Whitehorse Daily Star

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Robert Olson and Mark Lange

Pair pleads guilty to lesser charge

After seven years in the legal system, which included a murder conviction, successful appeal and order for a new trial, two men have pleaded guilty to manslaughter in the death of a Carcross hotel owner in 2004.

By Ashley Joannou on November 4, 2011

After seven years in the legal system, which included a murder conviction, successful appeal and order for a new trial, two men have pleaded guilty to manslaughter in the death of a Carcross hotel owner in 2004.

Dean Boucher and Mark Lange were originally convicted of second-degree murder in 2006 in the beating death of Boucher's cousin, Robert Olson.

The pair, both in their 30s, appeared in Yukon Supreme Court this morning to enter guilty pleas to the lesser charge in front of Justice Ron Veale.

Boucher appealed the original verdict immediately, but the appeal stalled repeatedly, partly because he fired a succession of lawyers.

When the appeal was finally heard last May, the panel of judges ordered a retrial because they found the original trial judge had given confusing and contradictory instructions to the jury which tainted the final decision.

Efforts to begin a second trial have been stalled again by Boucher's inability to obtain a lawyer.

Most recently, Boucher, who is currently representing himself, is getting legal help from a law professor at the University of British Columbia.

As part of their pleas, the pair entered an agreed statement of facts into evidence.

According to the document, signed by both Boucher and Lange's lawyer, Melissa Atkinson, the pair was drinking together in Whitehorse on Dec. 23, 2004 when they decided to drive to Carcross.

They spent the evening going from place to place in the community and continuing to drink.

At approximately 11:30 that night, the pair was approached by an RCMP officer near the historic Caribou Hotel, which was run by Olson.

Boucher spoke to the officer and was noted to be under the influence of alcohol, the document says.

During the conversation, Boucher asked the officer for a ride home but, due to his level of intoxication and abusive words, the officer declined.

Olson then let Lange and Boucher into the hotel, which was closed for business at the time.

Olson shared alcohol with the two as they sat in the closed tavern of the hotel.

According to the statement of facts, Olson was not intoxicated when the two accuseds arrived. He indicated he had a purchaser for the hotel and was in a good mood, wanting to celebrate.

Both Boucher and Lange admit to being intoxicated when they arrived at the hotel and continued to drink.

At some point during the early-morning hours of Dec. 24, Boucher got into an argument with Olson over money for the purchase of narcotics.

"The argument progressed to a point where Mr. Boucher assaulted Mr. Olson. Mr. Lange also participated in the assault,” the document says.

Olson was struck 15 times, including to his neck, back, scalp and face.

The attack caused bruising and fractured his nose, right cheek, jaw and the bones around his right eye.

"Due to his level of intoxication, Mr. Boucher does not have an accurate recollection of his contribution to the assault that rendered Mr. Olson unconscious beyond what has been set out herein,” the statement says.

Boucher does admit to inflicting the final blows that knocked out Olson.

According to the document, Olson was rolled onto his side and into the recovery position by Boucher, who cleared his airway by hitting him on the back and confirmed he was breathing.

Olson's truck was then moved to the back of the building and various pieces of art were placed in it from the hotel.

The pair then moved Olson into the back of the truck, placed a pillow under his head, a coat over him and began driving to Whitehorse.

Olson was unconscious this whole time, the statement says.

Approximately 20 minutes into the drive, the pair pulled over on the side of the highway to check on Olson.

They discovered he had died.

Boucher then attempted CPR.

They drove the vehicle to the Wolf Creek subdivision of Whitehorse, where they dumped Olson's body in a ditch.

On their way away from the scene, the truck became stuck in the snow at the side of the road and the pair walked to the McRae subdivision, where they called a cab and proceeded downtown.

Olson's body was discovered by police on Dec. 27, 2004.

That same day, Boucher turned himself in to police. Lange turned himself in three days later.

The process was almost derailed again near the end of today's hearing when prosecutor John Phelps asked for an assessment to be ordered to see if the pair would qualify as either long-term or dangerous offenders.

Phelps told the court that prosecutors believe doctors will deem both men long-term offenders, meaning they are subject to longer prison terms.

That status is a part of the pair's deal with the prosecution, which will likely see the Crown suggest a sentence of around 10 years, the court heard.

Both defendants originally appeared to agree with the assessment order.

However, when questioned by the judge, Boucher, who was again in court without a lawyer, appeared uncertain.

Veale pointed out that agreeing to the assessment is no guarantee of receiving the long-term offender status.

It is also possible to be deemed a dangerous offender, the judge explained, a classification with life-long consequences.

Boucher appeared surprised that a dangerous offender status was a possibility.

After some discussion, he agreed to consent to the assessment provided he has the opportunity to appeal the results if he doesn't agree with the ruling.

The pair is next scheduled to appear in court on Jan. 17 to set a date for sentencing.

Comments (4)

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nancym on Nov 8, 2011 at 3:14 am

Throw the book at them!

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dg on Nov 7, 2011 at 6:08 am

It is funny that they can't remember how badly they beat him before he lost consciousness but then all of a sudden remembers that he rolled him into the recovery position and clears his airway?? This story is made up and and collaborated by each other only to get a lighter sentence. They beat a 60+ year man to death for drug money and should be given the harshes possible sentence not a lighter charge of manslaughter.

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bobby bitman on Nov 7, 2011 at 6:02 am

They rolled him on his side while they stole art work off the walls and went out to steal his pick up truck. What sweet hearts! I can see that Mr. Olson's well being was forefront in their minds and this truly was all a big accident.

Oh. Wait a minute, something just occurred to me. Why did they not call 911 or stop at the local RCMP station to get real help? Maybe because that would have gotten in the way of leaving for Whitehorse in the stolen truck with the stolen goods to obtain booze and drugs?

I do not believe for a second that Bob Olsen was of any concern other than they did not want him waking up and causing a ruckus about the beating and stolen goods and truck.

And one more thing, if they were on their way to the hospital to fess up, why did they push the 'dead body' out of the truck into a cold, snowy ditch?

It must be nice to have the luxury of making up the most flattering possible story about yourself without the inconvenience of the victim's story being heard.

And yes Melanie, I have a friend who was very familiar with one of the killers. I concur with your statements.

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Melanie on Nov 6, 2011 at 2:13 am

Manslaughter, really? And they make themselves look like good guys for making sure he's still breathing after they beat him unconscious... Wow. It's a small town, ask around and see what kind of upstanding citizens these 2 are, guarantee you won't hear a lot of good. Actually, witnessed one of them at his best myself. Quit letting losers like this make peoples lives miserable.

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