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.
CTVNews.ca Top Stories
'They needed people inside Air Canada:' Police announce arrests in Pearson gold heist
Police say one former and one current employee of Air Canada are among the nine suspects that are facing charges in connection with the gold heist at Pearson International Airport last year.
House admonishes ArriveCan contractor in rare parliamentary show of power
MPs enacted an extraordinary, rarely used parliamentary power on Wednesday, summonsing an ArriveCan contractor to appear before the House of Commons where he was admonished publicly and forced to provide answers to the questions MPs said he'd previously evaded.
Leafs star Auston Matthews finishes season with 69 goals
Auston Matthews won't be joining the NHL's 70-goal club this season.
Trump lawyers say Stormy Daniels refused subpoena outside a Brooklyn bar, papers left 'at her feet'
Donald Trump's legal team says it tried serving Stormy Daniels a subpoena as she arrived for an event at a bar in Brooklyn last month, but the porn actor, who is expected to be a witness at the former president's criminal trial, refused to take it and walked away.
Why drivers in Eastern Canada could see big gas price spikes, and other Canadians won't
Drivers in Eastern Canada face a big increase in gas prices because of various factors, especially the higher cost of the summer blend, industry analysts say.
Doug Ford calls on Ontario Speaker to reverse Queen's Park keffiyeh ban
Ontario Premier Doug Ford is calling on Speaker Ted Arnott to reverse a ban on keffiyehs at Queen's Park, describing the move as “needlessly” divisive.
'A living nightmare': Winnipeg woman sentenced following campaign of harassment against man after online date
A Winnipeg woman was sentenced to house arrest after a single date with a man she met online culminated in her harassing him for years, and spurred false allegations which resulted in the innocent man being arrested three times.
Woman who pressured boyfriend to kill his ex in 2000s granted absences from prison
A woman who pressured her boyfriend into killing his teenage ex more than a decade ago will be allowed to leave prison for weeks at a time.
Customers disappointed after email listing $60K Tim Hortons prize sent in error
Several Tim Horton’s customers are feeling great disappointment after being told by the company that an email stating they won a boat worth nearly $60,000 was sent in error.