THUNDER BAY - A family member of Joseph Harry Pruys Sr. who was stabbed to death inside his home in 2018 told the court he wanted to see Charles Casmey, the man responsible, serve a just amount of time behind bars.
“Why is Joe gone? I keep thinking about this over and over and over,” the family member told the court. “Our family will get through this. Our hope going forward is that Casmey serves a lengthy sentence for this crime.”
Casmey was sentenced to 12.5 years in a Thunder Bay Courtroom on Friday.
With pre-sentence custody of 14 months, enhanced to 21 months, Casmey will serve an additional 10 years and eight months in custody.
Initially charged with second-degree murder, Casmey pleaded guilty to the lesser-included charge of manslaughter on Friday. He also entered a guilty plea for one count of assault causing bodily harm and one count of breach of recognizance.
Justice Bonnie Warkentin, who presided over several months of pre-trial hearings with counsel, said during her ruling that there is nothing the court can do to bring Pruys back and it can only acknowledge that his death never should have happened.
“The nature of the offence is being one of extraordinary violence that resulted in the death of Mr. Pruys,” she said. “He was the innocent victim of a very violent crime and did not deserve to die the way he did.”
Police were called to a McLaughlin Street residence in the early morning hours of Feb. 26, 2018 where the body of Pruys was found. A 25-year-old woman was also found injured inside the home.
According to the agreed statement of facts, Casmey was residing with his mother as part of a bail condition at the McLaughlin Street home. Also residing there was Pruys and the 25-year-old woman.
In the early morning hours of Feb. 26, 2018, Casmey and the woman were consuming alcohol and doing cocaine while renovating the basement. The two got into an argument that became physical and Casmey struck the woman, rendering her unconscious and causing bleeding from her face.
After regaining consciousness, the woman ran upstairs and called to Pruys for help and to call 911. Casmey entered Pruys bedroom with a knife and stabbed him 14 times.
Pruys suffered stab wounds to his chest, back, throat, and neck. A post-mortem examination determined he would have died within five to 10 minutes after the attack due to a transection of the right carotid artery, as well as stab wounds to the lungs, heart, and trachea.
The woman locked herself in another room and called 911 several times pleading for police to come, saying a murder had been committed and Casmey was going to kill her.
Casmey fled the residence before police arrived shortly before 6 a.m. A Canada-wide warrant was issued and Casmey was arrested on March 1, 2018 following a brief standoff outside a McTavish Street residence.
Sentencing submissions
Defense counsel and the Crown presented a joint sentencing submission with a recommended range of between 12 and 14 years in custody.
Nicole Rozier, who is representing Casmey, asked for a sentence of 12 years. She told the court that she did not want to downplay in anyway the tragedy of what happened the morning of Feb. 26, 2018.
“It’s very serious,” she said. “There is nothing I will say that should be taken to minimize the seriousness of what occurred.”
But Rozier said Casmey’s plea of guilt saved the court and the family a six to eight week trial originally scheduled to take place next year.
Rozier also referred to Casmey’s criminal history and while he does have convictions related to uttering threats and assault, he has not been convicted of a crime in the past nine years.
Casmey’s history of substance abuse was also referenced and Rozier said it played a role in the events of Feb. 26, 2018.
“I would say there is some evidence and an acknowledgement that drugs and alcohol were involved in the offence,” she said. “There is some circumstantial evidence that that has been a problem that has been ongoing.”
Crown attorney, Gordon Fillmore, who asked for a sentence of 14 years, called this crime exceedingly violent and carries a high level of moral culpability.
“This is not a case where the victim suffered for a long period of time,” he said. “There were defensive wounds. Pruys did what he could to defend himself, which tragically was not very much given he was attacked by a younger and quicker man. And being attacked simply because Mr. Pruys may have called 911.”
Fillmore referenced other aggravating factors including the fact that Casmey fled the scene after the attack and that at 63-years-old, Pruys could be considered a vulnerable victim.
Judge’s ruling
Warkentin said there were several aggravating and mitigating factors taken into consideration when determining the sentence.
Aggravating factors included the violent nature of the attack, that Pruys was attacked in his own home, that Casmey fled the scene, and that drugs and alcohol were involved.
Warkentin did acknowledge Casmey’s plea of guilt, saving the family and the court a potentially lengthy trial.
“Notwithstanding that I am the view that the sentence of 14 years is too high, I am of the view that a sentence of 12 years is too low,” Warkentin said. “I will be imposing a sentence of 12.5 years.”
Victim impact statements
Several family members of Pruys provided the court with victim impact statements, detailing how the loss of a father, grandfather, uncle, brother, and friend has had a profound and lasting impact.
“It is virtually impossible to express the pain my entire family and my dad’s family have gone through since he was murdered,” said Pruys’ daughter.
“The memory of our father, brother, partner, uncle, grandfather, and friend will live on but we will question every day how we will live without him,” she continued. “All you have left is jail. Every time your cell door slams shut, may it be a reminder of the life you took.”
Pruys’ son said the loss of his father has left a huge void in the family and things will never be the same.
“This isn’t a win for our family for we still face a tremendous loss and nothing will bring him back,” he said. “I never got to say goodbye and for that I will never forgive you.”
When given the opportunity to speak, Casmey spoke through his lawyer.
“Mr. Casmey would like it to be known by the court and everyone here today that there is no words he can say,” Rozier said. “There is no thing he can do in terms of actions that can take back what has happened.”
Casmey was also sentenced to 18 months for the count of assault causing bodily harm and six months for the count of breach of recognizance, which are to be served concurrently.
He is also facing a lifetime weapons prohibition, is to submit to a DNA order, and there is a no contact order for the 25-year-old assault victim.