Up front: Cowichan River running free, but 1,000 salmon lost On stage: Walt Wingfield up to his old tricks again in Chemainus
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Wednesday, October 24, 2012
Jail time for father shooter Nitinat shooting: Menard sentenced to 18 months in jail for the death of his dad Don Bodger
News Leader Pictorial
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lphonse Brendon Menard will spend 18 months in jail followed by a two-year term of probation for the shooting death of his father, Nanaimo businessman Tony Menard, 52. That sentence was handed down Monday morning in B.C. Supreme Court in Duncan by Judge Nathan Smith. Brendon Menard, 24, previously pleaded guilty to manslaughter. Crown prosecutor Scott Van Alstine had been seeking a prison term of between three and ¿ve years. Defence lawyer Bert King was lobbying for a suspended sentence. Smith faced imposing a decision ranging from life in prison to a suspended sentence based on past manslaughter cases of similar signi¿cance. Defence lawyer Bert King addresses the media following Brendon Menard’s sentencing Monday at the Duncan courthouse. “The sentences are all over the map,’’ he He was sympathetic the family would be without “I just thought it’s too bad Brendon’s got sent to conceded. a brother and a son for 18 months, but put the decijail,’’ said friend Eric Stevenson. “He’s a great guy.’’ Outside the courtroom afterward, King said sion into perspective. The circumstances of the shooting revolved he didn’t have any qualms with the judge’s “This is not life in prison,’’ said King. “Life goes around a camping trip near Bam¿eld over three decision. days in early July of 2010. “It’s as fair as it could ever be in my view,’’ he on. This is a very unusual case. This is not a bar ¿ght.’’ “A large amount of alcohol had been consumed at said. “Nobody could say that wasn’t fair in all King immediately dismissed any thought of an the campsite on Friday and Saturday night,’’ noted of the circumstances.’’ appeal. Smith. King said he made it very clear to “It’s just not in the cards,’’ he said. Brendon, his dad and friends were shooting at Menard and his family members that “This is clearly in the range (for sentenc- bottles. Tony Menard had gone to set up new targets jail time was a real possibility. And he ing).’’ when Brendon ¿red ¿ve shots with a .22-calibre agreed with Smith’s overall assessIf Menard did intend to appeal, King semi-automatic riÀe with a scope. ment of the situation. said he’d have to get another lawyer One of the bullets penetrated Tony Menard’s “There needed to be some deterbbecause he won’t be a part of it. heart, left lung, kidney and stomach. rence for the other members of the Van Alstine was not immediately avail“Tony Menard was dead when an air ambulance public,’’ said King. able for a comment. arrived at the scene 2 1/2 hours after the shooting,’’ Menard’s family was united in its Brendon Menard: Family members left the courtroom Smith pointed out. belief that he should not receive any probation as well distraught, and friends of Tony Menard Brendon Menard was viewed as being in a jail time. felt the sentence was too lenient. The zombie-like state after the shooting. “His speech at “They were hopeful because of id exchanged some verbal jarring outside two sides that point was described as mumbling and gibberhis diminished capacity and his epilepsy, that the court. ish,’’ said Smith. would prevail,’’ said King.
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Don Bodger
Menard had been suffering from seizures for about ¿ve years. The complex partial seizures were characterized by disassociation and lack of awareness. Menard had taken various medications to control the symptoms from the seizures and the effects of a 2004 car accident. Alcohol consumption and a lack of sleep were known to be problematic for Menard. “Stress was also a known triggering factor,’’ said Smith. Through it all, “there was no evidence of any argument between Brendon Menard and his father,’’ Smith said. All indications are Menard was truly remorseful after the shooting and co-operated fully with authorities. Van Alstine stuck to his interpretation there was some intent because of the manner in which Menard aimed and raised his riÀe. more on page 8
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