R. v. Thompson, 2012 NSSC 375

SUPREME COURT OF NOVA SCOTIA Citation: R. v. Thompson, 2012 NSSC 375 Date: 20121011 Docket: CRH 352379 Registry: Halifax Between: Her Majesty The Queen v. Chaze Lamar Thompson Judge: The Honourable Justice Glen G. McDougall Heard: September 10, 11, 12, 13, 17, 18, 19, 20, 24, 25, 26, October 1, 2, 3, 9, 10 and 11, 2012, in Halifax (Jury Trial) (Verdict and Sentencing: October 11, 2012) Written Decision: October 26, 2012 Counsel: Eric Taylor and Rick Hartlen, on behalf of the Crown Patrick MacEwen, on behalf of the Accused McDougall, J. : [ 1 ] I guess Mr.

Thompson, it would be easy for me to sit here now that the jury has reached its verdict and say how awful you must be, but I do not think that is the proper approach to take and it is certainly not an approach that I ever take. The act, I think, is what I will focus on. [ 2 ] You, like me, are a living, breathing, human being. You belong to a family. Your mother has been here throughout this trial.

You must be a very lucky man to have a parent who has shown her support and love for you by being here day in and day out and I do not think it would be fair to her to hear me speaking in a way that disparages her son. [ 3 ] However, I do have things I would like to say because I think it is now the right time to say them. It is probably the last opportunity I have and there are more people I have to focus on now than just you.

[ 4 ] Throughout this trial I have tried and I think I have conveyed this, I have tried my utmost to ensure that you received a fair trial. I feel satisfied that we have accomplished that. I can not take credit for it myself because I have had the cooperation of counsel. I have had the cooperation of everyone that have been in this court room at various times during the course of the trial. So much of the credit to how this trial has been conducted fairly should go to all of those people, not myself. [ 5 ] Anyway, it is my responsibility at this point in time, Mr. Thompson, to pass sentence on you.

Before I go on, perhaps you could answer me one question. Why? Why? Was it to avoid paying a $25 cab fare? Was it to perhaps rob a cabbie of a few dollars he might have had in his pocket? Was it to impress your cousin, Mr. McAvoy, or was it simply for the thrill of taking another person's life? [ 6 ] Mr. Thompson, you probably know the answer to this question, but the rest of us will just have to be content to go on wondering. I suspect, even if we had the answer, it would not really help us make any sense out of this tragic, tragic event. [ 7 ] The sentence I am about to deliver is not simply my sentence, Mr.

Thompson. It is society's sentence. It reflects the revulsion, the utter contempt that all right thinking people in our society have for the senseless and needless crime you have perpetrated on a man whose biggest failing in life was perhaps working too hard. A man who by all accounts was a caring, considerate and easy going gentleman. A man who worked to support his wife and their children. A man who likely never caused a moment's grief to anyone in his lifetime.

The type of man that is a role model for others and a good role model. [ 8 ] And his reward for being that kind of person was a bullet fired from a gun by someone who obviously lacks any type of compassion or respect for human life, other than perhaps your own. [ 9 ] Mr. Thompson, you may have ended Sergei Kostin's life, but you did not erase his memory. He will live on in the hearts of those who knew him and who still love him. Unfortunately, I cannot resurrect and give Sergei Kostin back to his wife and to his children.

I can, however, by passing sentence on you, at least let them know that their husband and father's killer did not get away with it. He did not go unpunished. [ 10 ] While it might not be possible to rid the streets in our communities of guns and the people who carry them, I can at least reduce the number by one. [ 11 ] Given the despicable and cowardly nature of your crime Mr. Thompson, I will not concern myself with your possible rehabilitation. The message that must be sent is one of deterrence, both general and specific. The message is one of punishment. [ 12 ] Mr. Thompson, I do not enjoy sentencing.

I do not enjoy taking away a person's freedom. There are times, however, when I know it is not only appropriate, but also totally warranted. This is one of those occasions, sir. [ 13 ] The rest of us will be able to go home tonight to our family. So will you, but in your case it will be a completely new family. You will not be going home to enjoy one of your mother's good home cooked meals. You will not be going home to spend time with your child and your child's mother. [ 14 ] You will be going to jail. You will be placed in a cell and locked-up with God only knows who.

Whoever it might be, he will at least share one thing in common with you. You will both deserve to be there and our streets will be safer for it. [ 15 ] Taxi drivers will be able to breathe a little easier knowing P. C. Thompson will not be sitting in the back seat of their cab. They will not have to worry about you putting a bullet in their head or anyone else's head for that matter. [ 16 ] Mr. Thompson, you are going to have a lot of time on your hands where you are going. I hope you have time to think about what you have done.

I hope you have time to think about the pain and suffering you have caused to not only Sergei Kostin and his family, but

to your own family as well. [ 17 ] Once again North Preston has been put on the map, but not for the right reason. It is not fair to the good, law-abiding, decent folks who live in that community to be thrust into the limelight because of violence. I hope those good people take comfort in knowing that they will never see P. C. Thompson walking down the road or hear him knocking on their door ever again. [ 18 ] And we will all take comfort in knowing that the weapon used to extinguish the life of a good man will not have any more bodies added to it either by you or by anyone else. [ 19 ] Mr.

Thompson, I will ask you to stand, sir. [ 20 ] If there is anything you wish to say, Mr. Thompson, I will give you that opportunity at this point in time. You do not have to say anything, but if you wish to be heard I would be pleased to listen to you. Chaze Lamar Thompson : I would just like to say despite the fact that I was wrongfully accused and wrongfully convicted, I just want my mother to know that she's a true soldier, she's a true black Nubian queen. Mom, I love you. You don't gotta cry, you can smile cause I'm gonna smile and your son's not in a casket.

You get to talk to me every night, and there'll be a time when you'll get to hug me again and I have full remorse for what happened to Sergei Kostin and I pray for his family. And to my lawyer, Patrick MacEwen, you did a great job and I don't think anybody else could have done a better job. Thank you. [ 21 ] Okay, thank you very much Mr. Thompson. Again, I am glad you recognize that you do have indeed a very wonderful mother. I am also glad to hear that you recognize the quality of the representation you have received during the course of this trial.

Quite frankly, you could not have received any better representation than what you have received from Mr. MacEwen. [ 22 ] Chaze Lamar Thompson, for the crime of murder in the first degree and in accordance with the provisions of

Section 745 (

a) of the Criminal Code of Canada , I sentence you to imprisonment for life without eligibility for parole for 25 years. [ 23 ] I would ask the sheriff's deputies to please take the prisoner out of the court room. Chaze Lamar Thompson : "Chris, Chris . . . Tu ou vey." [ 24 ] Well, I think we can all agree that these kinds of crimes leave nothing but a trail of devastation behind them. No one is a winner in this type of foolish game, if I can use that word. I would hope that efforts continue to try to rid our streets of people who think that gunplay is a normal practice, or a normal way of life. It is not.

Our streets have to be made safe, but it is not going to come without a price, I am sure. [ 25 ] Counsel, is there anything else that you would like to discuss with me at this juncture? Counsel : No, My Lord. [ 26 ] Again, I thank you very much for the way you have conducted yourselves. I am truly impressed and amazed with the quality of representation on both sides – the Crown representing the State and of course, Mr. MacEwen, if I am not overdoing it, given the hand that you were dealt, no one could have done more with those cards than you have and I commend you for that, sir. [ 27 ] So we will adjourn.

Justice Glen G. McDougall