comox valley record, august 03, 2012

1
Erin Haluschak Record Staff As he looked stoically at the judge while listening to the verdict, the Comox Valley teen accused of the second-degree mur- der of James Denton was found guilty Wednesday morning. While the Denton family hugged one another moments after hear- ing Justice R.B.T. Goepel’s ver- dict, a member of the accused’s family yelled, “This is joke” and immediately left the courtroom. Vancouver-based Goepel took about an hour to read his reasons for judgment, in which he exam- ined background facts, witness testimony, the accused’s testi- mony, the aftermath of the inci- dent, the pathology report, and the validity of the self-defence argument. Court heard throughout the trial, which concluded in June, that Denton, a 19-year-old Comox Valley resident, was stabbed twice — once in the left armpit and once in the left lower back — near the entrance to G.P. Vanier Secondary School following the conclusion last July of a day-long music fes- tival at the nearby Comox Valley Exhibition Grounds. The accused, who was 16 at the time of the incident, cannot be named because of the Youth Criminal Justice Act. The accused avoided eye con- tact with members of the packed gallery, and dressed in a white dress shirt and black pants with his feet in shackles, fixed his gaze on the judge during the entire verdict as he sat in the witness box. Goepel chronologically went through the events leading to Denton’s stabbing, and mixed witness statements with the accused’s evidence. The accused took the stand on the final day of trial, and testified he had been drinking in the woods with a friend nearby. His evidence stated he did not remember a conversation with that friend about the consequenc- es of stabbing someone. He also said he felt scared upon meet- ing a group walking along Head- quarters Road, which included Denton, that eventually escalated into a verbal confrontation. “They were definitely a lot big- ger and some were men — defi- nitely not boys,” he said on the stand. He noted Denton was about four feet in front of him when he pulled out his knife and opened it with two hands, and believed Denton was able to see it by his side. Goepel noted he does not accept the evidence from the accused that he does not remember the conversation with his friend in the woods, along with the fact that Denton had the opportunity to see the accused pull out his knife. “The fact that the accused pulled out his knife in view of others is not credible. The knife requires two hands to open. It’s inconceivable that none of the witnesses wouldn’t have seen it,” he said. The judge also discredited the accused’s statement that he was scared. “I do not accept the argument the accused was scared and frightened; it is at odds with his actions,” he added. “The accused was truly the aggressor.” Goepel also said the Crown has proven beyond a reasonable doubt the defence of self-defence does not apply. “The accused has commit- ted culpable homicide when he stabbed Mr. Denton,” he stated, and also dismissed evidence that the accused was anything more than mildly intoxicated at the time of the incident. Goepel noted he considered the cumulative effect of the evidence, and “the accused’s intent to cause bodily harm and death does not raise a reasonable doubt.” Outside the courtroom, James’ father Dave said he was satisfied with the verdict. “It was the right decision; it was the truth. The judge (saw) through his lies, (but) that don’t bring James back. That does nothing for me except for more suffering.” James’ uncle George Denton said the decision helps his family with closure. “That’s justice for James. We got justice. (The accused is) a lying little murderer, and now he’s going to pay for it,” he noted, and added he hopes for the maxi- mum sentence. “(The accused’s family) get to see their son once in a while. We don’t ever get to see James again.” Members of the accused’s fam- ily and defence lawyer Michael Mulligan were not available for comment. Crown prosecutor Gor- don Baines said despite the ver- dict, the case was not easy. “Just remember at the end of the day there really are no win- ners in this case; the Dentons have still lost their son.” He said Crown will seek an adult sentence based on the cir- cumstances of the case and the actions of the accused, and added a youth sentence would not be adequate. Goepel ordered a pre-sentence and psychological report for the sentencing hearing, which is scheduled to begin Nov. 26. [email protected] DL8379 L8379 L8379 BRIAN BRIAN M M c c L LE E A AN N PRE-OWNED VEHICLES PRE-OWNED VEHICLES ALL MAKES ALL MODELS 2145 Cliffe Avenue • Courtenay 250-334-2425 www.brianmclean.ca/used-inventory/ Crew Cab 4x4 Duramax Diesel Captain Chairs Bose Sound M6175A airs s s s s s s s M6249A TRD • 4x4 i-Force 5.7L 1 Local Owner Looks Like New Only 33,000 kms M6087B $ $ 27 27, ,721 721 $ $ 29,880 29,880 $ $ 23,980 23,980 2007 Chevrolet 2007 Chevrolet 2500 2500 HD HD 2009 Toyota Tundra D CAB D CAB 2006 Toyota 2006 Toyota Tacoma SR5 Tacoma SR5 Double Cab 4X4 V6 • Auto Matching Canopy Very Clean Local Trade-In Martin Reader and Josh Binstock added a ton of Canadian grit to the 5,000 tonnes of sand at the Horse Guards Parade men’s beach volleyball venue Wednesday at the 2012 London Olympics. The Canadian team wrapped up preliminary round pool play with a 2-0 (21-18, 24-22) loss to the heavily- favoured Brazilian duo of Pedro Cunha and Ricardo Santos, but battled hard for each and every point. ... Complete story on B6 The High Bar Gang visits Filberg this weekend. B1 Weather A2 Lottery A6 Ferry Schedule A6 Editorial A28 Opinion A29 Arts B1 Sports B6 Classified B15 FINDER FESTIVAL FUN STILL IN RUNNING Your community. Your newspaper. www.comoxvalleyrecord.com $1.25 inc. H.S.T. FRIDAY August 3, 2012 A division of Vol. 27 No. 62 ESTIVAL FUN Your communi ty. Your newspaper. www.comoxvalleyrecord.com 25 inc . H.S.T . COMOX VALLEY RECORD COMOX VALLEY RECORD Teen convicted of second-degree murder CONST. PAUL WEST (left) speaks with Dave and Brenda Denton shortly before the teen accused of killing their son James was found guilty Wednesday of second-degree murder. PHOTOBY ERIN HALUSCHAK

