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Last guilty man in Red Earth killing receives 9 years

Jun 12, 2015 | 12:05 PM

While delivering a sentence of nine years for manslaughter, a Prince Albert judge stated a man from Red Earth First Nation was a “willing and active participant in the beating” that killed a fellow band member in 2012.

Tyson Whitehead’s family hugged him before he was taken in cuffs into a police van after receiving his sentence, which will be eight years and nine and a half months with credit for time served.

Lenny Head and Douglas Head – brothers who are Whitehead’s cousins – have already received nine-year sentences, meaning the legal proceedings in Duril Mckay’s death have now come to a close.  

The three men chased Mckay – who was 20 at the time – down a street on the Red Earth First Nation and beat him even after he stopped moving. This happened after he was kicked out of a New Year’s Ever party at the home of Lenny and Doug Head’s mother.

Whitehead entered his guilty plea to manslaughter almost a year ago. The delay in his sentencing is related to a special report that lays out the adverse impact of cultural factors Whitehead experienced as an aboriginal man, called a Gladue report.

On Friday at Prince Albert Court of Queen’s Bench, Justice Lyle Zuk explained which of those systemic factors led to Whitehead being in court.

Mckay’s parents were present, and at times could be heard audibly sniffling and crying in the courtroom.

Red Earth First Nation is an impoverished community that struggles with high unemployment and domestic issues, Zuk said.

Whitehead’s parents themselves were alcoholics and his father died in 2002, meaning he was raised mainly by his sister.

In the report, Whitehead’s sister had said the children witnessed violence in the home.

He’d been “banished from Red Earth after charges were laid,” Zuk said.

Zuk acknowledged these factors, and said defence lawyers are not required to establish the connection between the offence and the guilty party’s upbringing.

He stated that Whitehead’s common-law wife, two children, and success in classes he’d taken in Prince Albert since Mckay’s death act as mitigating factors.

Zuk told Whitehead that while he accepts that Whitehead wishes this terrible event had never happened, incarceration is needed for the “terrible crime.”

In the end, the Gladue report for Whitehead, which had not been ordered for either of the Head brothers, didn’t change the sentence Whitehead received.

Family from both sides of the case were crying in the courtroom after the sentencing.

Whitehead faces a liftime weapons prohibition and must submit DNA samples.

claskowski@jpbg.ca

On Twitter: @chelsealaskowsk