Judge approves 3½-year sentence for fatal Elsipogtog stabbing
Members of Alexander Peters say they are disappointed with the sentence the man who killed the 36-year-old received Friday.
Peters was fatally stabbed Oct. 7, 2022, in Elsipogtog First Nation.
On Friday, Court of King's Bench Justice Christa Bourque sentenced Nibogtoog Leonard Francis to 3½ years in prison. But with credit for time he's already spent in custody, he'll have about 13 months left to serve.
"I feel it's not fair," Nancy Clair, Peters's aunt, told reporters.
Family members say the sentencing doesn't really bring much closure for them.
It's a sentence that Crown prosecutors and Francis's defence lawyer had recommended.
Francis was sentenced Friday in Moncton's Court of King's Bench by Justice Christa Bourque. (Shane Magee/CBC)
The judge noted that the Supreme Court of Canada has ruled judges should follow joint recommendations unless it is contrary to the public interest or would bring the justice system into disrepute.
After reviewing various factors in the case, including the guilty plea and an expression of remorse from Francis, the judge said she's satisfied the sentence is appropriate.
"It is a sufficiently significant period of time of incarceration so to denounce the unlawful conduct of Mr. Francis and significant harm to both the victim and community at large," Bourque said.
On Thursday, the Crown read an agreed statement of facts to the judge outlining what Francis admits.
The judge heard that Peters and his girlfriend had entered Francis's home while the man wasn't there.
When he returned, the three consumed drugs and traded accusations of theft.
Nibogtoog Francis's father, Harvey Francis, was asked to go to the home to help deal with a break-in. The son was armed with a large knife and the father with a metal baseball bat when they confronted Peters and his girlfriend.
In the ensuing fight, Nibogtoog Francis stabbed Peters multiple times. His jugular vein was severed, killing him.
The father and son were charged with second-degree murder. They were to stand trial later this year. The charge against Harvey Francis was dropped in March as Nibogtoog Francis pleaded guilty to the lesser charge of manslaughter.
Nibogtoog Francis apologized Thursday to members of Peters's family in court.
His lawyer, Gilles Lemieux, told the judge that Francis hopes to resume working in the fishing industry once his sentence is complete.
Lemieux said Francis had struggled with addiction since he was young, but has been sober while in custody.
On Friday, the judge finished reading her decision and turned to Francis.
"I really hope that you work hard to reach the goals that you set for yourself," Bourque said, adding she hopes he takes advantage of any services and remains sober.
"Yes," he said to the judge, smiling.
