Sentence for 26 year old Kyle Louie of Oliver to be made Thursday morning in a Penticton Courtroom
Associate Chief Justice Austin Cullen presiding
Crown counsel: John Swanson
Louie’s defence lawyer: Tom Arbogast of Vancouver
A joint submission was made by both for a sentence of 75 months.
Louie has credits of 69 months in remand custody.
Crown and defence lawyers recommended a jail term of just over six years. Louie could be declared a long-term offender for a further 5.5 years. Under the LTO designation authorities can keep a closer eye on him after his release from a jail/prison.
At issue for both parties was whether or not Kyle posed a high risk to re-offend.
The court today sparsely attended: 10 interested parties including some family, one native court worker, two band representatives, 7 reporters – two staff, the judge and three lawyers.
Swanson said aggravating factors include Kyle taking the time to find a knife, stabbing the victim more than once, and a prior criminal record, including assaults.
On February 19th 2011 – Reece Louie died of stab wounds after being found lying outside his dad’s home on Black Sage Road. He and his brother had a difficult childhood caused by a separation.
Mitigating factors were stated as: entered a guilty plea to manslaughter, which shows remorse, and Louie has taken significant steps toward rehabilitation while in remand.
Arbogast said Kyle essentially had a blackout because of alcohol consumption, substance abuse and sleep deprivation. “He was in a dissociative condition prior to the incident and after”.
That both he and his brother were heavy into alcohol and drugs including: Crystal meth, cocaine, marijuana, ecstasy and others.
At one point Kyle Louie said to RCMP “who?” in response to the statement that he had killed his brother.
He banged his head violently against a partition in the police car when he learned it was Reece who had been stabbed.
At one point in the nearly four hour hearing – the crown stated that a plan is needed for this young man who has the rest of his life to live.
The judge was asked to consider recommendations that Louie be classed as a LTO (Long term offender) and be placed in a residential treatment centre in Prince George or Vancouver Island to provide structure and supervision.
