Man sentenced to six years for manslaughter conviction

A Windsor man was sentenced to six years in prison Thursday for his part in the September 2018 death of another local man near the city’s downtown.

Lamar Day, 29, was originally charged with first-degree murder and forcible confinement in the killing of a 37-year-old man in an apartment east of Windsor’s core on Sept. 29, 2018. He pleaded guilty to the lesser charge of manslaughter in October 2019.

“He is very remorseful. He has taken this very seriously,” defence lawyer Laura Joy told reporters outside the Superior Court building.

“Mr. Day and I are confident that he won’t be back in criminal court, that is he is going to be continuing his rehabilitation, and that he feels deep remorse to the family.”

Superior Court Justice Bruce Thomas imposed an interim publication ban on details of the case at the time of Day’s guilty plea. Since then, Thomas extended the ban pending the conclusion of court matters concerning co-accused Raheem Washington.

Washington, 26, is charged with first-degree murder and forcible confinement. He remains in custody. A date for his preliminary hearing has yet to be set.

Day will receive 740 days credit for time served in pre-sentence

custody. That leaves him with just under four more years behind bars. He will be eligible for parole after serving one-sixth of his sentence.

The court heard that Day regularly used alcohol, methamphetamine and cocaine. As his drug use escalated, his contact with his mother and three siblings, all living in the area, deteriorated.

“This drug use coincides with the escalation of his criminal record, which includes two convictions for assault and several breaches of court orders,” Thomas said.

“His reaction to supervision has been poor with no real commitment to treatment in a community setting.”

Day was on probation from 2014 to 2018, and was on probation at the time of his most recent arrest.

He was raised by his mother after his father was deported to Jamaica when he was young, the court heard. He also reported experiencing discrimination as a student in Calgary and Winnipeg.

Thomas said he considered the “limited evidence ... regarding the limited role racism has played in the conduct of (Day).” While it “is a mitigating factor, it is of limited significance,” he said.

The defence argued for a sentence of 12 to 15 months after enhanced credit for time served in pre-sentence custody since September 2018. Assistant Crown attorney Eric Costaris argued for a prison term of eight to 10 years, minus time spent in pre-sentence custody.

“There is a relatively broad range of acceptable sentences, however, ordinarily a lengthy sentence is imposed to reflect society’s concern for the sanctity of life,” Thomas said.

Joy told reporters she was happy with the sentence.

“It is a tragedy. It’s a senseless death,” she said. “We can’t go back, we can only go forward. This is a gentleman that is going to continue to try to be a law-abiding and productive citizen as he goes further on in life.”

Day must submit a DNA sample and is prohibited from owning weapons for life.