Man pleads guilty to New Year’s Day manslaughter, receives 9 years

McKay then struck Head’s mother with a hammer, which led to a reaction from Lenny and two family members.

“I can understand a son coming to the defence of their mother,” Scherman said, but added the extent to which the group went was “simply a senseless and violent offence.”

They chased him to a street about 50 metres away from the home. Once McKay tripped and fell, the group of three allegedly attacked him with two metal table legs that looked like three-foot long pipes, their feet and hands.

The group beat McKay even after he stopped moving. He was taken, unconscious, to Nipawin hospital by paramedics after RCMP received a report of a fight.

McKay died of blunt force trauma to the head.

McKay’s family expresses their loss

The details of that night were followed by a description of what was left behind after McKay died that night.

Of seven victim impact statements, four were read aloud. The courtroom was largely composed of McKay’s family members, many of whom cried throughout the afternoon.

About 10 of Head’s family members were also present.

The first statement, by McKay’s father Harvey, was punctuated by pauses as he sobbed in the courtroom.

Harvey described how he hardly ate for months after Duril’s death and was unable to return to work.

“This is how greatly this loss has affected me,” he said.

The other statements, from Duril’s mother Noreen, and from Duril’s wife Kristy, described a man who loved his family.

Duril had married Kristy, his “high school sweetheart” only two and a half months before he died. They had two children and were four months pregnant with their third.

Noreen’s statement said one of her other sons drinks heavily to deal with the loss, and that each milestone that passes is a painful reminder that Duril is gone.

“This has nearly torn my family apart,” her statement read. She and Kristy declined to offer to read their statements, so the Crown read them aloud instead.

“It hurts me to hear my little grandchildren ask me ‘where is my daddy?’” the statement continued.

Kristy’s statements started off noting that her third child never had a chance to be held by her father.

She left the courtroom as the Crown read that since Duril’s death, being a single mother has boosted the stress in Kristy’s life and that it can turn into anger and occasional outbursts.

Her statement included thoughts of suicide, as “my life has no meaning without him.”

She also speculated on a good friend who had been present at the time of the fight, but didn’t step in to stop it.

Finally, Kristy’s statement said she wanted to find closure and forgiveness for the events of that night.

Judge Scherman comes to a sentence

The Crown requested a sentence of 10 years.

“The number of years we were looking for needed to be significant for the purpose of deterrence, both general and specific. We looked at other cases that were relevant and this fit with what we looked at,” Healey explained after.

Head’s defence, Todd Parlee, said his request for eight years was based on a similar case. He knew that under the circumstances, “I couldn’t realistically argue for a four-year sentence.”

In his sentence, Judge Scherman explained that the court’s role is to deter others from committing the same, or similar acts. He added that families rarely think the sentence is as significant as it should be, but “it’s not the court’s role to forgive.”

He told Head to bear in mind that Head has impacted McKay’s family beyond what he heard in court that day.

Judge Scherman handed down a nine-year sentence for manslaughter, and stated that a federal penitentiary would offer help for anger issues or addictions issues that Head may face.

Head will receive 14.5 months credit for his time spent in remand, which was largely served in the community under house arrest.

He also pleaded guilty to two counts of breaching the conditions of his release, which were handed out in March of 2013.

After court was adjourned, both the Head and McKay families sat in silence for a short while.

Members of Head’s family hugged him as he left, wearing a black shirt, jeans, and glasses.

Noreen, Duril’s mother, fell over as she sobbed on her way out of court. Her husband, Harvey, helped her up.

They would not comment on their reaction to the sentence handed out.

Noreen’s message, outside the Court of Queen’s Bench, was emotional.

“They put a big hole in my heart. They took away my youngest son, my baby son. Now I want to tell the youth to love each other. Don’t hurt each other. You’ll hurt your mother and your father,” she said.

claskowski@panow.com

On Twitter: @chelsealaskowsk

by Chelsea Laskowski

Man pleads guilty to New Year’s Day manslaughter, receives 9 years

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