Life term for killing man a with rock
Murdered wheelchair-bound man in 2009, gets no parole eligibility for 12 years
A Vancouver man who used a rock to murder a wheelchair-bound man has been sentenced to life in prison with no parole eligibility for 12 years.
In December 2017, B.C. Supreme Court Justice Miriam Gropper found Aaron Dale Power, 42, guilty of the 2009 second-degree murder of Michael Nestoruk, 42.
The trial heard that at age 15 Nestoruk had fallen off a school roof and suffered injuries requiring multiple surgeries, eventually having his left leg amputated above the knee. Due to the pain he endured from the accident, he became addicted to prescription painkillers and at the time of his death was living on the streets of Vancouver and panhandling.
On the night of the murder, Nestoruk, who was known as “Wheels” by some, had met up with a friend and was subsequently introduced to several other men, including Power.
The men spent some time at a motel room doing drugs and later on Power confronted Nestoruk at nearby Sir Guy Carleton Elementary School at Joyce and Kingsway, the same school where Nestoruk had fallen off the roof as a teen.
Power struck Nestoruk twice on the head with a rock and then dragged the body into the nearby bushes in an attempt at concealment before fleeing the scene.
A parent dropping her child off at the school had noticed a shoe on the ground next to some bushes, a pair of jeans draped across the bushes and a leg sticking out of the bushes. Police were called to the scene.
Later in the day Power and others attended the school grounds, with Power telling police that he was there to pay respects to the victim.
A reward was offered for information about the killing, but nothing came of it. But an undercover police operation that was launched in 2014 resulted in Power confessing to the murder.
Court heard that Power had 56 prior convictions, including crimes of violence. Many of his offences were committed to fuel his drug addiction. He was not married but has three children from prior relationships.
Nestoruk’s former wife and two daughters gave victim impact statements outlining the devastating effect of the murder on them.
Second-degree murder carries a mandatory life sentence in prison with no parole eligibility of between 10 and 25 years.
In her sentencing submissions in August, Crown counsel Nicole Gregoire asked for a 12-year period of parole ineligibility. On Tuesday, defence counsel Kevin Westell said he didn’t think the Crown’s position was unreasonable, but asked the court to consider 11 years.
In imposing sentence on Power, the judge noted that Nestoruk was a “vulnerable” person who was confined to a wheelchair and was addicted to drugs.
“Mr. Power’s moral responsibility was at the high end,” the judge said. “Mr. Power apparently had no qualms about having murdered Mr. Nestoruk. These factors are particularly aggravating.”
The judge said that denunciation and deterrence were the primary sentencing principles and added that an increase in the parole ineligibility period beyond the minimum of 10 years was required.
“Due to the overwhelming aggravating factors, I find that a 12-year period of parole ineligibility is a proper and fit sentence,” the judge said.