Upload: black-press

Post on 17-Mar-2016

220 views

Category:

Documents


3 download

DESCRIPTION

August 03, 2012 edition of the Comox Valley Record

TRANSCRIPT

Page 1: Comox Valley Record, August 03, 2012

Erin HaluschakRecord Staff

As he looked stoically at the judge while listening to the verdict, the Comox Valley teen accused of the second-degree mur-der of James Denton was found guilty Wednesday morning.

While the Denton family hugged one another moments after hear-ing Justice R.B.T. Goepel’s ver-dict, a member of the accused’s family yelled, “This is joke” and immediately left the courtroom.

Vancouver-based Goepel took about an hour to read his reasons for judgment, in which he exam-ined background facts, witness testimony, the accused’s testi-mony, the aftermath of the inci-dent, the pathology report, and the validity of the self-defence argument.

Court heard throughout the trial, which concluded in June, that Denton, a 19-year-old Comox Valley resident, was stabbed twice — once in the left armpit and once in the left lower back — near the entrance to G.P. Vanier Secondary School following the conclusion last July of a day-long music fes-tival at the nearby Comox Valley Exhibition Grounds.

The accused, who was 16 at the time of the incident, cannot be named because of the Youth Criminal Justice Act.

The accused avoided eye con-tact with members of the packed gallery, and dressed in a white dress shirt and black pants with his feet in shackles, fixed his gaze on the judge during the entire verdict as he sat in the witness box.

Goepel chronologically went through the events leading to Denton’s stabbing, and mixed witness statements with the accused’s evidence.

The accused took the stand on the final day of trial, and testified he had been drinking in the woods with a friend nearby. His evidence stated he did not remember a conversation with that friend about the consequenc-es of stabbing someone. He also said he felt scared upon meet-ing a group walking along Head-quarters Road, which included Denton, that eventually escalated

into a verbal confrontation.“They were definitely a lot big-

ger and some were men — defi-nitely not boys,” he said on the stand.

He noted Denton was about four feet in front of him when he pulled out his knife and opened it with two hands, and believed Denton was able to see it by his side.

Goepel noted he does not accept the evidence from the accused that he does not remember the conversation with his friend in the woods, along with the fact that Denton had the opportunity to see the accused pull out his knife.

