeg man.

Parole documents obtained this week by the Free Press show serious concerns about James Henry's ability to function in the community and obey conditions of his release were overlooked, allowing him to remain on the streets until after he was implicated in the April 18 slaying.

Henry, 38, is charged with manslaughter and conspiracy to commit robbery for his alleged role in the death of Ricky Lathlin. The 34-year-old died after an early-morning stabbing on Gilbert Avenue. Police announced Wednesday a total of five men are accused in the homicide, which began with a plot to steal from Lathlin.

Roland Edward Klyne, 26, and Jonathon Etienne Boyer, 25, are charged with second-degree murder and conspiracy to commit robbery, while Terry Junior Davis, 31, and Bradley Campbell, 31, are charged with manslaughter and conspiracy to commit robbery. Police are still searching for Campbell and have issued a Canada-wide warrant.

None of the allegations has been proven and the accused are presumed innocent.

Henry has a lengthy criminal history that led to him receiving just over 22 years in prison in 1991, according to parole documents. His offences included 14 counts of armed robbery, breaking and entering, possession of a weapon, theft and possession of property from crime.

Henry was released on parole on multiple occasions, only to quickly breach his conditions and have his parole revoked. He was given another chance in February 2009 when he was granted statutory release, which means he had served at least two-thirds of his total sentence. The National Parole Board ordered him to abstain from all drugs and alcohol, saying they were risk factors that had contributed to his previous crimes and breaches.

"You have a history of substance abuse which escalates your erratic and unpredictable behaviour," the board wrote.

In December 2009, a required urinalysis Henry provided was positive for marijuana. Although they had grounds to revoke his statutory release and put him back behind bars, Henry's case-management team decided to give him a break. They took the same approach when he failed another drug test in early April 2010, this time by consuming alcohol.

"You were provided with the opportunity to access several community resources after each incident in an effort to address your behaviour," the parole board wrote.

According to the board, Henry went to a house party on the night of April 18 and began consuming alcohol. Henry admitted he got into a car with several other people at the party in the time preceding Lathlin's slaying.

"You were reportedly drinking to celebrate the birth of your child. You have indicated that if you had not been drinking you would not have accepted a ride from these associates/co-accused," the parole board wrote.

Henry denied involvement in Lathlin's death, saying only he was in the "wrong place at the wrong time" and he is innocent.

Henry appeared before the parole board on July 15, where his statutory release was revoked. He was already being held in custody on the manslaughter charge.

"You indicated there was no excuse for your return to substance abuse in the community and your alcohol consumption was more extensive than what was originally disclosed. You acknowledged consuming alcohol with friends and with your wife over the last few months of your release," the parole board wrote.

"The courts will determine your innocence or guilt with regard to your serious outstanding charge. However, your choice to repeatedly breach your condition to abstain... is a significant concern."

The parole board criticized Henry for not taking advantage of the breaks he was given by being allowed to remain free despite getting caught breaching conditions of release.

"Despite these opportunities, you chose to return to high-risk behaviour by repeatedly consuming alcohol and failing to disclose your activities. Your actions and decisions in the community were not consistent with the behavioural expectation of an individual on statutory release," the board wrote. "The reasons for your suspension were within your control and your risk rose to an unmanageable level."

This man should have received more assistance and support after being granted statutory release. He should have been required to participate in addiction treatment, risk management and emotion management programming to help reduce his chances of re-offending. 

Judge applauds teen girls for pleading guilty in random woman's beating death

Judge applauds teen for "accepting responsibility" in woman's death

Nearly two weeks after a male co-accused was acquitted of the same crime, a judge applauded two young women who pleaded guilty for their role in the random beating death of Spence Street resident Audrey Cooper nearly four years ago.

The now 18-year-old women have given Cooper’s family the satisfaction “that at least some of those who committed the offence have acted responsibly and that her death won’t go unresolved or unpunished,” said Justice Holly Beard.

The women — who pleaded guilty to second-degree murder last February — appeared in court Monday for a progress report.

In May, the women received the maximum youth sentence of seven years custody and community supervision. Beard ordered that they remain in custody until August pending the submission of acceptable release plans, at which time they will be credited three years for time served.

A jury acquitted a now 19-year-old male co-accused last month following a month-long trial. Jurors heard evidence the accused admitted in a police interview to punching Cooper. The man’s lawyer argued he was merely an observer and did not participate in the beating.

“I wasn’t there, but you were and you know whether or not that’s true and whether or not (the accused) was being honest,” Beard told the women. “But whatever the truth is, that defence would not have worked for you as there was no one else to blame.”

Cooper, 34, was beaten to death in October 2006 outside the Spence Street rooming house where she lived. Jurors heard Cooper suffered more than 60 distinct injuries, including seven broken ribs, a punctured liver and a severed ear.

A third now 16-year-old female accused pleaded guilty last year to manslaughter and received the maximum youth sentence of three years custody and community supervision, with a requirement she live in a specialized group home until she is 18.

Beard urged the two women in court Monday to take advantage of the services and support that will be available to them once they are released from custody. Beard said their lives were filled with drugs and violence and that they were at risk of becoming involved in gangs and prostitution.

“Ask yourselves: Is that the life you want for yourselves or your children?” Beard said. “You made your first courageous decision when you chose to plead guilty and accept responsibility... That was the right decision then and it remains the right decision today, regardless of the outcome of (the male accused’s) trial.”

The women will return to court Aug. 18.

I am glad the women pleaded guilty and accepted responsibility for what they were involved in. However I feel that the maximum sentence of 7 years, was too harsh. The women may not have been directly involved in the killing. We do not know all of the details. They should have received 5 years total, with 3 in custody and 2 in the community. 

Man pleads guilty to killing two people in rooming house fire

Man pleads guilty to manslaughter and arson

A Winnipeg man pleaded guilty Friday to two counts of manslaughter and arson in connection with a rooming house fire that killed two residents.

Howard Mason, 50, was originally charged with second-degree murder. He was set to stand trial in September.

Mason admitted setting fire to an Elgin Avenue rooming house on Dec. 21, 2006, killing Lavina Bradburn and boyfriend Dan Vaillant

Another woman was sent to hospital in critical condition and three other people were inured.

Police spoke to Mason shortly after the fire but let him go. Mason turned himself in to police later that month.

Court heard no details about the crime Friday or any discussion of a motive.

Mason remains in custody and will return to court Sept. 30 for sentencing.

Defence lawyer Kathy Bueti said the adjournment will allow lawyers for both sides time to "gather material and reports" that will be helpful for sentencing.

"It's not likely there is going to be a joint recommendation in this case," Bueti said.

Man admits to killing two people in rooming house fire

City man admits to starting deadly rooming house fire

WINNIPEG — A Winnipeg man has admitted to killing two people and injuring four others by setting a rooming house on fire.

Howard Mason, 50, struck a deal with justice officials Friday to plead guilty to arson and manslaughter, which suggests his deadly actions were unintended. In exchange, the Crown dropped more serious charges of second-degree murder, which carries a mandatory sentence of life in prison with no chance of parole for at least 10 years.

Mason is expected to be sentenced in September. Lawyers say they will likely not be making a joint-recommendation on how long Mason should spend behind bars.

