Lloydminster Provincial Court Judge Kim Young scolded a former Westside Outlaws street gang member for murdering a man in front of a 10-year-old boy on Onion Lake Cree Nation.
Marvin Stanley, now 28, was charged with second-degree murder in connection to the 2019 death of Conrad Tracey Mooswa, 32, of Makwa Sahgaiehcan First nation but pleaded guilty on Feb. 12 to the lesser charge of manslaughter.
鈥淲hat bothers me here is that a 10-year-old boy witnessed this and that will be seared into his memory I鈥檓 sure for the rest of his life and he had the unfortunate circumstance of watching,鈥� said Judge Young. 鈥淭hat is very disturbing.鈥�
North Battleford Crown Prosecutor Charlotte Morden told the court that Mooswa suffered 12 knife wounds and that a 17-centimetre wound to his right upper chest cut his aorta, causing his death.听
After Stanley stabbed Mooswa, he fled the residence, and using a trail through the woods, went to another residence on Onion Lake. He discarded his bloody clothes but RCMP later recovered them.
Stanley discarded the knife, which was never recovered.
Judge Young said Stanley鈥檚 behaviour after the murder is an aggravating factor.
鈥淭he fact that the accused - in a cowardly fashion - ran away from the crime and didn鈥檛 stay around to try to help out the poor victim is very aggravating,鈥� said Judge Young during the sentencing hearing Feb. 12. 听鈥淗e was worried about himself that night. He went so far as to dispose of the knife, and dispose of his clothes, and then he started on social media, talking to people. Those are all acts that show that at the time there was a lack of remorse.鈥�
Another aggravating factor is Stanley鈥檚 criminal record, said Judge Young.
鈥淗e has a long criminal record, five prior assaults with the last aggravated assault being on the victim.鈥�
The court heard that Stanley had pleaded guilty in July 2018 to aggravated assault against the same victim - Conrad Mooswa. In the 2018 incident, Stanley had stabbed Mooswa five times during a fight. Stanley was sentenced to 21 months, less remand time, for that aggravated assault.
Stanley and Mooswa, however, had reconciled their differences at the time of Mooswa鈥檚 murder in 2019. Stanley was out of prison just over a month when he stabbed Mooswa to death.
Prosecutor Morden told the court that on the evening of Oct. 22 and early morning hours of Oct. 23, 2019, Stanley and Mooswa, and two others, were drinking in the basement of a residence when they started arguing and became engaged in a physical fight. Stanley removed himself, went into a nearby bedroom in the residence, and closed the door. Mooswa punched a hole in the bedroom door and Stanley came out.
This was a mitigating factor said Judge Young.
鈥淭here was some provocation here,鈥� said Judge Young. 鈥淗e (Stanley) went into the bedroom and closed the door. He tried to get away from the fight and he has remorse now.鈥�
Mooswa鈥檚 family pack court building for sentencing
A large number of Mooswa鈥檚 family attended the sentencing hearing in Lloydminster Provincial Court Feb. 12 but not all of them could be inside the courtroom due to COVID-19 restrictions. About a dozen remained in the hallway.
鈥淧eople are out in the foyer, people that want to be involved in the sentencing, and we just can鈥檛 get them in and it鈥檚 just a crying shame,鈥� said Judge Young, adding that at least Mooswa鈥檚 most immediate family members are inside the courtroom.
Judge Young sentenced Stanley to nine years in prison, less time and half served for the 477 days he was in remand. This means he will get 716 days off of his nine-year prison sentence.
Stanley鈥檚 defence lawyer Brent Little had asked the court to credit Stanley with more than time-and-half for his remand time due to COVID-19 but Judge Young rejected that argument.
The Crown sought an eight to 10-year prison sentence, while defence asked the court for seven to eight years.
Former Westside Outlaws street gang member
Little said that Stanley is a former Westside Outlaws street gang member but wasn鈥檛 a member of the gang at the time he killed Mooswa. He said Stanley left the gang life on his own and is currently on a non-gang unit at the remand centre.
Little told the court that Stanley is a member of the Frog Lake First Nation. His mother was from Onion Lake Cree Nation and he mostly grew up on Onion Lake Cree Nation.
Little told the court that both of Stanley鈥檚 parents dealt with the effects of residential and day schools, which impacted Stanley. He also experienced racism.
Little said the victim impact statements by Mooswa鈥檚 family were hard to read and Stanley 鈥渞eally, really struggled with them,鈥� adding that Stanley used to have a positive relationship with Mooswa鈥檚 family.
Stanley participated in the sentencing hearing by CCTV from Prince Albert Provincial Correctional Centre.
Before Judge Young sentenced him, Stanley apologized for his actions, saying he regrets they resulted with Mooswa鈥檚 death.
鈥淛ustice will be served,鈥� said Stanley.
Onion Lake state of emergency
Mooswa鈥檚 murder in October 2019 - along with the murders of Braden Bull, 32, and Braeden Sparvier, 26, in January 2020 - led Onion Lake Cree Nation to declare a state of emergency.
Bull鈥檚 body was found on Onion Lake Cree Nation Jan. 21, 2020.
Sparvier鈥檚 body was found Jan. 1, 2020, along a road in the R.M. of Frenchman Butte, which borders Onion Lake Cree Nation.
If you are associated with a gang and want to leave it, contact STR8 UP in northern Saskatchewan at 306-763-3001, STR8 UP in central Saskatchewan at 306-244-1771, or Regina Treaty Status Indian Services in southern Saskatchewan at 306-522-7494 to get assistance.
Onion Lake Cree Nation borders the provinces of Alberta and Saskatchewan and is located about 50 kilometres north of Lloydminster.
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