Jason Van Winkle will spend the next three years behind bars in the wake of an unprovoked drug- and booze-fuelled assault that left a man dead in a Rock Bay motel in March 2011.
Van Winkle, 37, pleaded guilty to manslaughter in the death of Gilles Alain Thibodeau, 41, in July. Today in B.C. Supreme Court, Justice Laura Gerow sentenced the View Royal man to three and a half years years, minus credit for six and a half months for time in custody.
Van Winkle, who has a criminal history spanning 22 years, featuring 50 convictions for drug offenses, three assaults and a robbery, apologized to the victimB次元官网网址檚 family and his family. His mother was in the courtroom.
B次元官网网址淚B次元官网网址檒l live with this for the rest of my life. I just want to apologize and say IB次元官网网址檓 sorry,B次元官网网址� Van Winkle told the court this morning.
The victim's elderly parents, who live in eastern Canada, did not attend court. Thibodeau's sister sent a letter describing her brother as smart and witty, but who struggled with addictions. "He was loved by his family and it's a loss that will be felt forever," Gerow said, reading the letter.
The sentence is in line with a joint recommendation of Crown counsel and Van Winkle's defense lawyer Tom Morino. Gerow noted that Van Winkle has a lengthy criminal record and unprovoked, he attacked and beat a much smaller man, but she also took into account that he has shown remorse and co-operated with investigators.
Crown prosecutor Dale Marshall described the events leading to 罢丑颈产辞诲别补耻B次元官网网址檚 death, and the pathologistB次元官网网址檚 report on the cause of death, in an agreed statement of facts.
On March 15, 2011, Van Winkle hired Thibodeau and three other men for a job moving a family from Duncan to Victoria using a truck owned by Van Winkle.
On the second of three trips to finish the job, Thibodeau and two of the men drove to Duncan, but en route B次元官网网址渂ecame sidetrackedB次元官网网址� and started drinking alcohol. They eventually ran out of gas, abandoned the truck on the side of the road and ran off. Police called Van Winkle, who was forced to drive to Duncan, fetch the truck and finish the moving job.
The night of March 15, three of the men, Van Winkle and his girlfriend partied in suite 121 of the former TravellerB次元官网网址檚 Inn at 2828 Rock Bay Ave., consuming large amounts of alcohol and crack cocaine. Van Winkle consumed heroin, crack and alcohol, the court heard.
In the early morning of March 16, Marshall said Van Winkle started becoming obsessed with a supposed missing key for his motherB次元官网网址檚 house, and accused Thibodeau of stealing it.
Van Winkle, a large, stocky man, suddenly attacked Thibodeau, a slight, 147-pound man, easily kicking him to the floor and then kneeling on his chest.
B次元官网网址淗e was on Mr. 罢丑颈产辞诲别补耻B次元官网网址檚 chest hitting Mr. Thibodeau in the face with a closed fist repeatedly, six or seven times ... saying B次元官网网址榃hereB次元官网网址檚 my key? WhereB次元官网网址檚 my key?B次元官网网址橞次元官网网址� Marshall said. B次元官网网址淣obody expected it. If anything, Mr. Thibodeau was moving away from Mr. Van Winkle.B次元官网网址�
In the moments before police arrived, Van Winkle realized Thibodeau was unresponsive and performed CPR on his victim. Victoria police officers arrived at the room around 2:50 a.m. and saw Thibodeau on the floor, eyes and mouth open, face blue and pale and not breathing.
Officers began CPR, and paramedics continued compressions en route to Victoria General Hospital and managed to induce a faint pulse. Thibodeau suffered a significant brain injury from a lack of oxygen. He was taken off life support on March 22, 2011, and died soon after.
At the Traveller's Inn, police arrested Van Winkle on suspicion of manslaughter B次元官网网址� which over the next days and months veered to aggravated assault, second degree murder and finally back to manslaughter. Marshall described the incident as a prolonged assault on a defenseless man of considerable size difference.
B次元官网网址�(Van Winkle) was overheard by police saying over and over again, B次元官网网址楶lease donB次元官网网址檛 let him die. Please donB次元官网网址檛 let him die. Please donB次元官网网址檛 let him die,B次元官网网址橞次元官网网址� Marshall said.
Marshall said the pathologist report revealed Thibodeau died of a lack of oxygen to the brain due to a heart attack, which resulted from a combination of acute intoxication from crack cocaine and having Van WinkleB次元官网网址檚 full weight on his chest. He had several broken ribs.
The punches to 罢丑颈产辞诲别补耻B次元官网网址檚 head werenB次元官网网址檛 deemed a contributing factor in his death.
Morino pointed out that the pathologistB次元官网网址檚 report said it is difficult to know the degree to which the physical altercation contributed to 罢丑颈产辞诲别补耻B次元官网网址檚 death.
B次元官网网址淢r. Van Winkle pleaded guilty out of a sense of remorse. This is a significant mitigating factor,B次元官网网址� Morino told the court.
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