Author Topic: Life loophole for killer  (Read 1307 times)

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Life loophole for killer
« on: November 15, 2009, 12:54:03 AM »
Only in Canada would this happen!!!!!!!!!!!!!!!!!  ??? ??? ??? ???

Proud of your son now are ya Mama Bourne?

Three cheers for writer Joe Warmington!!!! :) :) :)



Life loophole for killer

Pleads guilty to 2nd-degree murder

By JOE WARMINGTON

Last Updated: 14th November 2009, 4:45am

BRAMPTON -- You hear the one about the guy who shot to death an innocent man but won't be tried for first-degree-murder thanks to a technicality that creates difficulty for the Crown to prove the act was premeditated?

Instead, already on a firearms ban and on parole for gun offences, 24-year-old Andre Bourne pleaded guilty yesterday before Mr. Justice Thomas Dunn to the more lenient charge of second-degree murder for the gutless gunning down of Ronell Williams on Sept. 9, 2007 outside a birthday party on Salisbury Circle in Brampton.

The Crown's hands were tied since the way the criteria to gain a first-degree-murder conviction is written, it would have made the prospect of a conviction risky.

Instead, the Crown has accepted second-degree and is now going for a stiff sentence.

Still, it was Christmas Day for Bourne who may now actually get a third chance at freedom!

There will be no more chances for 27-year-old Chrysler worker Williams. The six shots that tore into him took care of his future.

CAUGHT RED-HANDED

If only the legal system would have taken Bourne's violent behaviour more seriously in his first two major court appearances: One of those cases involved being caught red-handed with a firearm and later caught by Sun photographer Dave Thomas.

Bail or parole doesn't seem to matter to Bourne, who has been caught several times heavily armed, despite being ordered by the court to not have guns.

Hopefully, this time the judge will say enough is enough and throw the book at him.

However, the March 11, 2010 suggested sentencing date was moved to April 16 after the judge said "unless you want to move the hearing to Phoenix" or get permission from his "wife."

Funny stuff for lawyers but not as much so for Williams' family, sitting in court. There is no getaway from this for them.

The case is also not funny since it was presented to the court that Williams, not realizing there was a robbery of two of his friends under way, had appealed for them to take the disagreement away from the porch before heading to his car with the intention of driving home.

Bourne "turned his attention" away from the robbery victims and "followed Mr. Williams" the "60 feet" to his car and "shot Mr. Williams six times, causing six wounds in upper chest and torso" and "death due to massive blood loss."

SAT STUNNED

It was a chilling set of facts followed by a beyond-the-pale assertion by Bourne, through his highly skilled counsel Edward Sapiano, that he did this because he "foolishly and erroneously" thought Williams was going for a gun, despite the fact that Williams had never once had any contact with police.

"Just understand we don't accept any of that whatsoever," veteran Crown attorney Steve Sherriff adamantly told the judge about Bourne's explanation, as the victim's family and members of Peel police sat stunned in the courtroom.

Somewhere in between the murderer's lame excuse, the fact that first-degree murder doesn't apply, to his sentencing being pushed to April to accommodate the judge's winter vacation, something occurred to me.

Who is going to explain all of this madness to seven-year-old Tatianna, who doesn't have a father anymore?

"She worries that she is going to forget the sound of her father's voice," said Ronell's sister, Katty Pearson. "This has been very difficult on her."

You think this guy Bourne cares? He never once looked over at the suffering kin.

"He seems so cold," said Williams' cousin Hazelann Alphonso. "It's like he's not human."

But he's not the only one to blame here. Our justice system is also culpable as illustrated so well in the agreed statement of facts, read into the court by the legendary Sherriff: "The defendant was on parole at the time of this homicide and had been released from jail slightly over two months earlier. He had been convicted in Toronto on Feb. 8, 2006 on charges of pointing a firearm, possession of a prohibited or restricted firearm and ammunition, assault with a weapon and unauthorized possession of a firearm in a vehicle."

For committing these crimes with "loaded .45-calibre and .38 calibre handguns, "his global sentence had been two years and three months."

Each time, after serving laughable time, the court set Bourne free!

So how about this time? The Crown will argue the figure should be at least 18 years before he is eligible for parole, while the defence will try for as little as 13. Why not 25 years, Mr. Justice Dunn?

You do have the authority. And if ever a guy deserved it!

This story is so frustrating because there is nothing Sherriff and the detectives inside the Peel homicide squad would love more than to try this creep on first-degree murder.

But as Sherriff explained to the court, because of "technical applications" it turns out proving this in court is not as much a slam dunk as people might think.

Strangely, if Bourne had killed either of the two people he held up, they could nail him on the forcible confinement threshhold to get to first-degree murder.

But instead, after Bourne intervened, the shooter turned his focus from these men, walked "60 feet" toward Williams who was sitting in his car and shot him six times. This apparently is not considered premeditated and is not considered first-degree murder!

William's sister Katty says she's pretty sure six gunshots shows a planned attempt to kill! "It's crazy."

Apparently not in Ontario!

JOE.WARMINGTON@SUNMEDIA.CA