Man convicted in unprovoked hammer attack on Winnipeg teen argues for lower sentence
A man convicted of an unprovoked hammer attack on a teenager who was getting pizza told court he should be given a lower sentence because he is not a killer.
Jerry Kipling, 31, was found guilty earlier this year in the 2020 attack that left the 15-year-old boy with the hammer's claw lodged in his skull.
The Crown, calling the attack vicious and cowardly, has asked Kipling be sentenced to 12 years in prison. The defence is asking for eight years.
Kipling did not express remorse when he was given a chance to speak during Wednesday's sentencing hearing. Instead, he argued the sentences being proposed are far too long and suggested he be given no more than two years, plus two years of probation.
"Twelve years is kind of a long time," Kipling said in court. "This isn't a murder case, for one. There's guys that aren't even getting that long for murder cases."
Provincial court Judge Murray Thompson reserved his decision until the summer.
Court heard the teen was ordering pizza slices in a shop in May 2020 and had a brief conversation with a man in a blue shirt. An agreed statement of facts said an employee saw the teen and the man getting along as the man showed the boy items in his backpack.
But when the teen left the restaurant, it said, the man followed him and hit him in the head with the hammer claw.
Court heard that Kipling didn't help the boy. He grabbed the hammer's handle, which had broken off, and left.
"(The teenager) walked into that Pizzarama a healthy young man with his entire future ahead of him," said Crown prosecutor Ari Milo.
"He left with life-altering injuries."
Court heard the boy spent weeks in hospital and requires more surgeries. He has lost function of his right arm and has a stutter. He must wear a helmet to protect his brain where the skull was damaged and removed.
The teen's victim impact statement, read into court, said he thought it was just going to be a regular day.
"As soon as I turned my back on him, he lunged at me with a hammer," the boy's statement said. "I was just laying there fighting for my life."
A statement from the teen's aunt said he will never have a normal life. She said her nephew is lonely, depressed and the whole family is fearful due to the violent attack.
"Jerry Kipling stole my nephew's teen years," the aunt said.
Crown lawyers argued that Kipling's sentence must be long because he has a history of unexplainable brutal attacks.
He has four previous convictions for violence, including slashing his own aunt and cousin with a knife in 2015.
"The vicious and cowardly assault on (the teenage boy) was not an aberration," Milo told court. "This is who Jerry Kipling is: a violent unrepentant offender at the highest level of dangerousness."
Defence lawyer Mike Cook said his client had a difficult upbringing and suffers from the intergenerational impacts of residential schools. Cook said Kipling grew up in abject poverty and didn't have structure or stability in his life.
He began drinking and using drugs at a young age. Court heard Kipling was doing methamphetamine at the time of the attack.
Cook said Kipling has expressed remorse in conversations with him.
"I would never lose hope that Mr. Kipling can rehabilitate himself."
This report by The Canadian Press was first published June 17, 2021.
Winnipeg Top Stories
CTVNews.ca Top Stories
After the most expensive election in Canadian history resulted in little change politically, many are asking whether it was worth the $610-million price tag and where else that money could have been spent.
Inside hospitals across Saskatchewan, which has one of the lowest vaccination rates in the country, health-care workers are reporting a worsening crisis, with record-breaking COVID-19 hospitalizations pushing the health-care system to the brink.
The boyfriend of Gabby Petito, whose body was found at a national park in Wyoming after a cross-country trip with him, was charged with unauthorized use of a debit card as searchers continued looking for him Thursday in Florida swampland.
The corporate entities of SNC-Lavalin Inc. and SNC-Lavalin International Inc., as well as two former senior executives of the Quebec-based firms have been charged with a series of fraud and forgery offences by the RCMP.
Canada saw only a slight increase in the volume of foreign nationals entering the country in the first week after the border opened to those who are fully vaccinated against COVID-19.
Ont. mother camping outside premier's office will have her son's autism file looked at, minister says
An Ontario mother, who had been holding a one-woman protest for the past week to try to get help with her son's autism care, will finally have her file looked at after a call from the social services minister.
British actor Tom Felton, known for his portrayal of Draco Malfoy in the 'Harry Potter' movies, collapsed while playing a celebrity golf exhibition Thursday at the Ryder Cup.
South Korea's call to declare a formal end to the Korean War is premature as there is no guarantee it would lead to the withdrawal of the 'U.S. hostile policy' toward Pyongyang, North Korea state media KCNA reported on Friday, citing Vice Foreign Minister Ri Thae Song.
A gunman attacked a grocery store in an upscale Tennessee suburb on Thursday afternoon, killing one person and wounding 12 others before he was found dead of an apparent self-inflicted gunshot wound at the store, authorities said.