“The fact that the accused pulled out his knife in view of others is not credible. The knife requires two hands to open. It’s inconceivable that none of the witnesses wouldn’t have seen it,” he said.

The judge also discredited the accused’s statement that he was scared.

“I do not accept the argument the accused was scared and

frightened; it is at odds with his actions,” he added. “The accused was truly the aggressor.”

Goepel also said the Crown has proven beyond a reasonable doubt the defence of self-defence does not apply.

“The accused has commit-ted culpable homicide when he stabbed Mr. Denton,” he stated, and also dismissed evidence that the accused was anything more than mildly intoxicated at the time of the incident.

Goepel noted he considered the cumulative effect of the evidence, and “the accused’s intent to cause bodily harm and death does not raise a reasonable doubt.”

Outside the courtroom, James’ father Dave said he was satisfied with the verdict.

“It was the right decision; it was the truth. The judge (saw) through his lies, (but) that don’t bring James back. That does nothing for me except for more suffering.”

James’ uncle George Denton said the decision helps his family with closure.

“That’s justice for James. We got justice. (The accused is) a lying little murderer, and now he’s going to pay for it,” he noted, and added he hopes for the maxi-mum sentence.

“(The accused’s family) get to see their son once in a while. We don’t ever get to see James again.”

Members of the accused’s fam-ily and defence lawyer Michael Mulligan were not available for comment. Crown prosecutor Gor-don Baines said despite the ver-dict, the case was not easy.

“Just remember at the end of the day there really are no win-ners in this case; the Dentons have still lost their son.”

He said Crown will seek an adult sentence based on the cir-cumstances of the case and the actions of the accused, and added a youth sentence would not be adequate.

Goepel ordered a pre-sentence and psychological report for the sentencing hearing, which is scheduled to begin Nov. 26.

[email protected]

DL8379L8379L8379

BRIANBRIAN

MMccLLEEAANNPRE-OWNED VEHICLES

PRE-OWNED VEHICLES ALL MAKESALL MODELS

2145 Cliffe Avenue • Courtenay • 250-334-2425 • www.brianmclean.ca/used-inventory/

Crew Cab4x4DuramaxDieselCaptain ChairsBose Sound

M6175A

airssssssss

M6249A

TRD • 4x4i-Force 5.7L1 Local OwnerLooks Like NewOnly 33,000 kms

M6087B

$$2727,,721721

$$29,88029,880

$$23,98023,980

2007 Chevrolet 2007 Chevrolet 25002500 HDHD

2009 ToyotaTundraD CABD CAB

2006 Toyota2006 ToyotaTacoma SR5Tacoma SR5Double Cab 4X4V6 • AutoMatchingCanopyVery CleanLocal Trade-In

Martin Reader and Josh Binstock added a ton of Canadian grit to the 5,000 tonnes of sand at the Horse Guards Parade men’s beach volleyball venue Wednesday at the 2012 London Olympics.

The Canadian team wrapped up preliminary round pool play with a 2-0 (21-18, 24-22) loss to the heavily-favoured Brazilian duo of Pedro Cunha and Ricardo Santos, but battled hard for each and every point.

... Complete story on ■ B6

The High Bar Gang visits Filberg this weekend. ■ B1

■ Weather A2

■ Lottery A6

■ Ferry Schedule A6

■ Editorial A28

■ Opinion A29

■ Arts B1

■ Sports B6

■ Classified B15

FINDER

FESTIVAL FUN

STILL IN RUNNING

Your community. Your newspaper. www.comoxvalleyrecord.com$1.25 inc. H.S.T.

FRIDAY August 3, 2012 A division of Vol. 27 No. 62

ESTIVAL FUN

Your community. Your newspaper. www.comoxvalleyrecord.com25 inc. H.S.T.

COMOX VALLEY RECORDCOMOX VALLEY RECORDTeen convicted of second-degree murder

CONST. PAUL WEST (left) speaks with Dave and Brenda Denton shortly before the teen accused of killing their son James was found guilty Wednesday of second-degree murder. PHOTOBY ERIN HALUSCHAK