Guilty plea in Liberty Village stabbing death
Shawn Poirier must serve only one more day in custody
A New Brunswick man entered a guilty plea Thursday to the reduced charge of manslaughter after a jury was unable to reach a verdict following a three-week second-degree murder trial.
At his trial, Shawn Poirier admitted he repeatedly stabbed Mike Pimentel, causing his death, in a street fight in Liberty Village six years ago on New Year’s Eve.
But Poirier, 32, testified he was acting in self-defence because he believed Pimentel, 24, who was the aggressor, was going to kill him.
By pleading guilty to manslaughter, Poirier is acknowledging that his actions that evening were “excessive and not reasonable,” Superior Court Justice John McMahon told the court Thursday.
The judge agreed with the Crown and defence that Poirier is entitled to a “significant reduction” in his sentence because of unique circumstances.
While in pretrial custody, Poirier has been attacked and stabbed twice, the second time eight times, leading to his hospitalization.
After that, for his own protection, he was housed in segregation for more than 15 months. Altogether, Poirier has served two years, two months and five days in pretrial custody.
With enhanced credit, McMahon sentenced Poirier to four years, four months, and 10 days in a federal penitentiary.
Poirier must serve only one more day in custody.
“This is an exceptional case, with exceptional facts where the accused must be given enhanced credit for the pretrial conditions that he lived under and the attempts . . . made upon his life while incarcerated,” McMahon said.
Poirier has a lengthy criminal record, mostly for property offences.
Prosecutor David Boulet read fami- ly victim impact statements, describing the trauma and sadness family members have experienced in the wake of Pimentel’s death.
During the hearing, Poirier turned around in the witness box to address them directly in the body of the court.
“There’s not one day that goes by that I don’t think about this and relive that night,” he said. “I hope one day you can find it in your heart to forgive me.”
Poirier and Pimentel did not know each other.
Both were out drinking and partying with friends separately on New Year’s Eve, Dec. 31, 2011.
After midnight, their paths crossed in Liberty Village when Poirier’s girlfriend, Sascha Harten, stopped at the side of the road to urinate, while Poi- rier stood guard.
Pimentel, walking on the other side of the road, took offence and started yelling at the couple. He crossed the street and challenged Poirier to a fight.
While Poirier walked away, Pimentel threw Harten to the ground, then grabbed Poirier, pulling his coat over his head and punching him.
Poirier pulled out his knife, and began stabbing Pimentel as he tried to get away. Undeterred, Pimentel continued to goad him into fighting, with taunts of “come on, tough guy.”
Pimentel grabbed Poirier by the coat and swung him around, while Poirier used the knife to strike him repeatedly.
Pimentel died the next day of multiple stab wounds, the majority to his left torso.