Daniel Vaillant, 43, and his girlfriend, Lavina Bradburn, 41, died after their Elgin Avenue residence went up in flames on Dec. 21, 2006. Police needed to use dental records to identity their bodies, which were found on the second floor. Four other occupants were rescued from the home and rushed to hospital with various injuries

Mason was initially treated as a potential witness by police but became a suspect days later. He turned himself in on Christmas Day and has been in custody ever since. Mason didn’t live at the home and no motive for the fatal blaze has been made public. No other details of the case were presented in court Friday.

Vaillant and Bradburn had both faced numerous challenges in life but had found happiness together in the city, according to family members. Bradburn was survived by three adult children who were living in her home community of Oxford House, where she had previously worked as a cleaner and cook for the community’s elders. She had moved to Winnipeg to upgrade her education and volunteered at Main Street soup kitchens.

I would like to know more background information about Mason and other mitigating factors, before I can suggest a sentence. 

Man pleads guilty to manslaughter charge

Killer pleads guilty to manslaughter

RICHARD Poynting took a knife to a stick fight -- and now the Winnipeg man is a convicted killer facing a lengthy prison term.

Poynting, 23, pleaded guilty to manslaughter Tuesday for the May 2009 stabbing death of 36-year-old Grady Monias. The victim was killed in a back alley in the 100 block of Prince Edward Street after lunging at Poynting with a tree branch, only to be stabbed in the back.

Crown attorney John Barr is seeking a 10-year sentence for Poynting, who was originally charged with second-degree murder but agreed to admit responsibility to the lesser charge. Poynting is seeking a four-year stint behind bars.

Defence lawyer Evan Roitenberg said his client feared for his safety but over-reacted to the threat by stabbing Monias.

"It was obviously unplanned, obviously spur of the moment. The results were tragic," said Roitenberg. Poynting and Monias had spent the evening drinking at a nearby house party, only to get into a verbal argument that turned violent, court was told.

Barr said the Crown accepted the plea to manslaughter because of the apparent intoxication and self-defence elements present in the case. Provincial court Judge Carena Roller has reserved her decision until later this month.

The mitigating factors in this case are intoxication, provocation/self-defence and that the attack was unplanned. The victim lunged at the accused and he had a right to fear for his safety. He did over-react, but in the moment, he wasn't thinking about his actions or the consequences. I would like to know if he had a prior record and any other mitigating circumstances in his life. 

I hate the Free Press headline, labeling this man as a "killer." That carries a negative connotation and this man acted out of self-defence, he is not a cold blooded killer. Ever heard of the labeling theory Mike McIntyre? Betcha not! 

I would sentence this man (notice I am not labeling him a killer), to a 2 year conditional sentence, because of the mitigating factors surrounding this case. This was an impulsive act and one based on self-defence, and I do not believe that this man is dangerous to society or needs to be incarcerated to protect the public. He should be given a conditional sentence with anger management programming, substance abuse programming, counseling, and violence prevention.  

The CFS system put Gage in harm`s way

The system put Gage in harm`s way

The last tragic note of Gage Guimond's short life has sounded.

His great-aunt, Shirley Guimond, was handed an 18-month conditional sentence for her role in the toddler's death Tuesday morning. She faces an additional three years of probation. Guimond pleaded guilty to failing to provide the necessities of life.

Last November, Guimond also pleaded guilty to assault cause bodily harm for injuries both Gage and his sister sustained from her slapping and punching them. Then, a judge said Guimond would do no further time in jail for the assault charge, giving her double credit for 68 days she'd already spent behind bars.

So, in essence, Guimond's official punishment will be shorter than Gage's life. That's some irony, isn't it?

I've said all along that Guimond shouldn't have been the only one facing judgment. She knocked the stuffing out of Gage and his sister, to be sure. She was responsible for causing the little boy's death and the battery of the girl. She was given children to care for and plain didn't.

But it's the child welfare system that merrily handed a pair of innocents to this stranger. She didn't want them. Neither did the drunken granny they first tried to saddle with the kids. Their mother was incapable of taking care of them. The only people who wanted them were their foster family, a great bunch who provided them with the first stability they had known.

In its great wisdom, the Southern CFS Authority wrenched those children from the foster home. They wanted to "reunite" them with family, kin who would allegedly provide them with appropriate cultural supports. That's why they first foisted them off on granny and then on Shirley Guimond, who has a criminal record.

When Guimond made two desperate phone calls to CFS begging for help dealing with the children she was ignored. She shouldn't have been the only one on trial.

After the boy was buried, the Southern Authority issued a report on his death. Appallingly, they called him "a warrior for change," somehow making it sound as though this wee one had volunteered to be sacrificed.

"Death is an evolutionary process of the natural world and of the universe," the preamble read. "Death is the balance to life; the two evolutionary processes keep the universe intact. The natural composition of evolution of death and life and as good as it is will have unnatural occurrences or causes; it is the way of the universe."

Death may be natural but Gage Guimond's sure wasn't. He was killed, first by the neglect of an aunt who didn't want him and next by a child welfare system that put cultural reunification ahead of a child's safety. It sets my teeth on edge that the Southern Authority has never acknowledged its role in the death.

Natasha Guimond, Gage's mother, stood outside the Law Courts yesterday morning, condemning a system that led to her son's death. She's a little late to this party, it's true, and in an ideal world would have been capable of raising her two babies. But she wasn't and didn't and that doesn't mean she's not still mourning.

"I obviously wanted Shirley locked up," she said.

"Who in their right mind puts a high chair at the top of the stairs? Why did my kids have all those bruises? Where's the workers who placed Gage with Shirley?"

Natasha Guimond gets to see her surviving child once every three months and then only under supervision. The little girl was returned to her foster family after Gage was killed. She gripes because she sees her daughter in a controlled setting "with broken toys."

She's lucky to see the girl at all. That supervision is to belatedly provide safety and precarious security to the child.

As much or as little sympathy as you have for the birth mother, she's not the one on trial. Shirley Guimond was and skated away. The child welfare system should have been put on trial, too, from the first social worker who decided to take the children from their foster home to the agency that produces lengthy reports but can't guarantee the safety of the children in its care.

Gage didn't have to die. It was the system that placed him in harm's way.

Conditional sentence disappoints premier

PREMIER Greg Selinger says he's "disappointed" with the conditional sentence handed to Shirley Guimond for her role in the death of her great-nephew, Gage.

The NDP government faced a barrage of Opposition questions Tuesday about the court decision and whether or not child and family service agencies are continuing to remove kids from good homes and put them into unsafe ones.

"This decision that was made by the courts is one that we're obviously disappointed in," Selinger said in the legislature. "Gage Guimond lost his life tragically. We really believe that the recommendation of the Crown to have jail time would have been appropriate in this case..."

Justice Minister Andrew Swan said the Crown's office will carefully review the 14-page decision. "If the Crown believes there is appropriate reasons for an appeal (of the sentence) then I will support them going ahead and doing that appeal," he said.

Conservative Leader Hugh McFadyen said Gage Guimond's death was the result of the NDP's "rushed, careless, reckless approach to devolution" of child and family services.

