Crown wants extra year in jail for baseball bat beating death of boy, 12



WINNIPEG -- A Bloodvein First Nation man convicted of killing a 12-year-old boy with a baseball bat should serve just one more year in jail, a judge was told Monday.

Tennessee Weedmark, 20, was convicted of manslaughter following a jury trial last September.

Albert Goosehead was beaten to death in June 2009 following an altercation outside a Bloodvein First Nation home.

Weedmark has remained in custody since his arrest immediately after the killing.

Crown attorney Craig Savage said he was not opposed to Weedmark receiving double credit for time served and recommended that he be sentenced to an additional one year in custody and three years supervised probation.

Goosehead's death pre-dated legislative changes eliminating two-for-one credit for pre-sentence custody.

Defence lawyer Darren Sawchuk argued Weedmark was defending his pregnant girlfriend when he disarmed Goosehead of a bat and then beat him on the head with it.

"His response, of course, was over the top," Sawchuk said Monday.

Weedmark told police he feared for his pregnant girlfriend's life after he saw Goosehead hit the woman on the head with a baseball bat. Weedmark shoved the boy to the ground, grabbed the bat and hit him on the head at least twice.

Weedmark previously dated his girlfriend's sister. Weedmark told police he and his girlfriend broke up for several weeks, then reunited the night of the killing after learning she might be pregnant.

Weedmark told police he had been drinking heavily when his girlfriend's sister, another woman and Goosehead broke into the home.

Jurors heard testimony Goosehead believed Weedmark had assaulted his former girlfriend, Goosehead's cousin, and was intent on retribution.

Weedmark was raised in a climate of physical abuse and substance abuse, and spent years shuffled from one foster home to another, court heard.

"There is no question he had lots of difficulties growing up," Savage said.

Goosehead's death has left his family shattered and broken, his mother told Weedmark, reading from a victim impact statement.

"I am here to tell you how much you destroyed my dreams, my hopes, my future for my family," she said.

Justice Colleen Suche will sentence Weedmark Wednesday.

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