Crown seeking 12 years before parole for second-degree murder in death of bus driver Irvine Jubal Fraser

Sentencing has begun for the Winnipeg man found guilty of killing a city transit driver.

A jury found Brian Kyle Thomas guilty of fatally stabbing bus driver Irvine Jubal Fraser on Valentine’s Day 2017.

Fraser died of multiple stab wounds after a fight with Thomas that began on the transit bus, which was parked at the University of Manitoba campus.

A jury found Thomas guilty of second-degree murder in January. The conviction comes with a minimum 10-year sentence before eligibility of parole. The maximum sentence is 25 years. Both the Crown and defense attorneys are asking for life in prison with 12 years before parole.

Defense Attorney Ted Mariash cited Thomas’ difficult upbringing which included bouncing between foster homes and being homeless as a young adult.

“I don’t think even I did enough justice there to it to explain just what a hell hole his upbringing was, the difficulties of his family, the difficulties of his community and the ongoing difficulties of a young man living on the streets of Winnipeg.”

Crown Attorney Paul Girdlestone brought up Thomas’ past criminal record, which included assault, knife related charges, uttering threats, robbery and domestic assault — a charge he was on probation for when he killed Fraser. Girdlestone says he also assaulted inmates in custody and is dangerous and “doesn’t appear to recognize the seriousness of what’s transpired.”

Fraser’s brother Dean Byard read his victim impact statement to the courtroom.

“My brother is my best friend,” he said between tears. “I just feel so empty right now, because it’s a call I never expected to get.

“We were two peas in a pod. He didn’t have to go that way.”

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Thomas’ mother Cynthia was also in court.

“I’ve been so worried day and night. I can’t eat, I can’t sleep,” she said.

“I’m emotional about the Fraser family. I have no anger towards them, I feel for them. I feel for my son also. I have nothing against them. All I can do is pray.”

The Chief Justice in the case expects to have a sentence ready before the end of July.