Saskatchewan broke COVID-19 hospitalization records again on Thursday, reporting 273 patients in hospital with 58 in intensive care.
A Saskatoon judge has ruled in favor allowing a father to have his child vaccinated despite the mother being opposed to her child getting the shot.
Am RCMP officer who interrogated a man accused of murdering his estranged wife remembers a “red flag” during the interview.
'Unbelievably heartbreaking': Sask. nurse left waiting for transplant as province suspends organ donation program
Krystal Graham has been on the liver transplant waitlist for about a year. Now, she says she is concerned COVID-19 will delay her life-saving surgery even longer.
The Melville Millionaires have postponed hockey games until further notice after a positive COVID-19 case associated with the team.
Six-year-old Nygah Eashappie is pretty subdued about his newfound fame. The Regina boy is the latest to model in advertisements for local clothing brand; 22Fresh.
Some Calgary businesses say while the new city vaccination bylaw doesn't change what they do, it does ease some of the pressure on front line staff.
Alberta reported 1,660 new cases of COVID-19 and 17 new deaths on Thursday.
Two Calgary women are speaking out after they were denied access into medical facilities because of their vaccination statuses.
Alberta reported 1,660 new cases of COVID-19 and 17 new deaths on Thursday.
A new Edmonton company is hoping to capitalize on the city's latest garbage pickup strategy.
While five front-running mayoral candidates faced off in a forum Thursday afternoon the other candidate, Mike Nickel was serving hot dogs in the parking lot of his campaign office.
An Ontario man who had a faulty gas metre and racked up at $1,000 bill says was shocked when the was told he would still have to pay the bill.
Someone in Ontario won more than $21 million in Wednesday’s LOTTO 6/49 draw but has yet to check their ticket.
Unvaccinated MPPs could be prevented from entering Queen’s Park when the legislature resumes in October unless they get tested for COVID-19.
After just a few hours of debate, Quebec's National Assembly voted unanimously Thursday evening to pass a new bill that would prohibit anti-vaccine protesters from demonstrating near schools, daycares, and hospitals -- an offence punishable by a fine of up to $12,000.
Quebec kids were at the heart of a heated exchange Thursday over language laws -- specifically, English-speaking kids and whether they're really leaving school with functional French.
Amid major staff shortages, Quebec will cut large cheques to health-care workers in a bid to strengthen a public network put under serious pressure by the pandemic.
Officers were sent to the home on Rue Dunkerque in Aylmer, Que. just after 2 p.m. Wednesday to carry out a "well-being check."
The hospital has announced that starting Monday, it will require proof of vaccination for visitors entering the hospital.
As of Wednesday, 95 per cent of employees at the Kingston Health Sciences Centre have met the first dose requirement.
An investigation into the shooting of a white cow moose in northern Ontario last fall has been closed and officials say no charges will be laid.
A 17-year-old from Greater Sudbury has been charged with attempted murder in connection with the stabbing of a woman downtown last week.
CTV News has learned Timmins police have a suspect in custody after one person was killed and two others were injured in a shooting in Schumacher overnight.
The first twenty-four hours following New Brunswick's rollout of new pandemic restrictions have been rocky for some of the businesses tasked with enforcing the new rules.
Health officials in Nova Scotia are reporting the province’s 95th death related to COVID-19, along with 41 new cases and 20 recoveries on Thursday, as the number of active cases in the province rises to 147.
Health officials in New Brunswick are reporting 52 new cases of COVID-19 on Thursday, along with 35 recoveries, as the number of active cases in the province rises to 574.
A former Kitchener MP has pleaded guilty to assault charges.
Although many businesses in Waterloo Region say the vaccine certificate program has been running smoothly so far, they're prepared for that to change.
Former Nazi death-squad member Helmut Oberlander has died in the midst of his Canadian deportation hearing.
The Vancouver Canucks are banking on the capacity limits at Rogers Arena being lifted in time for the regular season home opener.
In a significant upset, the long-time Conservative incumbent in Richmond Centre has lost her seat to a political newcomer, according to the CTV News Decision Desk.
A possible loophole in B.C.’s vaccine card registration system is making the rounds on social media.
The cases were among 832 new cases found in B.C. over the past 24 hours, according to the Ministry of Health.
The president of the Cedar Hill Golf Club says a report from District of Saanich staff recommending changes to the operation df Cedar Hill Golf Course will hurt the club and its members.
Health officials on Vancouver Island have declared clusters of COVID-19 at four more schools in the South Island. There are now five active clusters at schools in the region.