Violet Maxemiuk stands outside Prince Albert Court of Queen's Bench on Wednesday, holding a picture of her brother David Maxemiuk. (Nigel Maxwell/ paNOW Staff)

By Nigel Maxwell

Court proceedings

‘I miss his company to this day’: decision adjourned in Prince Albert manslaughter case

Jun 29, 2022 | 5:00 PM

The man responsible for killing a well-known Prince Albert bus driver stood up in court and removed his mask, before turning and apologizing to his victim’s family.

Last April, 22-year-old Kenny Morin was found guilty of manslaughter for the death of David Maxemiuk. He was also found guilty of robbery, as following the attack, he had taken Maxemiuk’s wallet.

“I would just like to apologize to the family. I didn’t mean for this to happen,” he said when given the opportunity to speak during Wednesday’s hearing at Court of Queen’s Bench.

The incident happened in March 2020. Maxemiuk, having just returned from a trip to the grocery store, was standing outside his garage when he was attacked and knocked to the ground by Morin.

While the exact motive is not clear, testimony heard during the trial last January referenced Morin asking Maxemiuk for a cigarette, and then somehow feeling disrespected. After kicking Maxemiuk multiple times in the head and body, Morin then took his wallet and was arrested later that night with four of the victim’s credit cards still in his pants pocket.

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Claiming he was high on drugs at the time, Morin himself testified he did not intend to kill Maxemiuk, only hurt him.

Over 20 years, David Maxemiuk helped greet the city’s transit users. (Submitted photo/Erin Allard)

The normal range of sentencing for manslaughter typically falls within four to 12 years, but Crown lawyer Kristen Hubbard has asked for a term of 15 years, explaining the law does allow for a sentence to exceed the limit when there is a need to address concerns such as protection of the public.

Citing the facts that Maxemiuk’s face was unrecognizable and that the attack itself on an unarmed man was unprovoked, Hubbard also raised Morin’s prior criminal record as an aggravating factor. Morin has had 60 convictions since 2013. While the majority are related to property offences, there are two prior convictions for violent offences similar to the one he’s currently being convicted for.

“And even on the same day, he assaulted someone else,” Hubbard stated.

Defence lawyer Michael Nolan took issue with Hubbard comparing the case to mere murder and stated the facts of the case did not support that. He also stated witnesses had themselves testified that the head trauma Maxemiuk suffered could have even come from a single blow, and the injuries on the chest area, from the attempts of resuscitation.

Nolan also explained in court that when Morin served time on the two violence-related convictions, no programming or counselling was offered.

“Let’s not look at this behaviour and say a young man is on a trajectory where he is totally out of control,” he said.

Noting Morin had not served any previous time at the penitentiary, Nolan ultimately suggested a sentence of six years and six months would be far more appropriate.

Victim impact statement

Among the two victim statements read in court was one by Violet Maxemiuk, the victim’s sister. She explained how she had been greatly affected by her brother’s sudden death and had suffered depression.

Describing her brother as kind and considerate, Violet explained how he had helped her with home improvement or just came over to play cards.

“I miss his company to this day,” she said.

Outside the courthouse, Violet was asked by paNOW about Morin’s apology.

“I just feel that wasn’t sincere enough,” she said, adding at the end of the day she just wants justice served.

The victim’s sister-in-law Nancy Docking also read a statement in court, and recalled the painful experience of holding David’s hand while he lay in the hospital bed, and telling him to stay strong.

“I said to myself what kind of human being would do this,” she said.

Docking also noted Morin’s explanation for his actions.

“Don’t blame it on drugs or alcohol. We have choices in life,” she said.

As she walked back to her seat, Docking paused for a moment as she passed by the prisoner’s box and glared at Morin.

Morin’s mother

After Kenny Morin addressed the court, his mother Clara, who was also present, requested an opportunity to speak. Justice Gary Meschishnick agreed. She in turn described her son as a good boy, a good worker, and explained he had assisted elders while living at Sandy Bay.

Clara said her wish for his son when he moved to Prince Albert was to go to school.

“I’m very sorry for the family,” she said.

Clara Morin relayed to the court her hope that her son gets the help that he needs. (Nigel Maxwell/ paNOW Staff)

Outside the courthouse, Clara Morin told paNOW she felt bothered that her son had not been offered any counselling or programming while in custody.

“It’s very hard for us native people that we don’t get the right resources when we need them,” she said.

Justice Meschishnick has adjourned his decision on sentencing to Aug. 2nd at 9:30 a.m.

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nigel.maxwell@pattisonmedia.com

On Twitter: @nigelmaxwell