The Crown is considering whether to seek a dangerous offender finding against a Calgary man convicted Wednesday of a reduced charge of manslaughter in a fatal stabbing. Read More
A long-term offender designation would see Kyle Wescott subject to lengthy community supervision following whatever prison term the Court of King’s Bench judge deems appropriate
A long-term offender designation would see Kyle Wescott subject to lengthy community supervision following whatever prison term the Court of King’s Bench judge deems appropriate
Article content
The Crown is considering whether to seek a dangerous offender finding against a Calgary man convicted Wednesday of a reduced charge of manslaughter in a fatal stabbing.
Article content
Prosecutor Gord Haight told Justice Charlene Anderson that he wishes to mull over the possibility of seeking an assessment of Kyle Wescott to determine if he meets the criteria for either a dangerous offender finding, or a long-term offender finding.
Article content
Article content
Story continues below
Article content
The former could see Wescott locked up indefinitely if found to be a dangerous offender and Anderson decides an indeterminate sentence is warranted.
Article content
Noon News Roundup
Article content
A long-term offender designation would see Wescott subject to lengthy community supervision following whatever prison term the Court of King’s Bench judge deems appropriate.
Article content
Anderson agreed with defence lawyer Andrea Urquhart that Haight and co-prosecutor Chanel Avarello had failed to establish Wescott had the intent for murder when he brutally attacked a sleeping man in downtown’s Olympic Plaza.
Article content
Haight had argued the circumstances of the May 25, 2023, attack on Donovan Moose in the plaza currently undergoing a makeover, including the fact Wescott stabbed the victim in the back after punching and kicking him, showed the offender intended grievous bodily harm that he knew was likely to cause death.
Article content
Story continues below
Article content
Wescott, 28, had been charged with second-degree murder.
Article content
Anderson said the location of the fatal stab wound, the back instead of the heart or chest, and the fact Moose stood up and walked around briefly before collapsing without a further attack by Wescott suggested the killer didn’t have such an intent.
Article content
“Seeing Mr. Moose walk away one wouldn’t think he was about to collapse and die,” the judge said.
Article content
“He didn’t punch him again, or stab him again.”
Article content
She said Wescott couldn’t rely on potential defences that can reduce murder to manslaughter, such as gross intoxication or provocation, noting that while the offender indicated he had consumed fentanyl, he was able to commit purposeful acts such as walking from the scene and disposing of the knife.
Article content
“Mr. Wescott was walking normally at the time of the stabbing,” Anderson said, referring to multiple surveillance videos of the scene.
Article content
She said there was no evidence the two men knew each other or Moose did anything to provoke Wescott.
Article content
It was the Crown’s theory Wescott was angry and frustrated after an altercation with his girlfriend and took it out on the deceased.
Article content
In support of a possible dangerous offender application, Haight made a copy of Wescott’s lengthy criminal record an exhibit.
Article content
That record included convictions for robbery and multiple assaults.
Article content
The case will return to court next week to determine next steps.
Article content
Article content
Article content