Alvin Thomas will be back in Melfort court on Nov. 1 to be sentenced for manslaughter. (Susan McNeil/paNOW Staff)

By Susan McNeil

Cumberland House death

Discharge from sawed off shotgun killed Cumberland House woman

Sep 11, 2024 | 4:00 PM

The man who pleaded guilty to manslaughter for his role in the death of 24-year-old Marisha Hoksbergen in May of 2022 now faces a prison sentence between four to eight years.

In Melfort Court of King’s Bench on Sept. 11, Justice Morral heard Crown prosecutor Jennifer Schmidt’s submissions that a sentence closer to eight years was more appropriate while Thomas’ lawyer suggested one between four and five years.

On May 30, 2022, Hoksbergen and Alvin Thomas were in a relationship but had been arguing for several days. The pair was in a home together on the Cumberland House Cree Nation.

Thomas left the home, after the couple ended their relationship, but came back to collect some items.

He and Hoksbergen went into the bedroom together, where, because he was a top-selling drug dealer, Thomas kept a sawed-off shotgun around for self-defence.

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Court heard he used meth that day and when Hoksbergen handed him the gun, he yelled at her. She put it down and, as she was on the bed, she then grabbed a blanket to pull over herself.

The gun discharged, killing her.

“Mr. Thomas knew that it was dangerous. He knew that the gun was prone to accidental discharge,” Schmidt said. “The court needs to think about why she tried to cover herself.”

She said she agreed to cap the possible sentence at eight years only to “secure a very difficult case.”

The shooting should not be considered accidental, she said because of the elements of intimate partner violence. Thomas’ lawyer, Susan Ryan, later disputed the suggestion of violence. She said all couples argue, and these two did not resort to physical force.

READ MORE: Hoksbergen’s family had concerns about her well-being

Schmidt also pointed to Thomas’ criminal record which contains a conviction for sexual assault, a conviction for carrying a concealed weapon and multiple properties offences between 2020 and more recently.

Before that, there was a 17-year gap in his record that shows that he is capable of living a crime free life as society expects, the court heard.

Thomas was originally charged with second degree murder but pleaded guilty to manslaughter on the basis of careless handling of a firearm, which is the reason for relatively low sentence suggestions.

The other reason is that Thomas has testified in previous hearings that when he was arrested by Prince Albert Police, they used excessive force which led to him having a broken wrist.

Ryan filed a Section 7 application under the Charter of Rights and Freedoms (life, liberty and security of the person) and said that the ‘violent arrest’ should lead to a reduction in his sentence by at least six months.

According to information read in court, Thomas was arrested by four PAPS officers after he was spotted climbing into a fenced compound at Applebee’s Glass in the downtown area.

When police tried to arrest him for the break and enter, he fled and tried to jump into a passing vehicle. After police managed to take him to the ground, he alleged they pulled on his cuffed hands, which were behind his back and that broke his wrist.

It was only after they removed the cuffs at the station that it began to hurt, however. He said he was high on meth at the time. He got 60 days for the break and enter in August 2022.

PAPS officers realized he had an outstanding warrant for murder after his arrest for break and enter. Ryan said the two incidents are blended and thus the injury should reduce the sentence for the manslaughter conviction.

The Crown disputed that and said they are separate incidents.

No sentence was handed down as Morral said the details were too unusual and too complex to make a decision that day.

Hoksbergen left behind two young sons when she was killed in May, 2022. (Facebook photo)

Many members of Hoksbergen’s family were in the courtroom and some chose to read victim impact statements. A letter written by one of her sons was read by a family member.

“I’m sad because I miss her so much,” said the statement. The boy went on to say that Christmases and birthdays are not the same and his mom is not around to make them fun and exciting. He wished she could watch him play hockey.

“I want you home,” he said.

The statement had a visible impact on Thomas, who bowed his head when the words were read aloud.

He was given an opportunity to speak and wept as he apologized to the Hoksbergen and Sewap families.

“I wanted to give them sincere condolences for their loss. I’m sorry for taking a life and most of all, for taking Pritch’s life,” he said. Pritch was Hoksbergen’s nickname.

He said he never wanted to take a mother away from her children.

He will be sentenced on November 1 in Melfort Court of Kings Bench.

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susan.mcneil@pattisonmedia.com