Man gets life for killing victim discovered in torched motel
21-year-old was targeted in three-on-one `gang attack': Crown
One of two men convicted of murdering a victim whose body was found in the charred remains of an Alberta motel will have to wait until 2032 before applying for parole.
On Friday, Court of King's Bench Justice Wayne Renke sentenced Riley Maygard- Olynyk, 27, to life in prison with no chance of parole for 121/2 years for the second-degree murder of Joseph Desjarlais.
Desjarlais, 21, was attacked in his apartment at Manny's Motel in Wetaskiwin by Maygard- Olynyk, Levi Favel and Brittany Omeasoo in early 2020. Court heard he was bound, then choked or strangled.
Favel then lit a fire which engulfed the building. Desjarlais's remains were discovered in the frozen ruins Jan. 21, 2020, a full week after the fire.
Maygard- Olynyk is the second person to be sentenced in Desjarlais's killing. Brittany Omeasoo, who was convicted of manslaughter, was handed six years in prison, which ultimately saw her released on time served due to her long stint in pretrial custody.
At the time of the killing, Maygard- Olynyk and his girlfriend were staying with Desjarlais at Manny's, the local name for the low-income apartment complex.
Maygard- Olynyk claimed he was part of Favel's “crew.” He inflated Favel's importance, describing him as an “untouchable” crime figure who “owned” Wetaskiwin.
In reality, Maygard- Olynyk and Favel were on the cusp of homelessness, crashing on couches, selling small amounts of drugs and using the rest.
The assault happened Jan. 14, 2020, when Favel claimed Desjarlais stole his cellphone, some cash and pills. What exactly happened remains unclear, but each of the three accused insisted they acted only because they feared what Favel or Maygard- Olynyk would do if they refused.
Medical examiners were ultimately unable to determine Desjarlais's exact cause of death given the fire damage to the body. They narrowed it down to either ligature strangulation or choking on a sock shoved in his mouth.
` HE WAS TRYING TO BE NICE'
Second-degree murder carries an automatic life sentence, with parole eligibility set at 10 to 25 years. Crown prosecutor Jeff Rudiak and defence lawyer Greg Lazin agreed to a joint submission of 121/2 years before Maygard- Olynyk can apply for parole.
Rudiak said Maygard- Olynyk deserves more than the minimum eligibility period because he participated in a three-against-one “gang attack” against a vulnerable person who had invited him into his home.
“He was trying to be nice to these people, and this is what he ended up getting,” the prosecutor said.
Maygard- Olynyk later “bragged” about what he had done, Rudiak added.
Both the Crown and Lazin agreed on several mitigating factors, including Maygard- Olynyk's relative youth at the time of the killing. While Maygard- Olynyk's attempt to claim he acted under duress failed at trial, Rudiak acknowledged he was likely “a little bit fearful of Mr. Favel.”
Lazin noted his client continues to have the support of his family and has taken at least one self-improvement course while in remand.
Maygard- Olynyk was in pretrial custody and sat in the prisoner's box during Friday's hearing. He was arrested June 6, 2020 — the date from which the 121/2 years will be calculated.
Renke ultimately accepted the joint submission, which he is required to do unless he believes the sentence is not in the public interest or harmful to the administration of justice.
The judge earlier concluded that Maygard- Olynyk was not responsible for the arson, “which would have been a much more serious aggravating factor.”
Renke agreed to recommend Maygard- Olynyk not serve time in the same prison as Favel, whose sentencing is set for April 11.
While Maygard- Olynyk is allowed to apply for parole in 2032, there is no guarantee it will be granted, and he will remain under supervision for the rest of his life.