CHARLOTTETOWN, P.E.I. — As Cody MacLean’s family lives with what they say feels like a life sentence, the man who fatally stabbed him will have to wait to hear how long he’ll spend in prison.
Logan Raymond Kenneth MacAusland, 20, appeared before Chief Justice Tracey Clements in P.E.I. Supreme Court Friday for sentencing after previously pleading guilty to second degree murder.
MacAusland sat at the defence table, his wrists and legs shackled, as he listened to proceedings that included a joint sentencing recommendation of life in prison with no chance of parole for 10 years.
He also heard MacLean’s mother’s victim impact statement that said she didn’t know how to put her feelings into words.
“No parent should ever have to lose a child,” she said in her statement.
During the proceedings, Crown attorney Nathan Beck read an agreed statement of facts detailing the events leading up to the fatal stabbing on Spring Street in Charlottetown on Feb. 5.
The court heard MacAusland chased down MacLean, punched him repeatedly and stabbed him after the victim ran off with methamphetamine the accused had planned to use in a drug transaction.
During the attack, MacAusland stabbed MacLean seven or eight times hitting the victim’s liver, kidneys and lungs along with a fatal wound to the man’s heart.
MacAusland then reached into MacLean’s jacket, took the drugs and fled on foot.
When the police were arresting MacAusland, he head-butted one of the officers before biting him twice in the forehead.
Later at the police station, MacAusland punched a different officer in the head and spit on two others.
During Friday’s proceedings, MacLean’s brother read two victim impact statements, including one from their mother in which she described the victim as a funny, great son who was also a great father to a two-year-old boy.
In her statement, the woman said she had MacLean’s remains cremated but not buried yet.
“I cannot bring myself to put his ashes in the ground,” she said.
MacLean’s mother wrote that every day she goes through the motions of getting up and getting dressed.
“I feel like I am serving a life sentence.”
A Gladue report, which is a type of specialized pre-sentence report for Aboriginal offenders, was prepared for MacAusland who is a member of the Lennox Island First Nation.
Beck said that report painted a picture of a young person with no support who was surrounded by drug and alcohol use.
He also said MacAusland showed an inability to control his anger.
'I DID NOT MEAN FOR THIS TO HAPPEN'
After the defence and Crown finished their submissions, MacAusland asked to address the court from the witness stand so he could face MacLean’s family sitting in the public gallery.
Speaking slowly and pausing often, MacAusland, who held an eagle feather in his hand that his lawyer said meant that he could only speak the truth, told the court he didn’t wake up that day thinking he was going to kill MacLean.
“I did not mean for this to happen,” he said.
MacAusland talked about growing up full of hate but later said he wasn’t asking for pity.
“I don’t give a shit about that. I don’t want that.”
At one point during MacAusland’s remarks, a woman who was with MacLean’s family, left the courtroom, slamming the door open as she went.
His lawyer, Trish Cheverie, tried to stop MacAusland from saying anything further.
MacAusland told the court he felt entitled to continue speaking, but after Clements stopped the proceedings to give him a chance to talk to his lawyer outside the courtroom, the accused returned and stood at the defence table.
He then made only a few more remarks, including saying, “I’m sorry.”
Clements adjourned the matter until Dec. 4, saying she needed time to reflect on the submissions.
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