Sean Carter guilty of manslaughter
Updated: July 03, 2009 2:27 PM
A young Langley man has been found guilty of manslaughter after beating an older man, and leaving him on a downtown street to be run over by a car.
In B.C. Supreme Court Friday, Madame Justice Miriam Gropper found that the actions of Sean Eric Carter resulted in the death of Michael William Nash, 52, of Aldergrove.
While Gropper reviewed the evidence of cause of death – severe pelvic injuries Nash suffered when struck by a car near the Value Village parking lot – she found Carter's beating the man, and leaving him on the road contributed substantially to Nash's death.
In outlining the requirements for a finding of manslaughter, the judge told the court a significant contribution, or substantial cause in a death, is "an essential element of manslaughter."
The Crown must not only prove, beyond a reasonable doubt that Carter's actions contributed significantly to Nash's death, but that they constituted an unlawful assault, contrary to the accused's self-defence claim.
Nash, who was beaten severely by two men on the night of Dec. 18, 2007, was in the middle of 56 Avenue, near Salt Lane, when he was struck at shortly after 10 p.m., by an eastbound car. He was pronounced dead in hospital at 11:30 that night.
Carter testified during a judge-alone trial in April that he and two friends had left the McBurney Lane coffee and teahouse, and walked north toward 56 Avenue through Fenton Lane, intending to catch a bus at the downtown City loop.
At about 10 p.m., Carter's friends, Jordan Bourget, 18, and Bourget's girlfriend, Tara Harper, had crossed 56 Avenue to the Value Village parking lot, while Carter waited on the south side of 56 Avenue, he testified.
Nash, whom he had not previously noticed, approached Carter from behind, grabbed him by the shoulder, and demanded $20, Carter testified.
The pair grappled, Carter broke away, got into the middle of 56 Avenue, and was grabbed again by Nash. Then Bourget, attracted by the shouting, came to his assistance, Carter told the court.
However, in finding Carter guilty Friday, the judge said Carter's self-defence claim required a number of justifications, including: an altercation provoked by Nash, not Carter, and force used to repel the assault by Nash, not greater than necessary to protect Carter from harm.
Gropper reviewed the evidence of Peter Murray, who had an office near the scene of the fight.
Murray had heard shouting and obscenities, and looked out his window to see two men wearing balaclavas over their faces, running across 56 Avenue, towards Nash.
Murray ran down from his office, to find Nash on his hands and knees in the roadway, with two younger men yelling at him. Almost immediately, an eastbound car struck Nash.
Another witness, a female motorist, had testified that she saw Carter run across the road, jump over the prone body of Nash, and kick the man several times "with forceful kicks similar to a soccer kick," the judge recalled.
Carter ran from the scene, but was followed by Murray and another man and brought back. At the scene, the youth told RCMP Const. Warren that he had left the Rendezvous Pub with friends, when the group was accosted by Nash, who threatened them with a knife or screwdriver held in his hand, and a tussle began between Carter and the older man.
In a Langley jail cell, Carter told an undercover officer (name banned from publication) that the altercation began between Nash and one of Carter's friends.
"Even when I consider the evidence of Mr. Carter and his friends (and Carter's story) to Const. Warren and Const. A. B., there are many contradictions," said the judge.
But she also found many contradictions between Carter's version of events, and the testimony of other witnesses, including Murray, and the woman motorist. The judge again emphasized the woman's testimony of "forceful kicks."
The judge said she was satisfied that what took place was an "unlawful assault."
She noted the testimony of the expert who analyzed the alcohol content of Nash's blood, which was four times the legal limit for operating a vehicle.
The expert had testified that most people can not achieve that state of intoxication, and would throw up before reaching it.
In such a condition, Nash's motor co-ordination would be very poor, and taking a swing at Carter would have been very difficult.
Carter, then 18, and six feet, six inches tall, 190 pounds, was taller and heavier than Nash.
His friend Jordan Bourget, was six feet tall, 130 pounds, also 18 years old.
"I find it unbelievable that the (fight) was evenly matched or that Mr. Nash provoked (it)," said the judge.
"Mr. Carter caused the death of Mr. Nash (by beating him) and leaving him on the road.
"I find Mr. Carter guilty of the charge of manslaughter."
Assistant Crown counsel Hardeep Sangha asked the judge for a risk assessment of Carter, before sentencing, which is set for October.
Carter, who has been free on bail, will remain free until his next appearance.
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