CALGARY – A young man who admits to killing his teenaged friend over a year ago is no longer facing a murder charge.
Byron Blanchard was originally accused of second-degree murder in the stabbing death of 18-year-old Joshua Hogarth in August of 2012 – but on Friday, he pled guilty to the lesser charge of manslaughter.
Both the Crown and defence agreed the evidence did not support the murder charge, saying there was no intent to kill.
“After reviewing the preliminary transcript, it became clear Mr. Blanchard lacked the intention to commit murder in this case,” says defence lawyer Jim Lutz.
“There were issues with extreme intoxication, provocation as well as self-defence,” adds Crown prosecutor Darren Maloney.
18-year-old Hogarth was attending university in B.C., and was home for the summer when he was stabbed to death.
Court heard Blanchard and Hogarth had been out drinking when they started fighting. Police had even talked to the pair outside of a city bar, and sent them home.
However, the fight continued, ending when Blanchard stabbed Hogarth twice.
Friday, a step-by-step account of Hogarth’s death was read in court.
“It was horrible,” says Hogarth’s mother Debbie. “I had no idea I’d walk in there and hear details of how my son died. I was told he died instantly. He didn’t. He walked and tried to get help.”
Hogarth’s mother had started a petition hoping to stop the plea bargain. She left court on Friday visibly shaken.
“I knew it would happen but, I was hoping the petition would help another family,” said Debbie Hogarth through sobs. “The system is just so flawed. It seems you do more time for stealing money or having drugs on you, than you do for killing another person.”
The case goes back to court for a sentencing hearing in May, at which time Hogath’s mother plans to present her petition to the court.
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