I'll take the 15 years,' convicted man says
It will be close to two months before Dean Boucher and Mark Lange are sentenced for the second-degree murder of Robert Olson.
It will be close to two months before Dean Boucher and Mark Lange are sentenced for the second-degree murder of Robert Olson.
In Yukon Supreme Court this morning, Justice Leigh Gower ordered a pre-sentence report to be completed for both men prior to their sentencing, now set for Aug. 10-11.
Boucher and Lange were convicted last Friday in the December 2004 beating death of the 64-year-old Caribou Hotel owner.
Earlier this week, Boucher's lawyer, Keith Parkkari, was granted an application to withdraw from the case after citing an 'irreconcilable breakdown' in his relationship with his former client.
That left Boucher to either look for a new lawyer or represent himself.
This morning, he was seated without a lawyer and remained seated as Justice Leigh Gower entered the room.
He told the court he was willing to take whatever sentence the Crown is seeking.
'I need help and I want to get the fó- out of here,' he said.
Crown prosecutor John Phelps indicated the Crown will seek a term of 15 of the 25 years to be served by Lange and Boucher before they're eligible for parole.
Lange's lawyer, Andre Roothman, submitted the application for a pre-sentence report for his client.
A pre-sentence report is important in considering the mitigating factors, Roothman said, pointing out his client comes from a first nations background, which is also a factor in sentencing.
While Roothman suggested the two could be sentenced at separate times, he argued that sentencing Lange with no pre-sentence report could prejudice his client's case.
Phelps, meanwhile, said both convicted men could be arguing they played more of a role in aiding the other in the second-degree murder, which would mean the court would have to make a finding of facts. In that situation, Phelps said, the sentencing should be done at the same time.
If a pre-sentence report is ordered for Lange, it should also be ordered for Boucher, who also goes by the last name of Johns, Gower was told.
Boucher told the court he doesn't plan on arguing whose fault the murder is anymore.
As Boucher started addressing the court, Gower reminded him that his right to remain silent continues through to the sentencing.
The bottom line is he was too drunk the night Olson was killed, said Boucher, adding he's been pointing fingers at people all his life and it's something he's done with.
Continuing to speak to the court, Boucher apologized to the people of Carcross and Tagish, pausing for a moment .
'I'll take the 15 years; I just want to get out of here,' he said.
In ordering the pre-sentence report for both, Gower pointed to the significant difference in the 10-year minimum sentence without parole (recommended by eight of the 12 jury members for Lange) and the 15 years without parole being sought by the Crown.
No recommendations were offered by the jury for Boucher's sentencing.
Gower also explained the pre-sentence report to Boucher, reminding him again of his right to remain silent through it.
Boucher then asked the judge if he could receive a psychological assessment done down south as part of the report.
When he was informed the assessment would be done in the Yukon, Boucher said he wouldn't have it done here and that he wanted it done down south, only to be told by Gower he doesn't get a choice about where it's completed.
'There's nothing left you could do to me,' Boucher repeated again and again as Gower told him to be quiet.
The judge finally had an RCMP officer remove the convicted man from the courtroom just before the sentencing was adjourned until August.
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