The stabbing death of Joseph Gauthier was an impulsive act influenced by alcohol and drug consumption, the defence said Wednesday at Daniel Creagh’s sentencing hearing for manslaughter in B.C. Supreme Court.
“This was not a cold, callous killing,” said defence lawyer Jordan Watt, noting Creagh grabbed the knife only after he was assaulted. “Mr. Creagh did not intend to kill Mr. Gauthier. His moral blameworthiness does not fall at the level the Crown believes.”
Creagh, a large man with a dark Mohawk and beard, stood and addressed the court, saying he knows his actions have caused an immeasurable amount of pain.
“I am very sorry. I cannot imagine the pain you are going through and I regret my actions every day,” said Creagh, as Gauthier’s mother began to sob, rocking back and forth in her seat.
Watt called the situation tragic, saying two families have lost a son, brother and father — one forever, the other to a significant period of incarceration.
Gauthier, a 35-year-old father of four, died in the early morning of March 10, 2018, outside a friend’s house in the middle of Hillside Avenue after Creagh stabbed him through the heart, then kicked him in the head after he fell to the ground.
Creagh was originally charged with second-degree murder but pleaded guilty to manslaughter. The Crown is seeking an eight-year sentence. Watt called that excessive and is seeking a 4 1Ú2-year sentence.
In his submissions, Watt pointed to Gauthier’s prior conviction for assault, saying he felt the victim-impact statements read into the court record during the Crown’s submissions had painted a distorted picture of Creagh and Gauthier.
“Mr. Gauthier is someone who was no stranger to the criminal justice system,” he told Justice Jennifer Power.
However, Power said that even Gauthier’s mother, Darlene Hogue, had said he was no angel.
An admission of facts read into the court record at the start of the sentencing hearing revealed that both Creagh and Gauthier were at a friend’s house and had consumed alcohol and cocaine the night Gauthier died.
After Gauthier’s friend, Tyrone, told him that Creagh said he had challenged Gauthier to a fight and Gauthier had “bitched out,” Gauthier confronted Creagh, then punched him in the face several times, causing Creagh to fall to the ground. Gauthier was on top of him, but people intervened and pulled him off.
Gauthier then confronted Tyrone, an episode captured on cellphone video that was played for the court, and the two ended up going outside to fight. Creagh grabbed a knife from a kitchen drawer before he joined them.
Outside, Gauthier punched Tyrone in the face and he fell to the ground. Then he walked up to Creagh and said: “Yo, like if you didn’t say it, just walk away, bro. It’s all good. Just walk away.”
The two men moved to the centre lane of Hillside Avenue. Creagh had the knife in his right hand. They were standing several feet apart and facing each other. Gauthier was unarmed.
Creagh advanced toward Gauthier, who slowly backed up. Creagh made three or four striking motions and stabbed Gauthier in his left shoulder and his left chest. Gauthier fell to the ground, unconscious. Creagh kicked him in the head.
The defence lawyer asked Power to consider Creagh’s personal circumstances. Creagh was neglected and exposed to substance abuse and severe violence growing up in Port Alberni, said Watt. He saw his alcoholic father strangling his mother, breaking her nose and throwing her down the stairs. The marriage broke up and Creagh lived with his father, who was emotionally and physically abusive.
Creagh started to consume drugs and alcohol at an early age. He has vivid memories of his father pawning his possessions to pay for alcohol, said Watt. At the age of 10, he moved to a more stable environment with his mother.
Still, when his father died of cirrhosis, it was a devastating loss for the 15-year-old Creagh, said Watt.
In 2014, Creagh suffered another loss when his infant son was stillborn. Then in October 2016, a daughter was born but she was removed immediately by child protection services.
Creagh’s daughter has become a catalyst for him making positive steps for change, said Watt.
“Mr. Creagh acknowledges that he has issues with impulse control, issues with making the right decision, that he struggles with anger management and has problems when he consumes alcohol. He didn’t want his daughter to grow up in the environment he grew up in. He wanted to be a positive role model for her,” said Watt.
Creagh takes responsibility for the offence and has taken numerous programs in custody and in the community and met with social workers in an attempt to regain custody of his daughter, he said.
He now has unsupervised visits with the little girl, who lives with his mother. The biological mother does not have any involvement in her daughter’s life, said Watt.
“When he is eventually released, he will continue to work on his issues because his goal is to become an integral part of his daughter’s life and a productive member of society.”
Creagh regrets drinking and using cocaine and being out past curfew the night Gauthier died, Watt said.
“And he regrets these decisions every day. Mr. Creagh would not be in this situation today, but for those decisions.”
Watt reminded the court that Gauthier confronted Creagh. “Mr. Gauthier was in his face, getting angry at him,” said Watt. “He punched him in the face several times, breaking his nose.”
The judge is scheduled to deliver her decision on April 9.
