Man sentenced for fatal fight, victim's family considering legal action against hospital
Darren Hall was sentenced Wednesday for the March 2010 killing of Garth Isfeld.
Hall previously pleaded guilty to manslaughter and avoided a trial.
Isfeld, a father of five, was hit in the head with a beer bottle at his daughter's 18th birthday party.
Judge Doug Abra said he believes Hall is remorseful and has "turned his life around." Hall was given one-and-a-half-year credit for each of the two years he's already served in custody. That means he was given about another year in custody during sentencing.
"He gets out in 363 more days and Garth is gone forever," said Elia Bevacqua, the victim's sister-in-law.
Isfeld died after being sent to Concordia Hospital.
The court heard how he was given the drug propofol when he refused a CT scan.
While later inside the machine, Isfeld began to vomit and then went into cardiac arrest.
Judge Doug Abra said if the homicide had gone to trial, Hall's lawyers could have built a strong case.
"It could have been argued that if propofol had not been administered to the deceased - which in turn resulted in him vomiting and aspirating - he probably would not have died," said Judge Abra.
"No one is really taking action for who gave what medication and I feel that they are 50 per cent to blame. If he would have went to any other hospital, he would still be here today," said Clarence Isfeld, the victim's brother.
The Winnipeg Regional Health Authority issued a statement Wednesday.
"Mr. Isfeld's death was declared and investigated as a Critical Incident. We apologized to his next-of-kin and made a full disclosure to her at the time. We also instituted a number of changes to the protocols surrounding conscious sedation, including when it is and isn't appropriate to use propofol, and education and monitoring safeguards that must be followed when it is used," said the WRHA.
The victim's family has already contacted a lawyer and is now looking at legal options.
"So we can get a proper closure on Garth – not speculate and guess. Let's see them take responsibility for their actions," said Clarence Isfeld.
As part of sentencing Wednesday, Hall was also given a lifetime weapons ban and was ordered to give a DNA sample.
- with a report from CTV's Stacey Ashley