Cape Breton Post

Convicted murderer granted temporary release

- BY NANCY KING

A North Sydney man convicted of second-degree murder in the death of a mentally challenged man in 2009 has been granted an escorted temporary release from prison so he can set up a bank account.

Herbert John Hawkins, now 41, was convicted of seconddegr­ee murder in 2009 in connection with the stabbing and strangulat­ion of Sheldon (Shelly) Boutilier three years earlier. He received a life sentence with no parole eligibilit­y for 20 years.

The decision granting the escorted release was made by the National Parole Board on Oct. 12 and was sent to the Cape Breton Post on Tuesday.

The three-hour leave “for administra­tive purposes” allowed Hawkins to travel to a nearby community with two correction­al officers while wearing handcuffs, with constant sight and sound supervisio­n recommende­d. The board does not disclose details such as when leaves take place or even where an offender is incarcerat­ed.

“You told the board you are looking at this as an opportunit­y to prove yourself as you progress toward conditiona­l liberty,” the decision states.

The board stated the intention of setting up the bank account was to help pay for the post-secondary education of one of Hawkins’ children.

The decision notes that the board had to determine Hawkins would not present an undue risk to society during his absence, whether his behaviour while incarcerat­ed precludes authorizin­g his release, and whether a structured plan had been prepared for the release.

The board noted there are victim impact statements on file indicating strong opposition to any temporary absences and it considered them in rendering a decision.

Five years ago, Hawkins was granted a temporary escorted release to visit the grave of a family member. That release was initially denied by the parole board but was overturned by its appeal division.

The parole board noted that Hawkins’ criminal behaviour began in his youth and his release history was poor, demonstrat­ed by numerous conviction­s of breaching court-ordered conditions. It also stated that Hawkins’ institutio­nal history is also poor, with multiple charges, incidents and even segregatio­n to avoid conflict with other inmates, although there have been no institutio­nal charges since 2014.

While in prison Hawkins has completed programmin­g related to violence prevention and educationa­l upgrading. A former drug and alcohol abuser, the board said he has learned to deal with his emotions without the use of substances, although he has had relapses. The most recent psychologi­cal assessment indicated Hawkins is a medium risk of reoffendin­g violently.

His potential for reintegrat­ion to society is ranked as medium.

At his sentencing, Hawkins was granted three-and-a-half years credit for the time he spent in pre-trial custody at the maximum security prison in Renous, N.B.

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