McFadyen said while the government passed legislation two years ago making a child's safety the paramount concern in placement decisions, it's critical that CFS follow through on that. "We're not satisfied that has happened to date," he said.

I agree that aboriginal children should be placed in aboriginal homes, in order to maintain traditions and culture, but those homes and potential parents must be deemed fit to care for the child and they must be willing. The home needs to offer love and understanding. I believe that traditional aboriginal teachings need to be maintained throughout the generations. But a child also needs love, care, nurture and growth. Children should not be placed in homes which are dysfunctional and unable to care for them. There has to be more culturally appropriate, functional, happy, loving, and safe aboriginal foster families and homes.

Jail for this woman would not have been appropriate. I believe only the most dangerous individuals who pose a risk to society should be imprisoned. Jail should be a last resort, not over-relied upon. Jail would have negatively impacted this woman, as she has suffered from abuse herself in the past. A conditional sentence is completely appropriate. She made a mistake which could happen to anybody. 

Yes that is true but sorry it shouldn't be CFS. CFS is not in the business of taking children away from their birth Moms for the fun of it. There was a reason that these kids was taken away from their birth Mother. I really want to know what she was doing that cause CFS to investigate her in the 1st place.

You see her on the news saying how it is everyone's fault that her son has died. It is a horrible thing that happened to Gage who didn't get much of a chance to experience the joys of life, but I think Natasha needs to look into the mirror and in herself. See what she could have done differently so she wouldn't have been in a position to have CFS even investigating her in the 1st place.

This is something that every person who had a child taken away or is being investigated by CFS needs to do. Raise your kids the way they should be raised so CFS doesn't have to be concerned.

Wouldn't it be great that these parents actually took the proper responsibilities and raised their children, so no one would need to be having concerns for the child’s well being because the children are being well taken care of by them.

It would be great if this happened and we heard a news conference saying that CFS will now be closed as we are no longer needed!

In the end it is the ones who are having the kids who should be ultimately responsible for them, not CFS and not foster famlies!!

Yes the mother is partly to blame definitely. However, it is a lot easier to change CFS regulations then it is to change a human being or a large group of human beings. It would be fantastic if all parents were responsible, but even in the best of communities that's never going to happen. This child is dead because CFS put him back with other family members. The mother is not as much to blame because had he been kept with his foster family he would be alive and well. So yes we should be trying to reduce the need for children to be taken away, but most important of all is that when these children need to be taken away from the situation, they need to have a loving home to go to, and they need to stay there. That will be the fastest and most effective way to stop this from happening over and over.

Guimond gets conditional sentence for failing to provide the necessities of life

Guimond gets house arrest in nephew`s death

Shirley Guimond will not serve any more jail time for the death of her two-year-old great nephew Gage.

Guimond, 55, will serve an 18-month conditional sentence in the community, Judge Lee Ann Martin ruled this morning.

The sentence includes an absolute curfew for the first year and a 10 p.m. curfew for the remaining six months. Guimond's sentence is to be followed by three years supervised probation.

Gage Guimond died in July 2007 after falling from a high chair and down a flight of stairs. Shirley Guimond was originally charged with manslaughter but pleaded guilty last November to failing to provide the necessities of life.

Gage and his three-year-old sister had been in the custody of Sagkeeng Child and Family Services before they were placed in Guimond's care in June 2007. In the weeks prior to Gage's death, Guimond -- who was also caring for her 13-year-old grandson -- repeatedly assaulted the two young children.

Guimond pleaded guilty in November to assault causing bodily harm and was sentenced to 68 days time served plus three years supervised probation.

At a sentencing hearing last April, Guimond's lawyer Saul Simmonds argued Sagkeeng CFS foisted the children on Guimond against her wishes.

"She was not out there asking to be a foster parent," Simmonds said. "CFS came to her. Her position was she was clearly not prepared for that task."

Simmonds alleged CFS removed the children from the home of loving foster parents and placed them in Guimond's care for "political" reasons.

"This is not an isolated incident from their perspective," he said.

On the day Gage was fatally injured, Guimond had been out shopping with the three children and needed to use the washroom when they got back home. She placed the boy in a backless high chair adjacent to the basement stairs and ran to the washroom. When Guimond returned, Gage had fallen down the stairs, critically injuring himself.

Guimond called 911 and Gage was rushed to hospital where he died several days later.

Aunt sentenced in death of toddler

A judge has sentenced a Winnipeg woman to 18 months of house arrest for her role in the death of her two-year-old great nephew.
Shirley Guimond was convicted of failing to provide the necessities of life to Gage Guimond, who died in July 2007 after falling down a flight of stairs.
The toddler had been in the care of Child and Family Services for more than a year after his birth mother voluntarily gave him up.
He initially lived with his grandmother and then with a foster family before being placed in the home of Guimond, a distant relative, six weeks before his death.
Guimond pleaded guilty in November 2009 to failing to provide the necessities of life.
'God will eventually decide Shirley's fate. We obviously can't rely on Manitoba's legal system.'—Natasha Guimond, Gage Guimond's mother
Gage's mother is outraged that Guimond will not spend any time behind bars.
"It's just saying that it's OK to kill an innocent child because they can't be here to defend themselves," Natasha Guimond said as she cried outside court.
"God will eventually decide Shirley's fate. We obviously can't rely on Manitoba's legal system."

Boy routinely beaten
Sentencing submissions were heard in April. During that time, court was told Guimond frequently slapped, punched and kicked Gage.
Court also heard that in July 2007, Guimond put the boy on a chair near the top of some stairs after coming home from a shopping trip and running to the bathroom. The toddler fell down the stairs, hit his head, went into a coma and later died in hospital.
His death sparked anger in the community after an internal review found that child welfare workers did not properly assess Guimond's home.
Gage and another child were placed with his great-aunt in the summer of 2007, despite the fact that she had a criminal record and did not ask to take care of the children.
Guimond was previously convicted of assault causing bodily harm for hitting the child and was sentenced last fall to time served after spending 68 days in custody. Tuesday's sentence was on one count of failing to provide the necessities of life and focused only on the fall that killed Gage.

Pressured into taking foster kids
At the April sentencing hearing, Guimond's lawyer Saul Simmonds told court the Manitoba child-welfare system should be "in the box" along with his client, referring to the prisoner's box where the accused sits in court.
He suggested she was pressured into accepting the kids and that the system strives to keep aboriginal foster children with relatives or in aboriginal homes — even if those homes are not safe.

Shirley Guimond had suffered physical and sexual abuse since she was eight years old, Simmonds said, and was in no position to take up foster care. She had "borderline intellectual capacity," according to a medical expert.
Simmonds asked for 18 months of house arrest for Guimond.
The Crown was seeking a two-year jail sentence, but provincial court Judge Lee Ann Martin on Tuesday called Guimond's actions "bad judgment in a moment of haste."
Guimond did call 911, the judge noted, and tried to resuscitate the toddler.
"She has also accepted responsibility for his death and expressed her remorse," Martin said.
Guimond will also have three years of supervised probation and is prohibited from owning a weapon for five years.

