Man gets four years for violent assault

Flailing, drug-addled friend died after beating

A Nanaimo man who violently assaulted his drug-agitated friend rather than call for medical help will spend another two years in jail, followed by three years of probation.

On May 30, Colin Lamontagne, pleaded guilty to manslaughter in the April 2015 death of Shaun Alexander McGregor.

In an agreed statement of facts, Lamontagne admitted that the beating he gave McGregor contributed significantly to his death in a Begbie Street apartment on April 9, 2015.

B.C. Supreme Court heard that Lamontagne did not seek help for McGregor, who was having a loud and violent reaction to drugs. Instead, in an effort to quiet him, Lamontagne put duct tape around his ankles, struck his head several times, then put him in a neck hold to restrain him.

“You committed a violent assault on your friend Shaun McGregor. While it was not the principal cause of his death, it was an unlawful act which contributed in a significant way to his death,” Justice Geoffrey Gaul said.

“In my view, the Crown is right to characterize your actions as selfish, reckless and objectively dangerous. Mr. McGregor needed medical attention after a violent incident involving you. You did not take any steps to get him help. Instead, without any real consideration for … his welfare and the consequences of your actions, you fled the scene.”

Gaul sentenced Lamontagne to four years and 10 months in jail. Lamontagne received credit of two years and 10 months for the time he has spent in pretrial custody. This means he will remain in the provincial correctional system.

During court proceedings, Gaul watched Lamontagne’s statements to police and said he was struck by Lamontagne’s despondency and remorse when he finally explained what had happened. “His emotions, expressed by his sobs and cries, were genuine.”

McGregor, 34, was released from prison the week before he died. He visited his family for a few days, then came to Victoria on April 7, 2015.

Lamontagne and McGregor were friendly, despite being interested in the same woman, Chelsea Burns.

At the time, Lamontagne was living with Patrick Hunter, whose father owned the Begbie Street apartment. Lamontagne came to Victoria to avoid being picked up on an outstanding warrant for his arrest. He was trying to avoid police.

Some time before 5 p.m. on April 9, McGregor took an unknown quantity of drugs, possibly including GHB, which was being produced and stored at the apartment.

He began wailing, thrashing, kicking and knocking things over and breaking them. Lamontagne was worried the neighbours would call police.

Lamontagne couldn’t convince McGregor to stop thrashing and wailing. He tried to hold McGregor down, but couldn’t.

He tried a bear hug and other wrestling style holds to control McGregor.

He tried to restrain him by putting duct tape around his ankles. Nothing worked.

Lamontagne then struck McGregor’s head several times with enough force to knock him out, but McGregor continued to flail.

Then, Lamontagne held him in a neck hold to restrain him.

“McGregor was flipping violently like a fish to resist the neck hold. Mr. McGregor eventually stopped flailing. These events took place over a number of minutes and at various points, Ms. Burns attempted to calm McGregor down to gently restrain him to no avail,” says the agreed statement of facts.

It was quite possible that McGregor injured himself during his flailing while in the neck hold, it says.

Hunter and Lamontagne left the suite about 6:50 p.m., leaving Burns to care for McGregor.

Before he left, Hunter saw McGregor unconscious, but snoring in Lamontagne’s bedroom. Neither man believed him to be in medical peril.

Hunter dropped Lamontagne off at a friend’s home. When he got back to the apartment, Burns was distraught. Hunter called 911 when he realized McGregor had stopped breathing.

A post-mortem analysis of McGregor’s blood showed heroin, marijuana and methamphetamine. An autopsy found McGregor died from multiple injuries including hemorrhaging on the brain causing fatal brain swelling, cranial-cervical dislocation and/or asphyxia caused by neck compression.

Court heard that Lamontagne, now 42, was born in Duncan. His father was involved in the drug trade. When Lamontagne was six, his father was kidnapped and murdered.

He graduated from Grade 12 and worked in the construction industry. From 2006 to 2010, he worked in private security. Following that he was part of a social scene that regularly used drugs.

During the sentencing hearing, McGregor’s mother and sister read victim impact statements aloud.

They described a son and brother who had his struggles in life, but loved his family and friends. They described their loss and the pain his death has caused them.

Crown prosecutor Patrick Weir asked for sentence of five to six years.

Defence lawyer Rory Morahan asked for 18 months, followed by two years’ probation.

He stressed Lamontagne had no intention of harming his friend and has done well with his rehabilitation.

Gaul noted that Lamontagne has made positive changes at Vancouver Island Regional Correctional Centre.

He has completed a substance abuse course, regularly attends yoga, Bible study, healing circles and aboriginal awareness group sessions.