THUNDER BAY – A man convicted of second-degree murder in the brutal beating death of 60-year-old George James Gerard will spend the next 13 years behind bars.
Nicholas Necan appeared in a Thunder Bay Courtroom on Monday where Justice John Fregeau handed down his sentence.
“Mr. Gerard was brutally and senselessly beaten to death over a period of 45 minutes to an hour while minding his own business in his apartment,” Justice Fregeau said while delivering his sentence.
“In my opinion, taking these concepts into account, together with the background of the accused in the context of Gladue and the jury recommendations, it is fit and just that the accused’s period of parole ineligibility be increased beyond 10 years and set at 13 years.”
A jury found Necan guilty of second-degree murder in February after a six-day trial. A conviction of second-degree murder carries with it an automatic life sentence with no possibility of parole for at least 10 years and a maximum of 25 years.
Following the verdict, the jury submitted parole recommendations that included four jurors submitting no recommendation, three submitting 15 years, two submitting 18 years, two submitting 20 years, and one submitting 25 years.
The incident took place on Jan. 28, 2016 at the Casablanca Apartment complex on Simpsons Street where Gerard was living.
Thunder Bay Police Service officers who responded to the scene testified they witnessed Necan beating Gerard with a piece of wood inside his apartment.
During sentencing submissions, defense attorney, Neil McCartney, requested a period of parole ineligibility of no more than 10 years, citing Necan’s moral culpability was not high and he argued during the trial that he was too intoxicated to willfully commit second-degree murder.
Crown prosecutor, Gordon Fillmore, argued the brutal and violent nature of the assault that left Gerard with more than 90 injuries to his head, face, neck, and hands calls for a period of parole ineligibility beyond the minimum 10 years and asked Justice Fregeau to impose a sentence of 15 years.
Justice Fregeau said he took several factors into consideration when determining his sentence, including Necan’s upbringing, which included early exposure to drugs and alcohol, as well as violence in the home. However, he also pointed to the violent nature of the crime, the sustained beating Gerard suffered, and the significant and lasting impact his death has had on family members as outlined in three victim impact statements submitted to the court.
“Balancing the character and background of the accused and his diminished level of blameworthiness as a direct result of Gladue factors, with the circumstances surrounding the commission of the offence, I do not accept that a 10 year period of parole ineligibility is fit in the circumstances of this offender and this offence,” Fregeau said.
At the sentencing hearing in April, Necan addressed Gerard’s family, saying he was truly and deeply sorry for what he had done, which Fregeau also took into consideration when reaching his decision.
“He expressed remorse during the trial and during the sentencing hearing,” Fregeau said. “I have no reason to believe it is not sincere.”
Necan will also be required to submit a DNA sample, pay a victim fine surcharge of $200 within 12 months, and has a lifetime weapons prohibition in place. Any pre-trial custody will be credited against Necan’s 13 year parole ineligibility.
Complete coverage of the Nicholas Necan trial
Day one: Murder trial opens for 2016 death of George Gerard.
Day two: Responding officer testifies at Necan trial.
Day three: Blood suspected from victim found on alleged assailant.
Day four: Attack left murder victim with multiple facial fractures, court hears.
Day five: Necan testified in own defense at second-degree murder trial.
Day six: Necan too drunk to have intent to kill: lawyer.
Verdict: Necan found guilty of second-degree murder.
Sentencing hearing: Necan to be sentenced next month.
