Sentencing delayed in manslaughter case
Winnipeg Free Press - PRINT EDITION
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Nolan Norman (BORIS MINKEVICH / WINNIPEG FREE PRESS)
A Winnipeg manslaughter sentencing came to a sudden halt Monday when questions were raised about the exact circumstances of the killing.
Jordan Smith was expecting to learn his fate for the November 2009 attack that killed 19-year-old Nolan Norman. Smith, 23, pleaded guilty last October and has been waiting behind bars for a decision since sentencing submissions were made last January.
But following a seven-month delay, provincial court Judge Sid Lerner returned to court Monday and told lawyers he was not prepared to pass sentence until he knows exactly what Smith is admitting to. Specifically, Smith claims he accidentally stabbed Norman in the heart during a scuffle on a Transcona street. But the Crown believes it was much more malicious, especially given a history of bad blood between the pair.
The case has been adjourned until Sept. 4 for lawyers to decide if they will take the highly unusual step of calling evidence at a sentencing hearing.
Smith has been in custody for nearly three years since his arrest and is seeking to be released with a penalty of time served, especially since he qualifies for double-time credit because he was jailed prior to federal changes outlawing the two-for-one practice.
The Crown is seeking a nine-year sentence, less time in custody.
Norman suffered the fatal injury after a brawl on Victoria Avenue. He had crashed a house party and attacked one of the guests, who had sold him a dose of cocaine earlier that night that he wasn't happy with, court was told.
The drug dealer suffered serious injuries and returned to the party to tell his friends -- including Smith -- what happened. That's when a large group of people armed with various weapons rushed outside and jumped Norman.
The fight ended when Smith pulled out a knife and plunged it into Norman's chest. He also stabbed him in the buttocks as Norman fled the scene, eventually collapsing nearby. He was rushed to the Health Sciences Centre, where he was pronounced dead.
The Crown claims the fact Smith stabbed Norman a second time shows the initial knife wound was no accident, along with the fact the chest wound went nearly 12 centimetres deep.
"It is inconsistent with an accident," said prosecutor Dale Harvey.
Smith was originally charged with second-degree murder, which carries a mandatory life sentence with no chance of parole for at least 10 years.
The Crown agreed to a reduced plea to manslaughter because Smith was severely intoxicated at the time.
Smith has a history with the courts and was out on bail at the time of the deadly attack for a previous assault on his then 14-year-old girlfriend, plus breaching several court orders including a nightly curfew and order to abstain from alcohol.
www.mikeoncrime.com
Republished from the Winnipeg Free Press print edition August 28, 2012 B3
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