‘HOW COULD YOU DO THIS?’
Man handed 6-year sentence in death of teen
A grieving family member interrupted a courtroom apology from a man pleading guilty to manslaughter in connection with the death of a 17-year-old boy.
“How could you do this? We can’t see (the victim) and talk to him any more,” the woman cried out from her courtroom gallery seat on Aug. 30 during the sentencing hearing for Terence Christopher Lewis, 31.
Lewis received a six-year prison term after admitting to his role in the 2017 attack on Ashton Cardinal at a north Edmonton apartment complex. Postmedia could not publish information about the court decision until Sept. 7 when a judge agreed to lift a sweeping publication ban abruptly requested by Crown prosecutor Domina Hussain during sentencing.
Postmedia’s counsel Tess Layton argued against the ban after the Crown sought to keep the entire proceeding secret until the conclusion of trials for two others accused in the case. Those trials are scheduled to wrap up in late 2019. The accused, whose identities are now covered by a partial publication ban, have elected to be tried by jury.
Hussain failed to follow a procedural rule of court and notify media in advance of her intention to seek a publication ban; the hearing for Postmedia to oppose the ban was delayed for a week at her behest.
The prosecutor argued that publishing details of the case could taint jury pools and witnesses for the future trials, but Layton said there are legal precedents for measures that can be enacted without implementing a total ban.
Court of Queen’s Bench Justice Paul Belzil agreed to a ban on specific details of the case, declining to make a more sweeping order.
“We don’t have secret trials in this country,” the judge said Thursday.
Hussain tried once more on Friday at a court hearing to expand the publication ban, but Layton argued she was attempting to reopen arguments that had been settled. Belzil agreed.
“Ms. Hussain, we are not rehashing this this morning,” the judge said Friday, before signing off on an order outlining the contents of the ban drafted by Layton.
Details of the case still covered by the publication ban include the address or name of the building, which is in the general vicinity of an Aug. 27 homicide.
Having served nearly two years in custody prior to sentencing, Lewis will spend a little more than four years in prison.
Lewis also must submit a DNA sample to the national DNA bank and adhere to a 10-year weapons ban upon release.
According to an agreed statement of facts, the 17-year-old Cardinal died after he was attacked by Lewis and others. The current publication ban also prevents revealing the type of weapons used in the attack, as well as any information from the autopsy report.
The teen wanted to be a police officer when he grew up, his grandfather told the court last week.
“He was my grandson, my boy. He was such a young and vibrant boy,” the grandfather said.
Family members of the victim stifled sobs as his grandfather read out a victim impact statement. Afterward, Lewis apologized and said he wished the attack hadn’t happened.
Hussain argued for a sentence of eight to 10 years, noting the teen died unarmed in a group attack in which the adults carried weapons.
Lewis’ defence lawyer, Mona Duckett, asked for a three- to fiveyear sentence, citing mitigating factors that included Lewis’ guilty plea and his relatively short criminal record — including a mischief charge and a breach of recognizance.
A Gladue report on Lewis’ personal history, prepared to assist the court in understanding factors related to his Indigenous background, also was considered.
The report stated Lewis had a tumultuous childhood, and suffered intergenerational trauma, abuse and drug and alcohol addiction. His family situation was “dysfunctional at best.” Belzil called the report “tragic.”
Duckett believed Lewis had expressed genuine remorse over Cardinal’s death.
He is likely to return to live near his home community of Onion Lake First Nation after his sentence is served, Duckett said.