Andrew Jonathon Belcourt is a changed man who is sincere and motivated about rehabilitation and has a strong desire to live a positive life, the defence said Thursday at a sentencing hearing for the murder case.
On Feb. 24, a jury found Belcourt guilty of the second-degree murder of Leslie Hankel, a 52-year-old paranoid schizophrenic who lived alone in an apartment at 1260 Pembroke St.
It was the second conviction for Belcourt. In November 2012, a jury found him guilty of the second-degree murder of Hankel. Belcourt appealed his conviction and in March 2015, the Court of Appeal ordered a new trial.
Belcourt has been sentenced to life in prison. The issue for Justice Keith Bracken is how long until Belcourt is eligible for parole.
On Thursday, Belcourt stood and apologized to the court and to Hankel’s family in a strong, clear voice.
“Just because I don’t have tears running down my face today doesn’t mean I’m not fully remorseful for my actions. I deeply regret the choices I made that night and it’s something I will have to live with for the rest of my life,” said Belcourt, a stocky man with short brown hair and black wired-rimmed glasses.
“The last seven years have not been easy. I think about it most nights. I have trouble sleeping. I made a mistake. … From the deepest parts of my soul, from the goodness left in me, I’m going to try to move forward in life like I have been and fully participate in my correctional plan. And I will enter society again a changed man. I believe I can be a contributing member of society.”
The apology didn’t persuade Hankel’s sisters, Mary Beech and Kathy Rogers, who were in court throughout the two-day hearing.
“I don’t believe it. I fear for the next family,” said Beech. “I’d like to see him prove it, because I don’t want to see anyone else to go through this,” said Rogers, her voice shaking.
The Crown has asked Bracken to impose a period of parole ineligibility of 17 years — the same period imposed after the first trial.
On Thursday, defence lawyer Tim Russell told Bracken he should consider parole ineligibility of 12 years.
A new trial heard evidence from a 27-year-old Belcourt, not a 22-year-old Belcourt, Russell said.
“This is a retrial because things went wrong and I would have argued that the sentencing went wrong,” Russell said.
The murder took place during a planned home-invasion robbery in the early morning of March 3, 2010.
Just after midnight, Belcourt and co-accused Samuel McGrath, dressed in dark clothing and carrying a loaded shotgun, kicked in the door of Hankel’s apartment in the belief there was a large quantity of marijuana in the home. They assaulted the terrified man and ransacked his apartment. The shotgun discharged twice. Hankel was shot in the face and died almost instantly.
Although the home-invasion robbery was planned, the murder wasn’t, Russell said.
“The gunshot was very likely accidental and even in the worst-case scenario — that Mr. Belcourt killed Mr. Hankel to prevent being identified — that decision was made in the moment when the mask falls off, and one can imagine it’s a moment of panic.”
The young man who killed Hankel was entrenched in gangs, glorified crime and surrounded by negative influences, said Russell, but Belcourt is now clean, sober and committed to change.
Although the Crown discouraged the judge from giving much weight to Belcourt’s Aboriginal heritage, that flies against common sense, said the defence lawyer. Belcourt has identified as Métis and takes part in sweat lodges, healing circles and connecting with elders. He takes Aboriginal programming in prison.
Belcourt is married to a woman who is studying nursing at Camosun College. He is father to a daughter who was conceived before he was incarcerated and whom he has never met, Russell said.
Belcourt denies having any involvement in a drone drop of contraband at medium-security Mission Institution that resulted in his transfer to maximum-security Kent Institution, Russell said.
Although Belcourt has been on medication for attention deficit hyperactivity disorder since he has been in prison, he has not abused his medication or tried to sell it, Russell said. He has never failed a urinalysis test and has not been in any fights.
