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Crown says life with 15-year parole eligibility suitable for former B.C. Lions player

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VANCOUVER — A former Canadian Football League wide receiver who viciously beat his ex-girlfriend, choked her to death, then staged the scene to make it look like an accident, should be sentenced to life in prison without a chance of parole for at least 15 years, a Crown prosecutor says.

Brendan McCabe told B.C. Supreme Court that Joshua Boden tossed pills around Kimberly Hallgarth’s body, put some in her mouth and then stuffed it with socks as she lay dying at the bottom of the stairs at her home in Burnaby.

“We don’t even know how Ms. Hallgarth ended up at the bottom of the stairs,” McCabe said at the sentencing hearing Thursday.

GRAPHIC WARNING: The following details may be disturbing for some readers.

McCabe said Boden stomped on the woman’s neck and chest while she was unconscious, tore out her fingernails, moved her body and wiped it with a towel before removing two garbage bags, which he suggested contained items related to the crime.

He called the murder “blunt, brutal and horrific” and said photos of the injuries endured by a vulnerable woman were the most shocking he’d seen in his career and had been inflicted by a “large, powerful man” who has not shown remorse.

Boden, 35, was found guilty last fall of second-degree murder in the 2009 death of 33-year-old Hallgarth in the home the court heard was a sanctuary she shared with her three-year-old daughter.

Boden walked into court Thursday dressed in a dark suit and stared directly at Hallgarth’s family in the gallery before taking a seat in the prisoner’s box, where he flipped through some documents.

McCabe said Hallgarth sent photos of her injuries from a previous assault and damage to her car to then Lions coach Wally Buono, and Boden blamed her for ending his football career.

He said that while Boden maintains the racism he experienced as a Black person growing up in North Vancouver should be considered as a contributing factor at sentencing, there was no link to the crime.

McCabe presented a report from a psychologist showing Boden said he and his brother were the only two Black students at their school but that he was popular among his friends.

This would be the second time race and culture have been cited as factors at a sentencing hearing in British Columbia, he said. The judge in the first case did not accept it, he added.

A second-degree murder conviction carries a life sentence of 25 years but parole eligibility can be set starting at 10 years.

Kevin Westell, Boden’s defence lawyer, asked that he serve 12 years before being eligible.

Boden’s experience of systemic racism, poor role modelling from his parents, sexual abuse by an older woman, along with his ADHD and dyslexia put him at a disadvantage, Westell said.

“There’s not a direct link, but there’s an indirect link,” he said of the murder. “It’s not meant to excuse or condone the offence that was committed.”

While McCabe said Boden had been “pimping out” the mother of his two sons since she was 16, Westell said the woman had said in a statement that sex work was her choice. Westell said Boden also did sex work for income.

He was described by his children’s mother as a “good father”, Westell said, and his current girlfriend and brother would support him whenever he is released from prison.

Hallgarth’s family has described her as a bubbly and caring person who deeply loved being a mother to her daughter Hailey.

Vida Miller, Hallgarth’s former mother-in-law, told the court in a victim impact statement that she is caring for her granddaughter outside of B.C., and that the now teenager’s life has forever been impacted by the torture her mother endured before she died.

She said Hailey returned home with her nanny the day her mother was killed but the woman could not open the door because Hallgarth’s body was blocking it.

The discovery of Hallgarth’s body had the nanny “screaming and crying in terror,” Miller told court over video link.

“Knock on the door, Nanna, knock on the door,” is what the little girl insisted at the time, she said, adding Hailey still can’t sleep without the lights on.

Hailey told court she would do anything just to have a conversation with her mother.

“He took the world from me,” she said via video link. “He took a piece of my life that I can never get back.”

Justice Arne Silverman told them both that their words were important for the public to know.

“I promise you that I’ll keep in mind what you read to me,” he said. “l’ll never forget it.”

Boden played for the B.C. Lions in 2007 but was released by the team in 2008 and signed with the Hamilton Tiger-Cats, although he never played a regular-season game with that team before he was cut.

He waived his right to address the court on Thursday and has maintained his innocence.

The sentencing hearing is set to resume on June 24, when Silverman is expected to announce his decision on parole eligibility.

This report by The Canadian Press was first published June 16, 2021.

 

Camille Bains, The Canadian Press

 

Note to readers: This is a corrected story. An earlier version said the Crown asked for 12 to 15 years for parole eligibility.

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RCMP end latest N.B. search regarding teenage girl who went missing in 2021

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BATHURST, N.B. – RCMP in New Brunswick say a weekend ground search for evidence related to the disappearance of a teenage girl in 2021 didn’t reveal any new information.

In an emailed statement, the RCMP said 20 people participated in the search for evidence in the case of Madison Roy-Boudreau of Bathurst.

The release said the search occurred in the Middle River area, just south of the girl’s hometown.

Police have said the 14-year-old’s disappearance is being treated as a homicide investigation.

The RCMP said the search “did not reveal any new information regarding the circumstances of her disappearance.”

There are no plans for another search until police receive a tip or a lead pointing to a new search area.

This report by The Canadian Press was first published Oct. 21, 2024.

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Man Tasered after trespassing in Victoria school, forcing lockdown

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VICTORIA – A middle school in Victoria was forced into a lockdown after a man entered the building without permission, and police say they had to use a stun gun to make an arrest.

Victoria police say officers received multiple calls around noon on Monday of an unknown male entering Central Middle School, leading staff to set off emergency procedures that put the building under lockdown.

