Nunavut judge expected to sentence Colin Makpah Sept. 9

Colin Makpah leaves the Nunavut Court of Justice April 29, 2014 after day one of his manslaughter trial. (FILE PHOTO)

(Updated, Sept. 9, 8:30 a.m.)

Colin Makpah, convicted of manslaughter in the 2010 stabbing death of Donald James (DJ) Gamble in Rankin Inlet, attempted to apologize to the Gamble family at a sentencing hearing Sept. 3 at the Nunavut Court of Justice in Iqaluit — but that attempt failed.

“I don’t mean you any disrespect, but is it OK if I address the Gamble family, and not face you?” Makpah asked Justice Neil Sharkey in a quiet voice after lawyers on both sides submitted their sentencing recommendations.

“I just feel…” Makpah trailed off.

Behind him, DJ’s mother, Angela Gamble, shook her head, stood up — holding a rosary in her hands — and walked out of the courtroom. John Gamble, DJ’s father, and other members of the Gamble family filed out of the courtroom behind Angela.

After a moment’s silence, Sharkey said to Makpah: “I understand what’s behind your request, and I respect that — in fact I admire it. But I think you can understand that other people might not feel that way.”

Sharkey waited while Crown prosecutor Faiyaz Amir Alibhai conveyed to the Gamble family the judge’s message that Makpah would be required to face the judge if he was going to address the court.

“Colin meant no disrespect at all,” defence lawyer Shayne Kert said softly but emphatically while the court waited.

“The problem is often that the person speaks directly to the judge, and doesn’t speak to those most affected.”

Alibhai returned to the courtroom: “The Gamble family respectfully prefer not to be in the body of the court,” the prosecutor said.

Makpah, dazed — and in a voice thick with emotion, then addressed the court.

“I would like to take this opportunity to offer my sincere and heartfelt apology to the Gamble family. I’m truly sorry for the pain and suffering all of this has caused. I’m sorry.”

Sharkey convicted Makpah of manslaughter in April after a three-week judge alone trial wrapped up in May 2014.

In coming to his decision, Sharkey rejected the defence’s argument that Makpah acted in self-defence with a reasonable amount of force on the night of Aug. 14, 2010.

That night, the court heard during the trial, DJ Gamble was drunk and aggressive, picking fights with his girlfriend and another friend at a small gathering in a friend’s apartment.

When Gamble threw Makpah’s friend on the ground, pinning him down, Makpah went to the kitchen and returned with a knife to threaten and intimidate DJ into stopping the aggression, according to testimony at the trial.

Gamble then pinned Makpah to the ground, and during the ensuing tussle Makpah stabbed Gamble four times in the torso.

Gamble died of internal bleeding from those stab wounds a few hours later.

Sharkey found Makpah acted “way over the top” by bringing a knife into a fight in which Gamble had not punched, kicked or choked anybody.

Prosecutor Alibhai recommended Makpah receive a jail sentence of between seven and nine years for the conviction, while defence lawyer Kert told Sharkey a jail sentence of three years would be more appropriate.

But before the lawyers debated their recommendations, members of the victim’s family addressed the court by reading their victim impact statements aloud.

“They say time heals. There’s no such thing to me,” said DJ Gamble’s mother Angela Gamble, overcome with grief.

What’s affected her the most, Angela said, is the thought that DJ’s daughter will grow up without her father.

Addressing Makpah without looking at him, Angela said, “You get to go back to your family [eventually] and my son doesn’t come home. That is my long-term disability forever.”

Kaila Gamble, DJ’s sister, told the court she thought of aborting the baby she was pregnant with at the time of DJ’s death, out of sheer grief.

And after his death, Kaila said her husband started abusing her because her big brother DJ wasn’t around to protect her anymore.

“My brother lays six feet under the ground… in a box with no windows or doors. Point being: put this asshole in a room with no windows, lock the door and throw out the key because that’s what [Makpah] did to my brother,” Kaila said, sobbing aloud.

In recommending a jail sentence of seven to nine years, prosecutor Alibhai pointed to Makpah’s criminal record, which Alibhai said was “minor” but contained a “significant aggravating factor.”

That factor, the lawyer argued, came in the form of a warning from a Justice of the Peace who convicted Makpah of assault just three months before Makpah killed DJ.

The JP warned Makpah, Alibhai said, that alcohol seemed to be a trigger for violence for Makpah, and if a weapon had been introduced in the situation, the consequences would be “ramped up.”

The JP also placed Makpah under probation, including an order not to consume alcohol.

But Kert argued that Makpah had no time to consider that advice on the night of Aug. 14, 2010 because, as Sharkey himself found, everything happened so fast that night.

Makpah has, however, pleaded guilty to breaking his probation by drinking alcohol the night he killed DJ.

Kert also listed 16 factors she said should mitigate the severity of the sentence Sharkey hands out, including the fact that Makpah’s intent was to protect himself and others from DJ.

Sharkey said he would consider submissions and announce his sentence decision on Sept. 8 at 9:30 a.m. — although this was later postponed until Sept. 9

That decision will emphasize denouncing Makpah’s behaviour on the night he stabbed DJ to death, Sharkey said.

“The public needs to know we take these kinds of offences very seriously,” Sharkey said before adjourning court around 5:30 p.m. Sept. 3.

In manslaughter convictions where no firearm is used, there is no minimum jail sentence a judge must impose. But manslaughter convictions do have a maximum sentence of life imprisonment.