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Kelvin McCallum Jr. was escorted by Sheriff Deputies to Prince Albert Court of Queen's Bench on Tuesday. (Nigel Maxwell/paNOW Staff)
Court proceedings

Prince Albert man sentenced in death of young son

Jun 7, 2022 | 5:00 PM

A man responsible for the death of his young son has received a prison sentence of six years and four months.

Kelvin McCallum Jr. was sentenced Tuesday morning at Prince Albert Court of Queen’s Bench. The 32-year-old had originally been charged with second degree murder, but last December, entered a guilty plea to a lesser charge of manslaughter.

The case dates back to March of 2019. According to the agreed statement of facts read by Crown Prosecutor Mary Ann Larson, McCallum had sole custody of his son Kal and they had been home at their downtown apartment, along with McCallum’s girlfriend and her child.

After breakfast, McCallum and his son had a shower together. The girlfriend later told police she heard a “thump” and what sounded like someone had fallen. Upon emerging from the bathroom, McCallum instructed his girlfriend to go out for cigarettes, leaving him alone with her child as well as Kal.

While she was out, McCallum proceeded to try and care for Kal, who had a bloody nose and was suffering from a bad case of eczema. In response to Kal’s crying, McCallum would ultimately hit him multiple times in the abdomen rendering him unconscious.

“The degree of force was great,” Larson read.

McCallum would proceed to call the ambulance and Kal was pronounced deceased in hospital. The autopsy determined the cause of death was the blunt force trauma.

Baby Kal was nicknamed by his family “the little drummer boy.” (Nigel Maxwell/paNOW Staff)

The court heard that for the first year of his life, while his parents were in jail, Kal had been placed into the care of his father’s sister. In the fall of 2018, McCallum, after his release from jail, was awarded sole custody. Among the condition he had to meet were to be drug free and complete a parenting course.

The incident at the apartment happened roughly six months later.

While McCallum does have a lengthy criminal record, mostly related to thefts and firearms, Larson noted there was no prior history of violence.

A victim impact statement provided by the sister described the depression she felt after Kal’s death, and how much he was missed by his family.

“You broke our hearts when you took Kal away from us,” Rene Bear wrote, adding if McCallum had ever needed help with Kal, all he had to do was ask.

When interviewed by paNOW Bear had said she wished she would have fought harder for him.

Defence lawyer Gordon Kirkby explained that as a child, McCallum himself had been exposed to physical abuse by his grandmother, who had in turn received abuse while attending residential school.

“He is not here to make excuses. He is simply trying to provide context for what happened,” Kirkby said.

Kirby also explained how deeply remorseful his client was and how McCallum had, while in custody, received counseling from Elders.

“He couldn’t admit to himself what he had done,” Kirkby said.

When given the opportunity to speak in court, McCallum said he was sorry for what he had done and the pain he caused his family.

“I love my son and I would trade spots with him in a heartbeat,” he said.

Final decision

After a short 15 minute adjournment to review the evidence and what had been said in court, Justice N. Bardai accepted the joint submission presented to him. He informed McCallum that being a father is not a right, it’s a privilege.

“The person who was supposed to protect him, the person who helped bring him into the world, ultimately caused his death,” he said.

Justice Bardai then went on to explain Kal had a right to live; deserved the opportunity to play hockey or learn the drums; and most importantly the opportunity to live a life free from abuse.

“This is a loss felt by family, by friends and all those whose lives may have been touched by [Kal],” he said.

In the weeks following Baby Kal’s death, a collection of toys and flowers were left outside the downtown apartment building where he had lived with his dad. (Nigel Maxwell/paNOW Staff)

Comments outside court

Outside the courthouse, Kal’s grandmother told paNOW she didn’t feel justice had been served for an innocent child. She also recalled her last memory of her grandson — the Christmas of 2019.

“How he was opening up his present while his mom was putting it together. I look at the video quite often,” she said.

Crown Prosecutor Mary Ann Larson explained the process to arrive at the end result was very difficult and required a lot of discussions, a lot ot considerations, and lots of research.

“My heart does go out to the families. It is devastating but I am gratified about the result.”

Kirkby also acknowledged the lengthy process.

“This is the culmination of what can only be described as a very tragic circumstance,” he said

Kirkby also commented on his client’s remorse.

“He’s devastated by the whole occurrence. Life will never be the same for him.”

With time spent in remand, McCallum has roughly a year and five months left to serve. Upon his release he will also be prohibited from owning or possessing any firearms, explosives or fireworks for life.

Due to the facts read in court, paNOW did attempt to reach out to the Ministry of Social Services for comment, and was provided with a statement.

“Due to provisions in The Child and Family Services Act, the ministry is unable to speak to the specific details of any case. This includes confirming if a child, or their family, is in receipt of services, or has had involvement with the ministry,” the Ministry said.

nigel.maxwell@pattisonmedia.com

On Twitter: @nigelmaxwell

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