A picture taken of Kenny Morin after he was sentenced Tuesday at Prince Albert Court of Queen's Bench. (Nigel Maxwell/paNOW Staff)

By Nigel Maxwell

Court proceedings

‘This crime shocked the community’: Prince Albert manslaughter case results in 12-year sentence

Aug 2, 2022 | 3:09 PM

The man responsible for the death two years ago of a husband, father, and popular city bus driver, has received a 12-year sentence for manslaughter, which ultimately represents the high-end of the range for a manslaughter charge.

Kenny Morin, 22, appeared in person Tuesday at Prince Albert Court of Queen’s Bench to hear Justice Meschisnick’s decision. Also in the courtroom were members of his own family, as well as family members of his victim, David Maxemiuk.

The case dates back to the early afternoon of March 2020, when Maxemiuk was found by a neighbour lying on his back, unconscious, and near his garage. He had just returned from a trip to the grocery store, and would pass away in hospital five days later.

While the exact motive for the assault is not clear, testimony heard during the trial last January referenced Morin approaching Maxemiuk in the alley, and asking for a cigarette. Claiming he was somehow disrespected by Maxemiuk, Morin then proceeded to push Maxemiuk from behind, knocking him to the ground, before proceeding to kick Maxemiuk multiple times in the head and body. The entire attack lasted less than a minute.

Before fleeing, Morin then took Maxemiuk’s wallet. When he was arrested later that night following a separate assault complaint, he was found with four of the victim’s credit cards still in his pants pocket.

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Describing the incidents as senseless and brutal, Justice Meschishnick noted how the helpless and unarmed Maxemiuk may have been struck as many as nine times, and added Morin should have known his actions could cause someone’s death.

“This crime shocked the community,” he said.

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

While initially charged with second degree murder, Morin was found guilty in April of manslaughter.

During the trial, he testified he did not intend to kill Maxemiuk, only hurt him. In June, Morin stood up in the prisoner’s box, turned and apologized to Maxemiuk’s family.

In his remarks on Tuesday, Justice Meschishnick said he had little confidence that Morin was listening when the victim impact statements were read. He also described Morin’s apology as brief and without emotion.

“It was difficult to judge the sincerity of it,” he said. “I do not see how it coud be perceived as sincere when Kenny has no desire to quit his gang affiliation and plans to remain a victim of gang culture.”

While also acknowledging Morin’s excuse that he was high at the time, Meschishnick described the assault as not entirely impulsive.

“He could have turned, walked away. He did not,” he said.

The incident occurred four months after Morin had been released from custody, having served a 22-month sentence for a similar assault. While in custody, Morin has also been disciplined nine times including participation in a riot for which he received a 30-day sentence.

During the proceedings, Maxemiuk’s wife was seen crying and was too emotional to speak afterwards. Outside the courthouse, speaking on behalf of the family, Maxemiuk’s sister-in-law, Nancy Docking, provided reaction to the sentence.

“I’m a little frustrated he didn’t get more time but I am happy he did get the high-end of it,” she said.

Also acknowledging her satisfaction with the judge’s comments directed towards Morin, Docking said she thinks often about her brother-in-law.

“He worked hard all his life, and he was getting ready to retire, and he just didn’t deserve this. Dave helped the homeless. It’s just sad,” she said.

Morin has been in custody since the incident and so received 1,263 days remand credit (3.5 years). For the robbery charge, he received five years which will run concurrently with the other sentence. Upon his release, he will also be prohibited from owning or possessing any firearms or explosives for a period of ten years.

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nigel.maxwell@pattisonmedia.com

On Twitter: @nigelmaxwell