Judge to decide 3 years, probation for manslaughter
Dozens of people whose lives were ripped apart three years ago when a 20-year-old woman injected her 17-year-old boyfriend with a lethal dose of morphine filled a pair of courtrooms Friday in Penticton as criminal proceedings in the case drew to a close.
They’ll gather again next Wednesday, when a B.C. Supreme Court judge expects to pass sentence on Kiera Bourque, who pleaded guilty to manslaughter in connection with the death of Devon Blackmore on April 2, 2017.
Justice Gary Weatherill reserved judgement after listening to a day of submissions from Crown and defence, plus gut-wrenching victim impact statements from Blackmore’s parents.
Crown counsel Andrew Vandersluys called for a three-year prison sentence, noting there is no mandatory minimum for manslaughter, which can range from “near accident to near murder.” Vandersluys told the court there’s no indication Bourque, now 24, intended to kill Blackmore, “but her actions, if not willfully blind to potential consequences, were extremely reckless.”
Defence counsel Paul Varga, who recommended a suspended sentence of three years’ probation, argued Bourque took full responsibility for her actions by pleading guilty and co-operating with police.
According to circumstances Vandersluys read into the court record, Blackmore and Bourque had been dating for three months when he became ill during spring break 2017.
Blackmore suspected he had bronchitis and didn’t seek medical attention. He instead went to stay at Bourque’s apartment.
Bourque, who became addicted to morphine after a 2014 rugby injury, told police Blackmore asked her for a dose to ease his pain, despite having had an adverse reaction to morphine earlier in life.
About noon the day of his death, she helped
Blackmore to the washroom, where he collapsed and began having seizures. She called 911 immediately and performed first aid, but Blackmore was pronounced dead at the scene.
A pathologist determined Blackmore died of a morphine overdose, but cited as a contributing factor necrotizing pneumonia in both lungs, “which, without treatment, would likely have been fatal,” said Vandersluys.
Bourque gave two statements to police, each time admitting to administering morphine to Blackmore.
Vandersluys highlighted as mitigating factors Bourque’s guilty plea, age, clean record and steps she’s taken since to kick drugs and improve her mental health.
But he cited as aggravating factors Blackmore’s even younger age, his “vulnerable” condition, and Bourque’s admission she had no way of knowing precisely how much morphine she was giving Blackmore, whom she knew to be inexperienced with hard drugs. Furthermore, Vandersluys said, Bourque didn’t taken full responsibility because she said it was Blackmore’s choice to use morphine.
Blackmore was described by his mother as a kind, gregarious teen, who was a B student in school and an excellent goaltender in hockey.
“There is not a second of any minute of any hour of any day that passes that I am not aware of my son’s absence, no matter how many years have passed,” she said.