Cape Breton Post

Mother of victim denounces plea deal

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The mother of a murder victim is taking no comfort from a plea deal reached with the man who shot and killed her 25-year-old son.

“He took my son’s life. He planned it. He fired six shots and made sure he was dead before he left,” said Sherry Cable, whose son Brandon Kelly died from multiple gunshot wounds June 25, 2015.

During a Supreme Court hearing Monday, Brandon James Berthiaume, 26, pleaded guilty to second-degree murder in connection with Kelly’s death on June 25, 2015. He also pleaded guilty to attempted murder in firing shots at a man with Kelly at the time.

Berthiaume was initially charged with first-degree murder but entered a guilty plea on the included offence of seconddegr­ee.

His mother, Jennifer Lynn Chisholm, 46, was also charged with being an accessory after the fact in connection with Kelly’s death. The charge against her was dismissed Monday.

“He’ll be able to walk free one day and have a family. I never got to say goodbye to my son,” said Cable, in speaking to reporters outside the courtroom Monday.

While Cable said she does not support the plea deal, she was particular­ly incensed by Berthiaume’s behavior in court.

As he was being led out of the courtroom by sheriff deputies, Berthiaume was seen winking and smirking at Cable as he passed.

“His plea is a joke. The charge should have remained first-degree,” said Cable, adding she only found out late last week the Crown was also dismissing the charge against Berthiaume’s mother.

“They are letting her walk away with nothing,” said Cable, as she stood in the hallway trembling with emotion and clutching a picture of her son.

Outside the courtroom, Cable confronted prosecutor­s Christa MacKinnon and Mark Gouthro about her concerns.

Hours prior to the shooting, Kelly received his diploma in welding and was looking forward to starting a new life with his son, now three years old.

“He didn’t deserve to lose his life,” said Cable, adding she continues to suffer nightmares as a result of her son’s death.

Kelly was shot multiple times in the driveway of his Reserve Mines home.

Prosecutor Christa MacKinnon told reporters that murder cases are difficult and complex cases but after careful review of all the evidence, it was determined that second-degree was the more appropriat­e charge.

“After careful review, it was decided there was no realistic prospect of conviction on first-degree,” said MacKinnon.

All sides in the case now return to court Aug. 28 for a sentencing hearing. There could be as many as five victim impact statements presented to the court.

It will be up to Supreme Court Justice Robin Gogan to decide how much time Berthiaume must serve before he’s eligible to apply for parole. He must serve a minimum of 10 years.

 ?? CAPE BRETON POST PHOTO ?? Sherry Cable stood trembling with emotion and clutching a picture of her murdered son, Brandon Kelly, Monday after a Supreme Court hearing, alongside an unidentifi­ed man. Cable is not in support of a plea deal reached with offender Brandon James...
CAPE BRETON POST PHOTO Sherry Cable stood trembling with emotion and clutching a picture of her murdered son, Brandon Kelly, Monday after a Supreme Court hearing, alongside an unidentifi­ed man. Cable is not in support of a plea deal reached with offender Brandon James...

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