How taunts by Edmonton Remand Centre staff netted a convicted child killer a reduced sentence

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A person convicted of killing his toddler son received time off his sentence this week after a decide discovered Edmonton Remand Centre employees subjected him to threats and verbal abuse — one in every of a number of circumstances by which a decide has decreased a sentence for “state misconduct” on the jail.

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Damien Starrett, the Edmonton-area man discovered responsible of manslaughter earlier this yr within the beating dying of his one-year-old son Ares, mentioned he was taunted by a number of Edmonton Remand Centre (ERC) correctional officers shortly earlier than his launch on bail in 2020.

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Court docket of King’s Bench Justice John Henderson sentenced Starrett to seven years in jail Tuesday, however decreased his remaining time to serve to simply underneath four-and-a-half years.

The decide mentioned he took three months off Starrett’s sentence as a result of feedback directed at him by ERC employees.

“The conduct of the ERC guards was not simply unprofessional, it was a gross violation of their obligation to guard all prisoners on the ERC,” Henderson mentioned. “It isn’t a part of their perform to assault, threaten or intimidate prisoners.”

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‘Child killer’

Starrett was arrested Nov. 23, 2019, after killing Ares in his Fort Saskatchewan house. Court docket heard Starrett flew into a rage after his then-five-year-old daughter woke him from a nap and repeatedly punched, kicked and stomped Ares earlier than punching her within the head no less than twice.

Starrett claims he does not remember the attack, telling the courtroom the very first thing he remembers after waking up was his daughter curled in a ball, sobbing. The 33-year-old claimed a sleep problem made him not criminally answerable for the assaults, however Henderson blamed Starrett’s conduct on unresolved anger points and his historical past of heroin use.

Starrett spent four-and-a-half months within the ERC earlier than being launched on bail in April 2020. Starrett’s lawyer, Rory Ziv, mentioned that in his launch, a correctional officer within the admissions and discharge unit instructed Starrett “you’re a child killer (and) they’re letting you go. You’re a bit of s—.”

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One other officer instructed Starrett he ought to kill himself, whereas others knowledgeable a cell stuffed with prisoners that Starrett was a “f—ing child killer” and steered the “GP (basic inhabitants) boys” be instructed of Starrett’s prices.

Henderson mentioned Starrett was in a “very fragile emotional state on the time of his launch,” and that the guards “added to Mr. Starrett’s emotions of tension, fear and upset.” Crown prosecutors didn’t problem Starrett’s model of occasions.

Katherine Thompson, a spokeswoman with the Alberta Ministry of Justice and Solicitor Normal, mentioned worker privateness laws stop her from saying whether or not the officers concerned have been disciplined.

“Nonetheless, any complaints about Authorities of Alberta employees, together with correctional peace officers, are taken significantly and investigated absolutely.”

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‘State misconduct’

In 2010, the Supreme Court docket of Canada affirmed that the Legal Code permits judges to think about “state misconduct” as a consider sentencing if sure circumstances are met.

Since then, a number of Alberta prisoners have been granted sentence reductions for the actions of remand centre employees.

In 2018, the Alberta Court docket of Enchantment granted Erico Gallant 90 days off his five-year sentence for breaking into an ex’s house and assaulting her. The courtroom heard that whereas awaiting trial, Gallant baited two guards into breaking his arm “to realize both monetary benefit or a discount in sentence.” Regardless of Gallant’s incitement, the enchantment courtroom granted the sentence discount “given the shortage of clear rationalization from the guards for the damage, and the guards’ skilled accountability to withstand such baiting.”

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Extra just lately, serial rapist Matthew McKnight was handed a year off his sentence for a 2016 assault by one other Edmonton remand prisoner, with Justice Doreen Sulyma calling the investigation by staff and police a “coverup.”

Ziv, Starrett’s lawyer, mentioned Section 12 of the Constitution protects folks from merciless and strange therapy by the state.

Along with the three months off for state misconduct, Starrett acquired 4 months’ credit score for “collateral penalties” in remand and on home arrest. Particularly, Starrett was housed in administrative segregation with little time outdoors his cell, and on two events was “fecal bombed” by different inmates. He was additionally topic to “vigilante protests and threats” following his launch.

Starrett additionally acquired credit score for “harsh” circumstances positioned on him whereas on bail.

jwakefield@postmedia.com

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