THUNDER BAY - A man convicted of second-degree murder for the violent 2016 assault at a Simpson Street apartment that left 60-year-old George Gerard dead will learn next month how long he will remain behind bars.
Nicholas Necan was convicted by a jury of second-degree murder on Feb. 16 following a six day trial, during which several witnesses testified.
The incident took place on Jan. 28, 2016 at the Casablanca Apartment complex on North Simpson Street. Responding police officers testified during the trial that Necan was found in Gerard’s apartment striking him with a piece of wood. Gerard was transported to hospital where he was pronounced dead.
In a Thunder Bay Courtroom on Monday, defense attorney, Neil McCartney and Crown prosecutor, Gordon Fillmore, presented their sentencing submissions to Justice John Fregeau.
During his submission, McCartney said he understood that murder is a serious charge and carries with it a mandatory life sentence without the possibility of parole for a minimum of 10 years.
McCartney asked Justice Fregeau not to increase the 10 year parole ineligibility for Necan.
“Mr. Necan’s moral culpability when placed alongside other second-degree murder, is not high,” McCartney said.
During the course of the trial, McCartney argued Necan was too intoxicated at the time of the incident to willfully commit murder. He asked the jury instead to find Necan guilty of manslaughter.
“He never denied the responsibility of a serious crime in causing the death of Mr. Gerard,” McCartney said.
McCartney conceded that the beating of Gerard was brutal and sustained, but cited another second-degree murder case involving firearms that only resulted in 12 years of parole ineligibility for the offender.
“It could be argued that this was a more brutal murder because it had to be sustained as opposed to a gunshot,” Justice Fregeau interjected during McCartney’s submission.
A pre-sentencing and Gladue report were also presented to the court and McCartney cited several past circumstances of Necan’s life, including being exposed to alcohol, substance, abuse, and violence at an early age in the home.
The Crown is asking Justice Fregeau to impose a sentence of 15 years parole ineligibility. Fillmore said the nature of the assault against Gerard, as well as forensic evidence that indicated it took place for an extended period of time, demonstrates the brutal nature of the attack.
“It was, as my friend conceded, a brutal and sustained beating,” he said. “Those minutes of Mr. Gerard’s life must have been awful.”
Prior to sentencing submissions, the court heard several victim impact statements from family members of Gerard.
His stepdaughter, April Genno, who read her statement in person to the court, said the loss of her father has had a prolonged and profound impact on her and her family.
“It always felt like I had a lump in my throat and I was about to burst into tears at any time,” she told the court. “I love my dad. He didn’t deserve this. We don’t deserve this. You created a dark space for me and my family to live with.”
“I hope wherever you go, you think for the rest of your life what you did,” Genno said to Necan.
After sentencing submissions, Necan was provided an opportunity to address the court. He spoke softly while facing Justice Fregeau.
“I am truly, deeply sorry for what I have done,” he said. “I dream about him every day. He will always be a part of me.”
Justice Fregeau said he would like to take some time to review the sentencing submissions before determining what sentence should be carried out against Necan. The matter has been adjourned until May 9.
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.
