The Crown is seeking a sentence of 10 to 12 years for a Fort Saskatchewan man found guilty of manslaughter in his son’s 2019 death.
Damien Starrett was originally charged with second-degree murder in the November 2019 death of his son, Ares Starrett. In June, he was found guilty of manslaughter in the boy’s death. At the time, he was also found guilty of assaulting his five-year-old daughter.
Starrett addressed the court Wednesday during his sentencing hearing, saying he suffers every day. He said he remembers how is son would give him cute little kisses. He said he wakes up every morning to a nightmare. Starrett also said every time he hears a baby or children playing, it reminds him of what he lost.
While he spoke, he sniffled and wiped away tears.
Starrett said he will accept punishment so the family can start healing.
The defence is seeking a four-year sentence, saying Starrett is still a young man and can live a meaningful life.
During his trial, his lawyer argued he was not criminally responsible because he had a severe sleep disorder that made him do things he wasn’t aware of.
Rory Ziv argued that a severe sleep disorder put Starrett in a state of automatism, which made him incapable of understanding his actions when he killed his son and injured his daughter.
A sleep expert also testified at the trial after examining the man two years following the boy’s death. Dr. Colin Shapiro said he found “thumbprints” of parasomnia, a disorder in which people do things while asleep that they are unaware of, such as sleepwalking.
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Shapiro testified he saw multiple arousals during the man’s deep sleep.
When delivering his verdict in June, Justice John Henderson said it was more likely that the accused was suffering from severe withdrawal symptoms from his opioid addiction and lashed out at his children.
Court heard that Starrett has a history of substance abuse with cocaine, alcohol, heroin and prescription opioids. He admitted to self-medicating his back pain with heroin and illegally obtained Percocet.
During his sentencing hearing last week, 10 victim impact statements were heard.
A picture drawn by Starrett’s daughter showed a broken heart. Court heard the girl now suffers from night terrors and tries to hide whenever she’s scared of something.
The children’s mother, who cannot be named due to a publication ban protecting the identity of her daughter, cried in court as she explained what a devastating impact the crimes have had on them.
“At a moment’s notice, my heart begins to ache, feeling it break all over again, feeling every ounce of pain to my core,” she said, clutching a teddy bear.
“I often cry alone because it’s hard for others to fathom my loss.”
As part of the sentencing submissions, Starrett’s lawyer requested a Gladue report because of Starrett’s First Nations ancestry.
The report suggests Starrett’s parents didn’t adequately care for him and he was raised by his mother’s loving foster parents.
Starrett told the report writer he has fetal alcohol syndrome and ADHD. He also said he’s struggled with his mental health since he was a teen and that he attempted suicide multiple times, including once after feces was thrown into his cell in the remand centre.
Starrett is scheduled to be sentenced on Tuesday.
— With files from Sarah Ryan and Emily Mertz, Global News.
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