18-year-old won't serve adult sentence in 2022 death of Winnipeg father

A now 18-year-old man who pleaded guilty to manslaughter in the death of a 35-year-old father of two in a 2022 group assault will not serve an adult sentence, a Manitoba judge has ruled.

The teen, who was 16 at the time of the incident, will serve one year in secure custody, followed by two years of conditional supervision.

The Crown argued he should be sentenced as an adult, while his defence asked for an intensive rehabilitative custody and supervision order sentence — a type of rehabilitation plan that tries to lessen the chance of reoffending by a youth with mental health needs convicted of a violent offence.

In her Jan. 20 ruling, Manitoba provincial court Judge Mary Kate Harvie said she was "satisfied that [the youth's] role in this offence, [and] his personal circumstances, including his cognitive challenges and his Gladue factors, act to reduce his moral culpability," and sentenced him as a youth.

The maximum adult sentence for manslaughter is life in prison, while the maximum sentence for a youth is three years.

The teen entered a guilty plea in the death of Lionel Sherwin Colombe, 35, who was found dead underneath a cargo truck in Winnipeg's Elmwood neighbourhood in October 2022. 

His family described him as a loving, caring, and hardworking individual.

"The impact of this heinous crime extends beyond the confines of personal loss," Colombe's mother said in a victim impact statement, quoted in Harvie's ruling. "It is a stark reminder of the fragility of life and the devastating consequences of violence." 

An agreed statement of facts presented to the court said on the night of the assault, the teen had been at a house party, where he consumed alcohol and marijuana. Three men — all between the ages of 22 and 25 at the time — also accused in Colombe's death were also at the party.

Around 4 a.m., for reasons the decision does not clarify, the teen and the three co-accused chased Colombe down outside the house party and knocked him to the ground. The group then began punching him, and the teen kicked him in the thigh area twice.

During the assault, Desmond Houle, who was 25 at the time, pulled a knife and stabbed Colombe multiple times, Harvie's decision said. The teen recorded a 12-second video of the stabbing using his cellphone, which he later claimed he did to prove he was not involved.

Houle and the teen, believing Colombe was dead, dragged his body from the grass to underneath the truck before going home.

The autopsy report determined he died after suffering injuries that included 10 stab wounds, the court decision said. 

Houle was convicted last year of second-degree murder in Colombe's death, and was sentenced to life in prison with no chance of parole for 12 years.

A trial is slated to begin in February for the other two men accused.

Exhibited behaviour of immature adolescent: judge

Under the Youth Criminal Justice Act, youth are considered to have "diminished moral blameworthiness" compared to adults, and a court can only impose an adult sentence if prosecutors establish that a youth sentence wouldn't appropriately hold an offender accountable.

In her decision, Harvie said that considering all the elements of the case, an adult sentence was not appropriate.

The Crown argued the teen's decisions at the time, including associating with older people, consuming alcohol and "essentially being responsible for his own behaviour" while living at his brother's home, reflected a level of adult behaviour. 

But Harvie said what the Crown described as "street-smart" behaviour was more consistent with a young person "suffering from another cycle of intergenerational trauma and addiction."

As part of the court proceeding, the teen was the subject of forensic assessments and a Gladue pre-sentence report, which outlined his troubling family history, including domestic violence, drug and alcohol abuse, repeated apprehensions by Child and Family Services, and sexual abuse in foster care. 

He was completely reliant on others for support, and the fact he was not properly supervised doesn't suggest he behaved like an adult, "largely because it is not accompanied by other factors … such as evidence of mature thinking and independence," Harvie wrote.

"I agree with the defence counsel that [the youth] was exhibiting behaviour more consistent with an immature adolescent [than] someone who was displaying adult-like behaviour."

The teen's involvement in the assault also suggested he was a follower rather than an instigator, Harvie said.

As well, reports that included a psychological assessment "identify several significant and severe cognitive deficits which clearly support a finding that [the youth] was not functioning as an adult," Harvie said. 

She said the intensive rehabilitative custody and supervision order sentence will allow the youth to remain in a facility where he has "demonstrated overall positive behaviour" and completed Manitoba Corrections and substance abuse programs.