Case helped change to foster care
Gage's death was one of several cases that raised questions about the Manitoba government's move to hand over care of aboriginal foster children to native-run regional authorities.
Critics said too much emphasis was placed on cultural concerns at the expense of safety.
The controversy prompted the NDP government in 2008 to change its legislation to specify that a child's safety is given higher priority than cultural or family ties.
Gage's death followed the high-profile case of Phoenix Sinclair, a five-year-old girl who spent most of her life in foster care and was killed after child welfare workers returned her to her mother.
Samantha Kematch and her boyfriend were convicted of murdering the girl in the basement of their home on the Fisher River reserve north of Winnipeg following months of abuse and neglect.

Guimond`s aunt given conditional sentence
Shirley Guimond, the woman charged in connection with the death of her two-year-old great-nephew, was handed an 18-month conditional sentence today for failing to provide the necessities of life. She will also serve three years of probation.
Gage Guimond died in July, 2007 after being placed in Guimond's care. His death allegedly came after he was placed in a high chair at the top of a flight of stairs and he tumbled down.
Gage and his sister had been removed from a loving foster home, placed with a grandmother who didn't want them, and finally given to Shirley Guimond. She had never previously met the children. In the course of their stay, she made at least two desperate calls to CFS, asking for help.
Premier Greg Selinger says he is disappointed with the 18-month conditional sentence handed today to Shirley Guimond in the death of her great-nephew, Gage.
Selinger expressed the sentiment in the legislature in response to a question by Conservative Leader Hugh McFadyen, who asked the premier if he agreed that a little boy’s life was more valuable than what was reflected in the judge’s sentence.
"This decision that was made by the courts is one that we’re obviously disappointed in," Selinger said. "Gage Guimond lost his life tragically. We really believe that the recommendation of the Crown to have jail time would have been appropriate in this case, and of course the Crown will be taking this decision under review and deciding what next steps they wish to take."
Last November, Shirley Guimond pleaded guilty to assault cause bodily harm for injuries both Gage and his sister suffered. She also pleaded guilty to failing to provide the necessities of life to Gage when he fell down the stairs in July 2007.
A judge said Guimond would do no further time in jail for the assault charge, after giving her double credit for 68 days she'd already spent behind bars.
Her sentence today was for two counts of failing to provide the necessities of life.
Gage's death was one of several that prompted demands for change in Manitoba's troubled child welfare system. The province devolved authority to aboriginal agencies in 2003, with a focus on keeping aboriginal kids, who make up the vast majority of those in care, with either relatives or in homes with an aboriginal culture.
After Gage's death, Family Services Miniwster Gord McIntosh said the safety of children should be paramount.

It was poor judgment -- no more jail time for woman in toddler`s death
Shirley Guimond will not serve any more jail time for the death of her two-year-old great nephew Gage.
Guimond, 55, will serve an 18-month conditional sentence in the community, Judge Lee Ann Martin ruled Tuesday.
The sentence includes an absolute curfew for the first year and a 10 p.m. to 6 a.m. curfew for the remaining six months. Guimond’s sentence is to be followed by three years of supervised probation.
The Crown and defence jointly recommended Guimond be sentenced to two years less a day. Guimond’s sentence is in addition to three months she has served at double credit.
Gage Guimond died in July 2007 after falling from a high chair and down a flight of stairs. Shirley Guimond was originally charged with manslaughter but pleaded guilty last November to failing to provide the necessaries of life.
“It is apparent ... there are many individuals who are saddened and dismayed by Gage’s death and the circumstances leading up to it,” Martin wrote in a 14-page decision. “There are no words ... that can change what happened and bring Gage back.
“This court can only comment on the profound senselessness of it all. To lose a young boy who was described as such a likeable and loving child is truly devastating.”
Gage and his three-year-old sister were in the custody of Sagkeeng Child and Family Services before they were placed in Guimond’s care in June 2007. In the weeks prior to Gage’s death, Guimond, who was also caring for her 13-year-old grandson, repeatedly assaulted the two young children.
She pleaded guilty in November to assault causing bodily harm and was sentenced to 68 days time served plus three years supervised probation.
At a sentencing hearing last April, Guimond’s lawyer Saul Simmonds argued Sagkeeng CFS foisted the children on Guimond against her wishes.
“She was not out there asking to be a foster parent,” Simmonds said. “CFS came to her. Her position was she was clearly not prepared for that task.”
Guimond “reluctantly” agreed to care for the children but was asking CFS to take them back after two weeks, Simmonds said.
On the day Gage was fatally injured, Guimond was shopping with the three children and needed to use the washroom when they got back home. She put the boy in a backless high chair adjacent to the basement stairs and ran to the washroom. When Guimond returned, Gage had fallen down the stairs, critically injuring himself.
Guimond called 911 and Gage was rushed to hospital where he died several days later.
“These facts ... are quite frankly facts indicative of poor judgment in a moment of haste,” Martin said.
Martin said Guimond’s assaults on Gage were not a factor in his death.
“Though there had been instances of ‘over-correction’ in the month preceding this incident, the ‘over-correction’ did not lead to Gage’s death and in fact is not related to it,” he said.
When asked in question period Tuesday whether the Crown might appeal the sentence, Premier Greg Selinger said his government did not agree with the judge’s decision.
“This decision that was made by the courts is one we were obviously disappointed in,” Selinger said, adding the Crown is now reviewing the decision in order to decide whether to appeal.

I completely agree with a conditional sentence and probation. This woman should also receive abuse counseling and participate in emotion management programs. The death was unintentional and she called 911 and tried to revive the child, which demonstrates her caring nature. This woman is not dangerous or violent and therefore, jail would not be warranted. It would not have helped her in any way and she would have likely been negatively influenced by prison. This was a mistake which could happen to anybody. This woman had suffered from physical and sexual abuse as a child and that can often to chemical imbalances in the brain. Many people who abuse others, have been abused themselves as children. People who have been abused themselves, should not be in prison. That will likely only worsen their condition and mental state. Guimond`s biological mother was upset about what happened, but she could have very well taken care of her own child. We need to fix the CFS system and do more background checks on potential foster parents to be sure the home environment is safe. I agree though, that aboriginal children should have aboriginal foster parents, to maintain their culture and traditions but the parents need to be deemed "fit" to care for foster children. If the mother was not able to look after her own child, she should not be complaining when something bad happens. The CFS agency, the worker and the mother are to blame. This mother should have accepted responsibility for her own child. CFS should have never placed the child in Shirley`s care, because she clearly did not want to care for more children, yet they forced it upon her.    

Sentencing date set for Guimond

Judge shuts down gang trial where four men accused of prison death

Judge shuts down gang trial of prison death

A Manitoba judge pulled the plug on a high-profile gang murder trial just as it was ending -- but the public will not be allowed to know why jurors were sent packing after hearing two weeks of evidence.

Queen's Bench Justice Don Bryk declared a mistrial this week in the case of four men charged with beating a fellow inmate to death inside Stony Mountain prison.

Bryk issued a sweeping publication ban preventing any details on the surprising development, including his reasons, from being published.

The decision was made in a closed courtroom Thursday afternoon.

David Tavares, 40, died of trauma in March 2005 after being attacked in a prison recreation room.

