Killing his own brother created a tragic paradox for Kyle Capone Louie, a judge observed Thursday before handing him a 75-month jail sentence.
“The offender’s actions resulted in the senseless death of his brother, who was also his best friend. In that sense, Mr. Louie is both the perpetrator of the crime and the victim of the very crime he perpetrated,” said Justice Austin Cullen in B.C. Supreme Court in Penticton.
Kyle, 26, was charged with second-degree murder in connection with the stabbing death of his then-21-year-old brother, Reece Dillenger Louie, near Oliver on Feb. 19, 2011, but pleaded guilty to the lesser offence of manslaughter.
With enhanced credit for time served since his arrest the day of the offence, Kyle has just six months remaining on his sentence, and will then be a designated long-term offender for 5.5 more years. The sentence was one recommended by Crown and defence.
Kyle had been up for 55 hours straight and was “significantly intoxicated” by crystal meth, marijuana, Ativan and a “large quantity” of alcohol at the time of the stabbing, the judge noted, so it’s unlikely he was able to form the intent necessary for murder.
Just hours before the killing, the brothers were drinking while working at a gravel pit near the Nk’Mip Campground and got into a fist fight after Kyle accused Reece of owing Kyle’s girlfriend $30, according to an agreed statement of facts.
Both were fired on the spot and went to their home on Black Sage Road where the fight continued, despite efforts by their father, Clifford, to intervene.
Tensions escalated and Kyle began swinging a knife at Clifford and Reece, prompting Reece to run to his bedroom and Clifford to leave the house. Reece soon after staggered out of the home and fell down on the driveway around 3 p.m.
Mounties arrested Kyle a few hours later and Reece died that night in hospital due to his injuries, which included multiple stab wounds to his torso.
Kyle told police he didn’t remember anything that happened, and when warned he was being charged with attempted murder, asked: “Of who?”
Cullen said the violence had “deep roots” in the Louies’ difficult upbringing, substance abuse and the long-lasting impact of residential schools on First Nations.
“I accept that (Kyle’s) aboriginal heritage has had a significant impact on how he has developed, and that factor mitigates his blameworthiness and level of responsibility for this offence,” the judge said.
A psychologist who prepared a pre-sentence report on Kyle determined he’s a high risk to reoffend violently, but has “reasonable” prospects for rehabilitation, thanks in part to support from his family and the Osoyoos Indian Band.
The long-term offender designation is intended to mitigate any risk to the public, Crown counsel John Swanson said outside court.
It will allow the National Parole Board and the Correctional Service of Canada to “design and enforce whatever treatment programs and rehabilitation programs they feel are necessary in order to reduce Mr. Louie’s possibility of future violence,” Swanson explained.
“We are very hopeful that he will eventually, after significant treatment and rehabilitation, be able to live a long and productive life. He’s still a very young man and we hope he has a very bright future ahead of him.
Kyle, wearing a white dress shirt and black slacks, smiled and waved from the prisoner’s dock at a dozen supporters in the courtroom Wednesday and Thursday.
Those supporters declined comment after the hearing on Thursday, and Kyle did not address the court when invited to do so prior to sentencing.
