Brodie Nicholls’ sentencing hearing continues

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A judge will decide Brodie Nicholls’ fate tomorrow morning, after a second day of arguments over how much time he should spend behind bars for the manslaughter of 14-year-old Jesse Clarke last August. Lisa Hepfner has been following this case in court and has the report.

There is a big difference in opinion between the crown and defense. The crown is looking for 8 years in a federal prison, the defense wants Nicholls to get two years less a day so the 19 year old can stay in a provincial jail and access certain mental health programs.

Everyone agrees, this was a tragic case for everyone.

Jesse Clarke’s family and friends hugged as they walked out of the courtroom. There were dozens of them inside for most of the day, many wearing RIP Jesse Clarke shirts. They sobbed loudly several times but seemed to show the most anguish when Brodie Nicholls read his apology. Nicholls told them he was ashamed, that he couldn’t imagine their pain, that he’d wanted to apologize from the beginning. He punctuated almost every sentence with “sorry.”

His lawyer told the court that Nicholls had a horrible childhood with a mother who worked the streets, but even so he hadn’t gotten in trouble with the law until he robbed a chip truck. Then he breached the terms of his release when he went back to the truck to apologize and pay back what he took.

But the lawyer for the Crown said Brodie nicholls is responsible for the decisions that led to 14-year-old Jesse Clarke’s death on August 18th last year. Clarke and a group of friends were taunting Nicholls’ foster mother at her house, but it was Nicholls who decided to take a knife and step off the porch. He confronted the group of teens. They reacted by grabbing weapons of opportunity and beating him. Nicholls was cut and bruised, but when the police were called and Clarke and his friends retreated, Nicholls followed, and stabbed Jesse Clarke through the heart as he tried to get away. Nicholls then said, “tell Diana I love her. I’m going to jail. I stabbed someone.”

He knew his actions were morally wrong, said the Crown. And if he hadn’t made those choices, things would be different today.

The judge is going to take tonight to deliberate and court will resume at 9:00 am hear what she has decided. Two years less a day, eight years, or somewhere in between.