A Halifax man with dozens of prior criminal convictions was handed a nine-year prison sentence on Wednesday.
Benjamin Joshua Gillis, 27, was originally charged with second-degree murder but pleaded guilty to manslaughter in connection with the fatal stabbing of Blaine Gordon Clothier.
Clothier, 26, was found dead inside a Spryfield apartment nearly two years ago.
READ: HRP investigate suspicious death at Autumn Drive apartment
Clothier suffered one fatal wound to torso
An agreed statement of facts stated that Gillis and Clothier were inside an apartment on Autumn Drive on March 2, 2016.
The pair, along with another individual, had consumed illicit substances. Around 11 a.m. that day, an argument broke out between Gillis and Clothier, which resulted in Gillis stabbing Clothier with a kitchen knife.
The court heard that Clothier had four superficial wounds to his upper body and one fatal wound in his lower, front torso which was 2.8 cms in length.
The fatal wound perforated Clothier’s kidney, liver and major blood vessels. He bled internally and died.
Gillis was arrested later the same day at another residence in Halifax.
READ MORE: Man faces second degree murder charge after man found dead in Spryfield
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Gillis tells victim’s family he’s sorry
The court heard Gillis has had 62 criminal convictions as an adult. Four of those prior convictions involved physical violence.
Gillis himself stood up and addressed the courtroom on Wednesday. He said he could never understand how Clothier’s family feels, recognizes his faults and realizes how much his choices affect his life and others.
He also apologized to Clothier’s family. While sobbing, he said, “I’m sorry.”
Peter Planetta, Gillis’ defence lawyer, said that his client had taken responsibility for his actions by pleading guilty.
“Obviously, there was evidence before the court in the pre-sentence report and some other materials like that, that he was fully accepting responsibility. He wasn’t dodging it or minimizing it. He knows what he did,” he said.
‘It breaks me inside’: victim impact statements read to the court
The court heard that Clothier was a father to a young child. Victim impact statements from his mother, aunt and brother were read at the sentencing hearing.
A portion of Clothier’s brother, Dillon Fitzgerald’s statement read:
“I just want my brother back, I’m so devastated that I’ll never see him again, never hear his voice again, or even feel that bond we had between us again, all because at such a young age, he was physically taken from us.”
The victim impact statement for Cheri Clothier, Blaine Clothier’s mother, read in part:
“The pain is so real when I sit and remember all the memories of him. It breaks me inside. We are not supposed to bury our children. All because of a senseless crime and a brutal death, knowing my son took his last breath alone.”
MORE: Timeline: Homicides in Halifax in 2016
Gillis given 1.5 days credit for each day in custody before sentencing
There are a wide range of sentencing options for a manslaughter conviction. The maximum sentence that can be imposed is life in prison.
In the end, Judge Peter Rosinski sentenced Gillis to nine years in prison, which was in-between what the Crown and defence had asked for.
“Our position was we requested a sentence of seven years and the Crown requested a sentence of 13 years, so not too much to be disappointed in there, it was close to our position,” said Planetta.
Rosinski gave Gillis 1.5 days credit for each day he was in custody pre-sentencing, which totals 1,048 days.
The court heard the total sentence being imposed on Gillis was 3,285 days — when you factor in the credit for time already served, that means Gillis has a remaining 2,237 days left on his sentence, which equals to approximately six years in prison.
Rosinski also imposed a lifetime weapons ban on Gillis.
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