RCMP spent more than two years investigating the case before laying charges. The jury trial began earlier this month and was hearing from its final witness -- with closing arguments expected early next week -- when it suddenly fell apart.

Defence lawyer Martin Glazer said several of the accused may apply for bail. A new trial date would likely not be available until 2011 at the earliest.

Victor Ryle is accused of ordering the deadly attack and has pleaded not guilty to manslaughter.

Alvin Cote, Charles Coaster and Evan Myran allegedly carried out the beating and are charged with second-degree murder.

The Crown's key witness had been in the witness box since Tuesday, testifying how Tavares was only supposed to be taught a lesson, not beaten to death.

Steven Courchene admitted to standing by and watching the fatal attack unfold and told jurors the "timed beating" quickly got out of control. Courchene, 32, was granted immunity by Manitoba justice officials in exchange for his testimony.

I just attended this trial last Wednesday for Steven Courchene's testimony and I find it very interesting that the Judge suddenly declared it a mistrial. I wonder what went wrong.. 

Fatal beating in Stony Mountain Institution detailed for jurors

Fatal prison beating detailed

A Winnipeg gang member was only supposed to be taught a lesson -- not targeted for death -- when several fellow inmates jumped him inside Stony Mountain prison.

But the man who claims he stood by and watched the fatal attack unfold says the "timed beating" quickly got out of control.

"I knew it was getting out of hand. I pretty much said 'Holy (expletive), you guys are overdoing it," Steven Courchene told jurors Tuesday. "I think they all looked at him after and knew...he wasn't moving at all."

Courchene, 32, is the Crown's key witness in the case of four men on trial for the March 2005 slaying. He was granted immunity by Manitoba justice officials in exchange for his testimony.

David Tavares, 40, died of trauma after being attacked in a prison recreation room. Victor Ryle, who is accused of ordering the attack, has pleaded not guilty to manslaughter. Alvin Cote, Charles Coaster and Evan Myran allegedly carried out the attack and are charged with second-degree murder.

Courchene, Tavares and the accused were all members of the Native Syndicate street gang who were being housed in the same unit at the medium-security federal prison just north of Winnipeg. Tavares had angered his fellow gangsters by his conduct, which included openly complaining about several people owing him money for tobacco he'd sold them behind bars, court was told.

Courchene said an executive gang decision was made to give Tavares a "deboard", which is gang slang for a timed beating. Courchene said he was assigned to keep track of how long it lasted. The typical length of a beating was between 30 seconds and three minutes, he said.

Tavares knew what was coming but didn't agree with it.

"As the day went on he became angrier and angrier. He was upset about it, he thought it was bull," said Courchene. The beating was supposed to happen in a prison washroom, but Tavares refused to go along with the plan. Courchene told jurors that Cote, Coaster and Myran - acting on orders from Ryle - attacked him near some pool tables. Tavares was repeatedly kicked, punched and eventually dragged into a washroom, where he was left in a pool of blood.

Tavares was found unconscious after staff closed the recreation centre. He was taken to the infirmary and was later pronounced dead.

RCMP Cpl. Ian MacInnis previously told jurors how investigators got a major break when Courchene contacted them weeks after the killing, wanting to talk about what he'd witnessed. MacInnis said they initially made no promises to Courchene, who eventually gave a series of videotaped statements after being told he wouldn't be charged in the slaying.

"Timekeeper" lying, Tavares told trial
A prison informant is being accused of lying to justice officials to hide his own involvement in the gang-related beating death of David Tavares.
Steven Courchene claims he was recruited as “timekeeper” while Stony Mountain Institution inmates Charles Coaster, Evan Myran and Alvin Cote beat Tavares inside a locked recreation area on March 20, 2005.
“You want the jury to believe you felt bad about what happened to Mr. Tavares,” said defence lawyer Martin Glazer, who is representing Victor Ryle, the man accused of ordering the two-minute beating.
Glazer confronted Courchene with the evidence of another witness who said he saw Courchene assault Tavares prior to the fatal beating. “You weren’t keeping time at all, were you?” Glazer charged. “You were attacking Mr. Tavares.”
Courchene said he slapped and pushed Tavares after he yelled at Ryle and called him names but had no involvement — aside from time keeping — in the beating that followed several minutes later.
Coaster, Myran, and Cote are on trial charged with second-degree murder. Ryle is charged with manslaughter.
Prosecutors allege Tavares, a member of the Native Syndicate street gang, received a “timed beating” as punishment for a prison dispute with other gang members. Ryle is alleged to have ordered the beating while the other three accused carried it out.
Courchene testified Tavares had been drinking “homebrew” in the hours before his death and complained about debts other gang members owed him.
During an exercise period in the prison gym later that evening, Tavares confronted Cote over a debt, Courchene testified. “They grabbed each other and looked like they were going to fight,” he said. “I didn’t see any punches thrown.”
Courchene said Ryle intervened and told the men to break it up. Ryle and several “full patch” Native Syndicate members conferred with each other and it was decided Tavares should suffer a two-minute beating, Courchene said.
Ryle told Courchene to find a watch and picked out Coaster, Myran and Cote to administer the beating, Courchene said.
Tavares was knocked to the floor and the men continued to beat him about the head and body after he was apparently unconscious, Courchene said. “He wasn’t trying to defend himself, that I could see,” Courchene said. “I said ‘Holy f---, you guys are overdoing it.’”
Courchene said other gang members cleaned up blood from the beating and dragged Tavares’ body to a washroom.
Courchene is living in witness protection and was granted immunity from prosecution in return for his testimony.

These articles are biased as they spend too much on the facts set out by the Crown and not enough on the arguments that defence lawyers made or any background information on the accused's lives

Timekeeper for deadly beating given immunity

Timekeeper for deadly beating given immunity

A former Stony Mountain inmate who claims he was the "timekeeper" for a deadly prison beating was granted immunity by Manitoba justice officials in exchange for his testimony.

On Friday, jurors learned of the deal with Steven Courchene, who is the Crown's key witness against four gang members now on trial for the March 2005 slaying. His credibility, and the evidence he is expected to give, will be challenged by defence lawyers.

David Tavares, 40, was jumped while in a prison recreation room in what the Crown says was a disciplinary hearing that got out of hand. Victor Ryle, who is accused of ordering the attack, has pleaded not guilty to manslaughter.

Alvin Cote, Charles Coaster and Evan Myran allegedly carried out the attack and are charged with second-degree murder.

RCMP Cpl. Ian MacInnis told jurors Friday investigators got a major break when Courchene contacted them weeks after the killing, wanting to talk about what he'd witnessed. Courchene -- who had just been released from the medium-security facility -- admitted to holding a stopwatch while the others attacked Tavares for what was supposed to be a designated period of time.

MacInnis said they made no promises to Courchene -- and took no action following his admissions.

"I take it, as a police officer, if someone confesses to murder you usually arrest them. In this case, he gave you a confession and you drove him home," defence lawyer Martin Glazer said.

MacInnis said he wanted to discuss the developments with the Crown attorney's office, which normally authorizes charges in homicides.

In this case, a prosecutor suggested offering Courchene immunity from any prosecution for his role in exchange for giving evidence against the others.

