The Telegram (St. John's)

Kyle Morgan gets one-year jail term

‘I would have imposed a lengthier sentence,’ judge says

- BY TARA BRADBURY

Of the four men charged in connection with the death of Steven Miller last summer, Kyle Morgan is the youngest and the only one to have never before appeared before a judge. At 21 years old, he had a clean record — until now.

Tuesday morning, Morgan was taken into custody to begin the 12-month jail sentence handed down to him in provincial court by Judge Colin Flynn, a sentence Flynn said would have been stiffer had he not accepted a joint submission from the Crown and defence lawyers.

Morgan, originally charged with first-degree murder, forcible confinemen­t, arson and robbery, pleaded guilty last month to being an accessory to manslaught­er after the fact.

Two of his co-accused — Chesley Lucas, 24, and Calvin Kenny, 27 — pleaded guilty to manslaught­er, arson, forcible confinemen­t and robbery and are due to be sentenced next month. Lawyers in that case have also presented a joint submission, suggesting Lucas and Kenny each get a sevenand-a-half year jail term.

There is a publicatio­n ban on the evidence used to convict all three men, given the case of the fourth accused, 36-year-old Paul Connolly, could still go to a jury trial. Connolly’s preliminar­y inquiry is set to begin next week.

Miller, 25, was assaulted and kidnapped by three masked men with guns who forced their way into his Seal Cove home on July 30, 2016. The intruders then set the house on fire.

Miller’s body was found four hours later in a driveway in the Bayview Heights area of Kelligrews. He had been stabbed multiple times.

In sentencing Morgan, Flynn cited case law from the Supreme Court of Canada. He said although he would have given Morgan a lengthier sentence, he was bound to accept the joint submission since it “while low … would not bring the administra­tion of justice into disrepute, or is otherwise contrary to the public interest.”

“Barring exceptiona­l circumstan­ces, joint submission­s, even if they reflect a lower penalty than normal, must be sanctioned by trial courts in such circumstan­ces,” Flynn said.

With credit given for the time he has already spent in custody, Morgan will spend 270 days — about nine months — in jail, followed by two years of probation, with conditions including that he not have any contact with Miller’s family and that he attend treatment programs as recommende­d.

 ?? TARA BRADBURY/THE TELEGRAM ?? Kyle Morgan looks at his lawyer, Mike King, as he is taken into custody to begin the sentence given to him Tuesday by Judge Colin Flynn. Morgan pleaded guilty to being an accessory after the fact to manslaught­er in connection with the stabbing death of...
TARA BRADBURY/THE TELEGRAM Kyle Morgan looks at his lawyer, Mike King, as he is taken into custody to begin the sentence given to him Tuesday by Judge Colin Flynn. Morgan pleaded guilty to being an accessory after the fact to manslaught­er in connection with the stabbing death of...

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