Youth plea bargains in beating death

Youth plea bargain in beating death

An 18-year-old Winnipeg man has admitted to beating another man to death with a baseball bat in a plea bargain that will see him serve no more than four years in custody.

The man — who cannot be named because he was a youth at the time of the May 2008 killing — pleaded guilty Friday to second-degree murder.

Paul Cherewick, 30, was beaten with a bat following an altercation on Euclid Avenue. The victim suffered major head injuries but was able to walk several blocks to Flora Avenue, where he collapsed. Police didn’t discover Cherewick until about 10 hours after the attack. He died in hospital nine days later.

The accused remains in custody and will return to court following the completion of a pre-sentence report.

In exchange for his guilty plea prosecutors have agreed not to seek an adult sentence in the killing. Under the Youth Criminal Justice Act, the maximum sentence for second-degree murder is four years in custody followed by three years community supervision. An adult convicted of the same crime faces a mandatory sentence of life in prison with no chance of parole for at least 10 years.

The man was free on bail in January 2010 when he was rearrested for allegedly stabbing a man on New Year’s Day. Police at the time said two men became involved in an argument during a party at a Charles Walk residence when one of the men stabbed the other in the upper body.

I agree with the plea bargain. Teens should not receive adult sentences as they are more likely to be negatively affected by prison and become more hardened criminals and more entrenched and influenced by gangs and drugs in prisons. More emphasis for teens should be placed on rehabilitation and reintegration as opposed to retribution. 

I would like to know the mitigating factors related to this teen and more about his background life and defence arguments.  

Crown breaks down while describing impact of sexual assault on victim

Crown breaks down describing rape victims' devastation

A Manitoba Crown attorney wept Monday as she described how a rape victim has been devastated by the attack.
Jocelyn Ritchot had to pause several times as she struggled to read a statement on behalf of the woman, whose 46-year-old former boyfriend pleaded guilty to several charges. He was sentenced to three years in prison in addition to 18 months of time already served. His name isn't being published to protect the identity of the victim.
"I trusted you. I cared for you. I only wanted the best for you. Why, why, why?" the woman wrote. "Emotionally I felt dirty, used, guilty that somehow I allowed it to happen, and very degraded. I feel like my soul has been robbed."
The victim -- who wasn't present for the sentencing hearing -- began dating the man after they met at an Alcoholics Anonymous meeting in 2007, court was told. They ended their romance in July 2008 but continued to be friends. However, everything changed when the woman went to his Beausejour-area home in September 2008 and found him intoxicated.
"I wanted to help him. I felt sorry for him. Then it became a nightmare," she wrote.
The man put duct tape over her face, bound her hands and legs together and then sodomized her. He also demanded she call her 18-year-old daughter to come over so he could sexually assault her while she watched. She was repeatedly beaten when she refused. The man also threatened to hit her with a lead pipe.
"No mother should ever be put in that position," Ritchot told court. "He had no regard for the feelings or personal integrity of the victim."
The man eventually untied his victim and allowed her to escape the house, telling her "I have nothing left in my life... I belong in jail."
"I no longer had any personal control. I was at his mercy. I looked into his eyes and could see nothing," the woman recalled in her victim impact statement. "My whole world changed absolutely when that duct tape came out."
The woman said she was unable to cope with the physical and emotional damage she suffered and began drinking again to mask her pain. She also had to quit her job.
"I despise myself for starting to drink again," she said.
The man has a previous criminal history, including a similar sexually motivated attack on his former wife in 2004. He also met her at an AA meeting, court was told.
Defence lawyer Manny Bhangu said his client is sorry for the harm he caused his former girlfriend.
"This was definitely a situation that was fuelled by alcohol," he said.
The man's sentence was a joint recommendation from Crown and defence lawyers.






This article does not spend enough time talking about the offender and his previous background life, history of alcohol addictions and more of the arguments from Defence. It’s clear that this man had alcohol addictions and attempted to seek help through AA, on more than one occasion. This should have been acknowledged. 



This man says that he has nothing left in his life. This article does not delve deeper into the possible reasons why he said this.
It also does not provide enough information on his previous criminal history. Was he found guilty of that offence? What were the events leading up to it? Was it violent, etc.? Not enough is known about the previous attack, for it to have any relevance in this man’s guilt.


Throughout the article, it is implied that this man had intent to harm this woman, when he may not have. I believe that this attack was fuelled by alcohol and that putting this man in prison, is just a lazy response to dodge the issues of alcohol addiction. This man needs more intensive help, in my opinion, such as a residential alcohol treatment program of some sort. It also does not say whether he was employed, lived in poverty, etc. and other mitigating circumstances. 


I understand that he plead guilty but I feel that he should have gotten 2 years less a day combined with probation, to help in addressing his addictions.

Impaired driver killed cousin in crash, agrees to a 30 month prison sentence

Drunk driver kills cousin in crash, agrees to 30 month prison sentence

A Winnipeg man who slammed his truck into a tree while driving drunk at nearly triple the legal limit -- killing his cousin and seriously injuring himself -- is headed to prison.

Dennis Joseph McKay, 43, has agreed to a 30-month sentence (2 years and 6 months) as part of a plea bargain struck with the Crown. His sentencing hearing began Tuesday and will conclude on Thursday.

McKay has an extensive criminal record which includes two prior impaired driving convictions. He also had a suspended licence at the time of the November 2007 crash on Keewatin Street near Pacific Avenue.

"All hell broke loose at that intersection, and the results were tragic," Crown attorney Tim Chudy told court.

Larry Orvis, 36, died of massive trauma after being crushed in the passenger seat of McKay's pick-up truck, which left the roadway and slammed into a tree in the backyard of a nearby home.

McKay suffered a broken ankle and deep cut to his head. He refused to provide a breath sample in hospital and became combative with staff, even punching a female nurse who was trying to treat him, court was told.

Police say he was slurring his speech and his breath smelled strongly of liquor. Officers later obtained a blood sample and found McKay was driving with a level of .23. The legal limit in Manitoba is .08.

Defence lawyer Ryan Amy said his client has struggled with an alcohol addiction for much of his adult life. A pre-sentence report says he is filled with regret for killing Orvis, who grew up with him and was extremely close.

The two men had spent the evening drinking at McKay's home in Lockport, just north of Winnipeg, court was told.

McKay has been free on bail since shortly after his arrest but will be taken into custody Thursday to begin serving his prison term. The Crown is also requesting a lifetime driving ban based on his prior history, although that is not part of the agreement with defence.

I believe that this sentence is appropriate, considering the circumstances. Yes, this man has an extensive history and prior impaired driving convictions, but that makes sense because has been suffering from alcohol addiction for some time now. He is also very remorseful and will have to live with the consequences of his actions for the rest of his life. In prison, he should have to attend alcohol counseling treatment/rehabilitation and also continue to attend if he is released on parole.