More than two years passed before the four accused were arrested and charged. MacInnis said there were many aspects to the case including analysis of more than 200 seized exhibits, many of which were sent for time-consuming DNA testing.

MacInnis admitted Friday Courchene repeatedly breached conditions of the immunity agreement by going on the run, not giving police his new address or phone number and not checking in for months at a time.

RCMP had grounds to revoke the deal and charge Courchene in the slaying, but chose not to.

"So he's still getting special treatment," Glazer said.

Tavares died after being punched and knocked to the floor near some pool tables where he was repeatedly kicked in the head. The attackers dragged him to a washroom.

Tavares was found unconscious after staff closed the recreation centre. He was taken to the infirmary and was later pronounced dead.

Tavares was in Stony Mountain serving a 39-month sentence for driving-related offences. He had become a member of the Native Syndicate street gang while in prison but had angered fellow gang members by his conduct, which included openly complaining about several people owing him money.

Crown fights for murder charge in child's death

Crown fights for murder charge in child's death

Manitoba prosecutors are gearing up for a legal battle that would see a second-degree murder charge reinstated against a mother accused of killing her two-year-old daughter.

To do so, Crown attorneys in charge of proving a criminal case against Nicole Redhead must convince a Justice of Manitoba's Court of Queen's Bench that a recent decision to try Redhead for manslaughter and not murder was an incorrect one.

Redhead was charged in the killing of Jaylene Sanderson-Redhead last July and has been behind bars ever since.

Police allege the little girl died because of long-term abuse while the two were living at a treatment centre in Winnipeg's North End.

Jaylene had been in the care of an aboriginal child and family services agency, but it gave custody back to Redhead about six months before the girl's death on condition that the agency would supervise the pair closely.

Officers were called to the treatment centre on June 29, 2009, and rushed Jaylene to the hospital where she died. Redhead was charged with second-degree murder about two weeks later.

Judge reduces charge

After a preliminary hearing of the Crown's evidence against Redhead earlier this year, Provincial Court Associate Chief Judge Mary-Kate Harvie ruled that the mother should stand trial on the reduced charge of manslaughter.

The evidence presented by the Crown at the preliminary hearing cannot be published because of a mandatory publication ban.

A formal indictment against Redhead on the reduced charge was drawn up in mid-April, according to court records.

However, court documents show that prosecutors believe the judge went beyond her jurisdiction by reducing the charge.

Harvie did so "by engaging in an improper weighing of the evidence and by choosing from competing inferences in favor of [Redhead]," prosecutors said.

A higher court judge will hear the Crown's arguments to reinstate the murder charge at a May 25 hearing.

If convicted of manslaughter, Redhead faces a maximum sentence of life in prison, but there is no mandatory minimum. A second-degree murder conviction carries with it a mandatory sentence of life in prison without parole eligibility for 10 years.

Trial begins for four men accused in prison killing

Trial begins in killing of David Tavares

A trial has begun for four men arrested in the prison killing of David Tavares.

Tavares, 40, was beaten to death March 20, 2005 at Stony Mountain Institution.

Four fellow inmates have been charged in his death. Victor Ryle has been charged with manslaughter while Charles Coaster, Evan Myran and Alvin Cote are charged with second-degree murder.

Jurors have heard Tavares was a member of the Native Syndicate street gang.

Prosecutors allege Tavares received a "timed beating" as punishment for a prison dispute with other gang members. Ryle is alleged to have ordered the beating while the other three accused carried it out.

Chief medical examiner Dr. Thambirajah Balachandra testified Tavares suffered multiple injuries to his head, face and torso, including a fractured skull and ruptured spleen. He said the cause of death was multiple injuries due to blunt force trauma.

Gang 'discipline' excessive, killed Stony inmate: Crown
AN inmate at Stony Mountain penitentiary was killed behind bars by members of his own gang who took a violent "disciplinary hearing" too far.
Crown attorney Brian Bell told jurors Monday that David Tavares wasn't originally marked for death when a high-ranking decision was made to go after him inside the medium-security prison north of Winnipeg. But Bell said the March 2005 attack quickly got out of hand and ended with Tavares suffering massive trauma.
Four men are on trial for their alleged roles in the slaying. Victor Ryle is accused of ordering the attack and has pleaded not guilty to manslaughter. Alvin Cote, Charles Coaster and Evan Myran allegedly carried out the fatal beating and are charged with second-degree murder.
"The charges are serious, but the evidence is pretty straightforward," Bell said in his opening statement.
Tavares, 40, was jumped while in a prison recreation room. He was punched and fell to the floor near some pool tables, where he was repeatedly kicked in the head. The attackers dragged him to a washroom. The unconscious Tavares was only found after the recreation centre was closed for the day and staff were making sure everybody was out. He was taken to the infirmary, where he was pronounced dead.
Tavares was in Stony Mountain serving a 39-month sentence for driving-related offences. Bell said Monday he had become a member of the Native Syndicate while in prison but had angered fellow gang members by his conduct, which included openly complaining about several people owing him money.
Tavares had also obtained contraband alcohol and was drinking on the day he was killed, Bell said.
"A decision was taken to discipline Tavares by assaulting him... in the form of a time beating," he said. One of the Crown's key witnesses is another gang member who was in Stony and claims he was tasked with "timing" the attack. The accused were much bigger than Tavares, who only stood about 5-foot-10 and weighed about 190 pounds, court was told.
Bell told jurors they will hear lots of evidence about the inner workings of the gang, especially behind bars. The trial is expected to last three weeks.
Tavares is originally from Thunder Bay and had been jailed after a June 28, 2000 drunk-driving incident is which his pickup truck, leaving Sleeping Giant Provincial Park in Ontario, went out of control and rolled over, injuring its occupants.

This article is biased in that it fails to state the defence lawyers' opening arguments. 

This is yet another prime example of how prisons are the schools of crime, teaching non-violent offenders to become better criminals, with new skills to the point where they become involved in drugs and gangs. They are then released, with an increased chance of re-offending.  

Jeffrey Cansanay Murder Trial

Jeffrey Cansanay is charged with the second degree murder of Philip Haiart and 3 counts of attempted murder for Abass Jalloh, Gharib Abdullah and Corey Amyotte. 

For the jury to convict Cansanay of second degree murder, they must be convinced beyond a reasonable doubt that Cansanay caused the death of Haiart and that his actions were intentional.

If the jury is not satisfied that Cansanay's actions killed Haiart, they must acquit him of all charges. 

If they are satisfied that he did kill Haiart but that it was NOT INTENTIONAL, then they must convict Cansanay of Manslaughter (unintentional killing).  

For the jury to convict of attempted murder, they must be satisfied beyond a reasonable doubt that Cansanay had the intent to murder innocent bystander Jalloh and two rival gang members, Abdullah and Amyotte.

If the jury is NOT satisfied that Cansanay had the INTENT to murder the three individuals, they must convict of Discharge a Firearm with Intent, which means Cansanay did discharge the gun at Abdullah and Amyotte with intent, but did not intend to injure Jalloh.

The Crown alleges that Cansanay fired the shots at rival gang members as part of gang war over territory regarding the selling of crack cocaine. 

