Man spared penitentiary for manslaughter conviction

A Hamilton man has been given a six-and-a-half-year sentence for tripping his victim and causing him to hit his head on the pavement during a robbery, resulting in his death.

Gordon Eugene O’Hara, 36, was sentenced on Monday after earlier pleading guilty to manslaughter in the 2015 death of William McConville, 40, who went by the name of Shawn.

Ontario Superior Court Justice Andrew Goodman, accounting for the time spent in pretrial custody, said O’Hara has two years less a day remaining on his sentence, which allows him to serve his time in a provincial correctional facility rather than a federal penitentiary.

Court was told that O’Hara has been in segregation and feared for his life if sent to prison because his victim’s brother is also serving time in a penitentiary.

According to the agreed statement of facts, O’Hara arranged for him and his brother, Joshua, to meet McConville outside the victim’s apartment near Victoria Avenue South and Stinson Street on May 12, 2015, to buy marijuana, but when they met, the three got into a fight.

O’Hara ripped a gold chain from McConville’s neck and pulled out what appeared to be a handgun before threatening him. The brothers ran off, but when McConville followed, O’Hara kicked his feet out from under him. McConville fell backwards, striking his head on the pavement “with a loud thud.”

McConville was rushed to hospital but never regained consciousness. He was taken off life support two days later.

Before sentencing, McConville’s cousin, Sandra Prohaska, told the court of the special childhood bond he had with his cousins, and said their lives and that of his son, Ethan, have been shattered by O’Hara’s actions.

She said McConville and Ethan, now 10, were each other’s best friend, and that her heart “cracked” when she realized McConville would not recover.

“I remember his son going to his bedside one final time before they removed Shawn from life support. It was then that my heart broke. I remember the pain in little Ethan’s eyes.”

O’Hara, asked if he had anything to say, appeared to be in tears and repeated how sorry he was, saying he did not intend to cause McConville’s death. He said he has bipolar disorder and now suffers from post-traumatic stress because of McConville’s death.

Court was also told that O’Hara has a long and violent criminal record, but also that he suffers from depression and anxiety. He and his brother were abused by their crack-addicted mother, he has a Grade 7 education, and he began drinking alcohol at 13 and taking drugs at 15, court heard.

Outside court, Doris McConville, the victim’s aunt, said she felt O’Hara should have received “a lot more time.”

“Ethan is still without a father,” she said.

O’Hara’s brother, Joshua, pleaded guilty to robbery and was sentenced last June to time served after spending just over three years in pretrial custody.