Police say its emergency response team arrived within minutes and found the suspect, who “appeared to be in a drug-induced state,” in the school’s library.

A statement from police says the suspect resisted arrest, and officers had to use a Taser to subdue the man.

He’s being held by police and has been assessed by emergency medical staff.

Police say the man was not armed and there were no continuing safety concerns for students and staff following the arrest.

This report by The Canadian Press was first published Oct. 21, 2024.

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B.C. Greens’ ex- leader Weaver thinks minority deal with NDP less likely than in 2017

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VANCOUVER – Former B.C. Green leader Andrew Weaver knows what it’s like to form a minority government with the NDP, but says such a deal to create the province’s next administration is less likely this time than seven years ago.

Weaver struck a power-sharing agreement that resulted in John Horgan’s NDP minority government in 2017, but said in an interview Monday there is now more animosity between the two parties.

Neither the NDP nor the B.C. Conservatives secured a majority in Saturday’s election, raising the prospect of a minority NDP government if Leader David Eby can get the support of two Green legislators.

Manual recounts in two ridings could also play an important role in the outcome, which will not be known for about a week.

Weaver, who is no longer a member of the Greens, endorsed a Conservative candidate in his home riding.

He said Eby would be in a better position to negotiate if Furstenau, who lost her seat, stepped aside as party leader.

“I think Mr. Eby would be able to have fresh discussions with fresh new faces around the table, (after) four years of political sniping … between Sonia and the NDP in the B.C. legislature,” he said.

He said Furstenau’s loss put the two elected Greens in an awkward position because parties “need the leader in the legislature.”

Furstenau could resign as leader or one of the elected Greens could step down and let her run in a byelection in their riding, he said.

“They need to resolve that issue sooner rather than later,” he said.

The Green victories went to Rob Botterell in Saanich North and the Islands and Jeremy Valeriote in West Vancouver-Sea to Sky.

Neither Botterell nor Valeriote have held seats in the legislature before, Weaver noted.

“It’s not like in 2017 when, you know, I had been in the (legislature) for four years already,” Weaver said, adding that “the learning curve is steep.”

Sanjay Jeram, chair of undergraduate studies in political science at Simon Fraser University, said he doesn’t think it’ll be an “easygoing relationship between (the NDP and Greens) this time around.”

“I don’t know if Eby and Furstenau have the same relationship — or the potential to have the same relationship — as Horgan and Weaver did,” he said. “I think their demands will be a little more strict and it’ll be a little more of a cold alliance than it was in 2017 if they do form an alliance.”

Horgan and Weaver shook hands on a confidence-and-supply agreement before attending a rugby match, where they were spotted sitting together before the deal became public knowledge.

Eby said in his election-night speech that he had already reached out to Furstenau and suggested common “progressive values” between their parties.

Furstenau said in her concession speech that her party was poised to play a “pivotal role” in the legislature.

Botterell said in an election-night interview that he was “totally supportive of Sonia” and he would “do everything I can to support her and the path forward that she chooses to take because that’s her decision.”

The Green Party of Canada issued a news release Monday, congratulating the candidates on their victories, noting Valeriote’s win is the first time that a Green MLA has been elected outside of Vancouver Island.

“Now, like all British Columbians we await the final seat count to know which party will have the best chance to form government. Let’s hope that the Green caucus has a pivotal role,” the release said, echoing Furstenau’s turn of phrase.

The final results of the election won’t be known until at least next week.

Elections BC says manual recounts will be held on Oct. 26 to 28 in two ridings where NDP candidates led B.C. Conservatives by fewer than 100 votes after the initial count ended on Sunday.

The outcomes in Surrey City Centre and Juan de Fuca-Malahat could determine who forms government.

The election’s initial results have the NDP elected or leading in 46 ridings, and the B.C. Conservatives in 45, both short of the 47 majority mark in B.C.’s 93-seat legislature.

If the Conservatives win both of the recount ridings and win all other ridings where they lead, Rustad will win with a one-seat majority.

If the NDP holds onto at least one of the ridings where there are recounts, wins the other races it leads, and strikes a deal with the Greens, they would have enough numbers to form a minority government.

But another election could also be on the cards, since the winner will have to nominate a Speaker, reducing the government’s numbers in the legislature by one vote.

Elections BC says it will also be counting about 49,000 absentee and mail-in ballots from Oct. 26 to 28.

The NDP went into the election with 55 ridings, representing a comfortable majority in what was then an 87-seat legislature.

Jeram, with Simon Fraser University, said though the counts aren’t finalized, the Conservatives were the big winners in the election.

“They weren’t really a not much of a formal party until not that long ago, and to go from two per cent of the vote to winning 45 or more seats in the B.C. provincial election is just incredible,” he said in an interview Monday.

Jeram said people had expected Eby to call an election after he took over from John Horgan in 2022, and if he had, he doesn’t think there would have been the same result.

He said the B.C. Conservative’s popularity grew as a result of the decision of the BC Liberals to rebrand as BC United and later drop out.

“Had Eby called an election before that really shook out, and maybe especially before (Pierre) Poilievre, kind of really had the wind in his sails and started to grow, I think he could have won the majority for sure.”

He said he wasn’t surprised by the results of the election, saying polls were fairly accurate.

“Ultimately, it really was a result that we saw coming for a while, since the moment that BC United withdrew and put their support behind the conservatives, I think this was the outcome that was expected.”

— With files from Darryl Greer

This report by The Canadian Press was first published Oct. 21, 2024.

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