The Crown's key witness was Gharib Abdullah, the rival gang member who the Crown alleges, the bullets were intended for. He testified that he saw Cansanay holding a gun prior to the shots being fired that killed Haiart and wounded Jalloh. He did NOT directly see Cansanay fire the gun. He never saw WHO pulled the trigger. In the previous trial against Cansanay, where he was acquitted, Abdullah refused to testify and was convicted of contempt of court. He is an active member of the Mad Cowz gang, a rival gang to the one Cansanay was a member of, the African Mafia. Abdullah may simply want to implicate Cansanay because he was a rival gang member who left the Mad Cowz. Defence argued that Abdullah's testimony is uncredible and should be dismissed because both Abdullah and Amyotte were convicted of contempt of court after they refused to testify at Cansanay's first trial in 2007. They are manipulative and have lied in the past. Abdullah, who is on parole currently, only testified in the current trial to help his case against deportation, defence alleged. He only told the story that the Crown wants the jury to hear. Defence said, lying comes easy to these people.  

Amyotte also took the stand but claimed he wasn't at the scene of the crime, which is inconsistent with his videotaped statement to police.

Personally, if I were a juror, I would not be believing anything that Amyotte or Abdullah are saying. To me, the Crown has not proven Cansanay's guilt beyond a reasonable doubt and therefore, I feel he should be acquitted of all charges. 

Ex-Bison gets bail after being charged with manslaughter

Ex-Bison gets bail after manslaughter charge, in alleged sucker punch death

A judge has granted bail to a former University of Manitoba Bison football player charged with killing a man inside a Winnipeg bar.

Jeremy Botelho was released Tuesday on several conditions including a curfew and order to abstain from alcohol. The Crown was opposed to his release.

Botelho, 23, was formally charged Monday with manslaughter in the death of Kelly Clay at the Nor-Villa Motor Hotel last week. Clay, a lacrosse star in high school, died of his injuries after being rushed to hospital on April 15.

Botelho turned himself in to police several hours after Clay’s death and spent five nights in custody at the Remand Centre.

A court-ordered ban prevents specific details of the bail hearing from being published.

Former Bison star gets bail
A former University of Manitoba Bisons football player charged with manslaughter was granted bail just before noon Tuesday.
Jeremy Botelho, 23, had been in custody since Friday when he turned himself in to police.
Kelly Clay, an 18-year-old high school student and lacrosse player, died early Thursday morning following an altercation at the Nor-Villa Motor Hotel bar. Clay was allegedly “sucker punched” in the head, then fell and hit his head on the tile dance floor.
Among his bail conditions, Botelho must observe a daily curfew of 10:30 p.m, not consume alcohol and undergo an alcohol abuse assessment.
His next court date is May 19.
Botelho, a receiver and kick returner, was a high school and junior football star before he joined the Bisons for the 2009 season.
He set a CIS record when he returned a missed field goal 129 yards for a Bisons touchdown and was a conference all-star but informed the team’s coaching staff in February he was leaving the Bisons.
Botelho has also practiced with the CFL’s Winnipeg Blue Bombers.

A former University of Manitoba Bisons football player charged with manslaughter was granted bail just before noon Tuesday.
Jeremy Botelho, 23, had been in custody since Friday when he turned himself in to police.
Kelly Clay, an 18-year-old high school student and lacrosse player, died early last Thursday morning following an altercation at the Nor-Villa Motor Hotel bar. Clay was allegedly “sucker punched” in the head, then fell and hit his head on the tile dance floor.
Among his bail conditions, Botelho must observe a daily curfew of 10:30 p.m,, not consume alcohol, and undergo an alcohol abuse assessment.
His next court date is May 19.
Botelho, a receiver and kick returner, was a high school and junior football star before he joined the Bisons for the 2009 season.
He set a CIS record when he returned a missed field goal 129 yards for a Bisons touchdown and was a conference all-star but informed the team’s coaching staff in February he was leaving the Bisons.
Botelho has also practised with the CFL’s Winnipeg Blue Bombers.

I couldn't agree more, for this man to be granted bail! He has no previous record, is not a danger to society whatsoever, is a good person overall and simply made an unfortunate mistake likely fueled by alcohol. There is no reason why he SHOULDN'T be released. We do not need to keep people who don't pose a danger to society, in remand. It only causes further overcrowding. 

Ex-Bisons football star charged with manslaughter

Ex-Bisons football star charged with manslaughter

WINNIPEG — Former University of Manitoba Bison/Winnipeg Rifles football star Jeremy Botelho has been charged with manslaughter in the death of Kelly Clay at the Nor-Villa Motor Hotel last week.

Botelho, 23, remains in custody at the Provincial Remand Centre after turning himself in to police following the incident.

Clay, a lacrosse star in high school, died of his injuries after being rushed to hospital on April 15. He was struck once in the head from behind, fell forward and struck his face on the tile floor.

Botelho was seen running out of the building through the beer vendor into the parking lot. A product of Sisler High School, Botelho — a rookie with the Bisons last year — made headlines last fall after returning a missed field goal 129 yards for a touchdown in a game against Simon Fraser University.

But in February he resigned from the Bison football program.

Ex-Bison formally charged in death
A manslaughter charge has been formally laid against an ex-U of M Bison football player in a bar death last week.
Jeremy Botelho, 23, was scheduled to appear in court Monday morning.
He's been in custody since he turned himself in to police Friday.
Botelho is charged in the death of Kelly Clay, an 18-year-old high school student.
Clay was assaulted at the Nor-Villa Motor Hotel bar early Thursday.
Bar owner Gilber Gauthier said Clay was sucker-punched once in the head behind his ear.
He fell and hit his face on a tile dance floor, Gauthier said.
The male suspect fled.
Botelho, a receiver and kick returner, was a high school and junior football star before he joined the Bisons for the 2009 season.
He set a kick-return record and was a conference all-star but informed the team's coaching staff in February he was leaving the Bisons.
The team didn't disclose Botelho's reason.

Former Bison star to apply for bail
A former University of Manitoba Bisons football player charged with manslaughter is expected to apply for bail Tuesday morning.
Jeremy Botelho, 23, has been in custody since Friday when he turned himself in to police.
Kelly Clay, an 18-year-old high school student and lacrosse player, died early Thursday morning following an altercation at the Nor-Villa Motor Hotel bar. Clay was allegedly “sucker punched” in the head, then fell and hit his head on the tile dance floor.
A Crown attorney opposed Botelho’s request that his bail hearing be heard Monday, saying he needed another day to review several witness statements.
“I have six or seven witness statements to go through by tomorrow before we can put all the facts before you fairly,” prosecutor Rustyn Ullrich told Judge Judy Elliott.
Botelho, a receiver and kick returner, was a high school and junior football star before he joined the Bisons for the 2009 season.
He set a CIS record when he returned a missed field goal 129 yards for a Bisons touchdown and was a conference all-star but informed the team’s coaching staff in February he was leaving the Bisons.
Botelho has also practiced with the CFL’s Winnipeg Blue Bombers.

This man has no prior criminal record and a simple punch, likely brought about by alcohol at the bar, caused the deceased man to fall to the ground and later die of his injuries. This accused is NOT dangerous in my opinion and should not be held in custody. He should be released with bail as I believe he is truly not a danger to society.

