Life sentence
Ben Eoin man pleads guilty to second-degree murder and attempted murder charges
A Ben Eoin man will learn later this month how much of a life sentence he must serve before becoming eligible to apply for parole.
Brandon James Berthiaume, 26, pleaded guilty Monday to a charge of second-degree murder and attempted murder in connection with the shooting death of 25-year-old Brandon Kelly of Reserve Mines on June 25, 2015.
Berthiaume was initially charged with first-degree murder and was scheduled to stand trial in Supreme Court in October.
During a hearing Monday before Supreme Court Justice Robin Gogan, Berthiaume entered guilty pleas and will receive a life sentence. A conviction on first or second-degree murder earns an offender an automatic life sentence.
A sentencing hearing is now set for Aug. 28 and Gogan will decide how much time Berthiaume is to serve before he can begin to apply for parole. In accordance with the provisions of the Criminal Code, an offender must serve a minimum of 10 years before beginning to apply for parole.
While declining to comment on its sentencing recommendation, it is anticipated the Crown will recommend Berthiaume serve a minimum of 15 years.
Prosecutors Christa MacKinnon and Mark Gouthro and defence lawyer Brian Bailey submitted a joint statement of facts as part of the proceedings, Monday.
According to the statement, Berthiaume was passing Kelly’s Reserve Mines residence when he saw Kelly outside in the driveway with Norman MacIntyre.
Berthiaume pulled into Kelly’s driveway and was armed with a shotgun. Kelly had a golf club. Kelly died after being shot multiple times. MacIntyre, the subject of the attempted murder charge, was not injured although he was fired upon.
The statement also notes that Kelly had sent Berthiaume messages via a social media site and Berthiaume believed that Kelly and MacIntyre each presented a threat to him.
MacKinnon declined Monday to offer comment on the specifics of the messages.
Berthiaume and Kelly were known to each other. A former girlfriend of Berthiaume is the mother of Kelly’s son.
After firing multiple shots, Berthiaume fled the scene and turned himself in to Halifax Regional Police the following day. He has been in custody since June 26, 2015.
Meanwhile, the Crown withdrew charges Monday against Berthiaume’s mother, Jennifer Lynn Chisholm.
Chisholm, 46, of Ben Eoin, was charged with being an accessory after the fact to murder in receiving a black, leather biker’s vest from her son knowing he had committed a murder.
Chisholm was to stand trial on the charge in February in Supreme Court.
In withdrawing the charge, Gouthro said the Crown felt there was no reasonable expectation of a successful prosecution.
The guilty plea by Berthiaume and the dismissal of charges against his mother resulted in a scheduled mother/son meeting Monday afternoon at the Cape Breton Correctional Centre.
Since his arrest, Berthiaume has been under court order to have no contact with his mother. Chisholm was also confined to a similar order.
While on remand, Berthiaume was charged three times with assaulting correctional officers. In July, he was sentenced to complete a 115-day sentence after pleading guilty to assaulting a guard with a coffee cup.