Athletes' paths meet in tragedy -- Former football star charged in death

Athletes' paths meet in tragedy-- Lacross star dead, football ace expected to face charge

One excelled on the football field while the other was a lacrosse star.

While they didn't meet each other on the playing field, their lives have become intertwined after a tragic incident at a North Kildonan bar.

Now high school lacrosse star Kelly Clay is dead, while former University of Manitoba Bison and Winnipeg Rifles football player Jeremy Botelho has been arrested and is expected to face a charge of manslaughter.

The death has left family and friends of both men in shock.

"He (Clay) had lots of friends and lots of the staff worked with him," said Seven Oaks School Division superintendent Brian O'Leary about the Grade 12 West Kildonan Collegiate student on Friday.

"It's a real loss and they're feeling it."

By late afternoon, more than 1,100 people had signed up to a Facebook memorial site to Clay.

"I'm very saddened for everyone," said Bison football head coach Brian Dobie on Friday. Dobie coached Botelho last season, during which the rookie set a Canadian Interuniversity Sport record when he returned a missed field goal into a 129-yard touchdown.

"Somebody died here. It's just awful."

Clay, 18, died of his injuries after being rushed to hospital early Thursday.

Witnesses alleged on Thursday that just minutes before the Nor-Villa Motor Hotel bar closed, they saw a man strike Clay once in the head from behind. Clay then fell forward and struck his face on the tile floor.

The suspect was seen running out of the building through the beer vendor to the parking lot.

On Friday, Winnipeg Police Service spokesman Const. Jason Michalyshen said Clay died after he was beaten on his upper body after what may have been a verbal dispute. He said there's no suggestion a weapon was involved.

"Obviously, the victim did sustain some other injuries as a result of falling," Michalyshen said.

Police said the two may have been casually acquainted through the victim's family, but police don't believe they knew each other well. The accused was not formally charged as of Friday afternoon, but Michalyshen said he turned himself in to police.

"We're still interviewing and processing that individual," he said, adding police did not name either the victim or accused on Friday out of sensitivity to their families.

Police do not normally release names if the person has not been formally charged.

Michalyshen said fighting can lead to deadly consequences for victims.

"We always hate to see incidents like this," he said.

Michalyshen said the accused and the victim were not known to police.

Anyone with information about the incident or who was at the Nor-Villa Hotel the night of April 14 is asked to call 986-6508 or CrimeStoppers at 786-8477 (TIPS).

Family members of Botelho, 23, declined to comment. Relatives of Clay could not be reached.

Friends of Clay remembered the teenager as someone they loved and will miss.

"Kelly was a great guy who loved sports," one friend told the Free Press. "He was a shy guy if you just met him, but once you got to know Kelly he was a funny, outspoken guy.

"He touched so many people in his short life... It's just another sad thing that drinking has had to take another life so soon."

O'Leary said psychologists and social workers have been sent to help both current collegiate students and students from last year's graduating class.

"He was still taking courses this year with most of his friends in last year's graduation," he said.

"Because he has been part of the school for five years, it has hit staff hard too."

O'Leary said Clay played lacrosse at a provincial level and was part of the school's provincial- title-winning Wolverines team last year.

Clay was even part of a high-school-age team that went to a tournament in Vail, Colo. in 2008. winning the Division II championship. Clay was named to the tournament all-star team in the midfield position.

Botelho himself made headlines across the country last September when the rookie returned a missed Simon Fraser University field goal into a record 129-yard touchdown. He was named the Canada West conference special-teams football athlete of the week for the accomplishment.

"It's so special, it makes you immortal; nobody can beat that," Botelho told the Free Press at the time.

"I always joked about being immortal with my friends when we were kids and now I am, at least in the CIS record books."

Dobie said Botelho resigned from the Bison team back in February. He would not comment on why the first-year student dropped off the team.

But Dobie said Botelho was "a quiet guy who just came out to practise and did his work.

"He was working hard at it like other members of the team."

Dobie said Botelho was previously a star player with the Winnipeg Rifles and before that at Sisler High School.

Former Bison charged with death

One young man — an elite provincial lacrosse player — is dead and another, a university football star, is in custody following an assault at a Winnipeg bar early Thursday.

It’s a tragic tale of two men — 18-year-old victim Kelly Clay and 23-year-old suspect Jeremy Botelho — whose promising lives have been cut short or interrupted by an alleged violent act involving a single punch to the head.

A source said Botelho, a former University of Manitoba Bisons receiver and highly touted football prospect who attended the Winnipeg Blue Bombers training camp last year, surrendered to police Friday and faces a manslaughter charge. The charge indicates there is no evidence of an intent to kill.

The assault occurred inside the Nor-Villa Motor Hotel bar on Henderson Highway about 2 a.m.

Clay, a Grade 12 student at West Kildonan Collegiate, died later that day.

Winnipeg police spokesman Const. Jason Michalyshen said there was an earlier verbal dispute between the victim and suspect in the company of friends.

Michalyshen said the men didn’t know each other well but had a mutual acquaintance, who might be a relative of Clay’s.

Police didn’t comment on the motive but friends believe it had something to do with an argument involving at least one young woman and others.

Bar owner Gilbert Gauthier said Clay was standing near the dance floor when an older, larger male sucker-punched him from behind, striking him on the side of the head.

Clay fell and struck his head on the tiled floor, Gauthier said.

Gauthier said Clay and the suspect arrived at about the same time and was unaware of an earlier incident.

Friends said Clay was energetic and loved to socialize with friends, and was a talented athlete who excelled at lacrosse.

“He was always the life of the party,” said Brittany Nikkel. “He was a good kid.”

John Antonius said Clay had a competitive yet laid-back nature and was eager to find work after high school, where he got along with his teachers.

“One thing that really stood out about Kelly was he could pretty much make everyone laugh with his stories,” Antonius said.

Friends shared their grief on Facebook, where they posted photos of Clay smiling, goofing off or posing, and in his lacrosse gear at a tournament in Colorado in 2008, where he was named to an all-star team.

Despite an all-star selection in his rookie season in 2009, Botelho left the Bisons on his own accord in February, coach Brian Dobie said.

On Sept. 11, 2009, Botelho set a CIS record when he returned a missed field goal 129 yards for a Bisons touchdown during a road loss to Simon Fraser. He studied kinesiology and recreation management at the U of M, according to a player profile.

Botelho formerly played for the Winnipeg Rifles and attended Bombers training camp in 2009. Botelho also practised with the CFL team the previous year.

Clay is Winnipeg’s third homicide victim of 2010.

I feel sympathy towards the young man being charged with this offence. He was a former football player and an overall good person. He made a terrible mistake, which was likely fueled by alcohol. He will regret this for the rest of his life.  

I found that both of these articles are biased in that they focus too much space on the victim and his good character, in order for the public to sympathize more with the victims' family than the accused's family. Also, if the man killed was Aboriginal or not of good character, I can guarantee you, it would NOT receive this much coverage or an attempt to get readers to sympathize with the victim. I think that more space needs to be dedicated to the accused and his life background and good character as well in order to be proportionate.