Sentences have been handed down for two Chatham residents accused of second degree murder a year ago after they pleaded guilty to lesser charges.
Melvin Manley, 50, pleaded guilty to manslaughter in a Chatham court on Wednesday afternoon and has been sentenced to 3.5 years less time already served at the Windsor jail, which translates to nearly two years still to be served. Manley was also ordered to get drug treatment at his correctional facility in Ottawa.
Michelle Hunter, 42, pleaded guilty to obstruction of justice on October 20, 2022 because she provided a false statement to police and has been sentenced to time already served and three years probation. Hunter served nearly a year at the Windsor jail.
The sentence follows recommendations in a joint submission by the Crown, Manley's defence lawyer Ken Marley, and Hunter's defence lawyer Robert DiPietro, which include a lifetime ban on weapons and no contact with several people, including the Veenstra family and co-accused Daulton Bastien.
Manley and Hunter were initially charged with second degree murder in October of 2021 after Beau Veenstra, 31, of Howard Township died in the hospital of head injuries suffered during a fight at a Chatham apartment on September 21, 2021.
Crown Attorney Robert MacDonald detailed the grim account of what happened that night, saying Veenstra was caught going through the drawers of Manley's bedroom and Daulton Bastien punched him, knocking the victim unconscious, duct taped him up in a chair, kept punching Veenstra, and at times stomped on his face.
The Crown also noted that two cell phone videos shot at around 3 a.m. on the night in question following Veenstra's beating and found in Hunter's trash file, showed Veenstra in a chair leaning and struggling to breathe with a swollen face and right ear with Bastien saying, "I think his jaw is f'ed up pretty bad too." The prosecution pointed out that it was Manley who passed Bastien the duct tape and video taped the brutal beating on Hunter's phone.
Bastien, 26, of Chatham was also originally charged with second degree murder last October, but pleaded guilty to manslaughter in a Chatham court October 6, 2022. Bastien will be sentenced November 23, 2022.
MacDonald also recounted that Manley and Hunter were caught on surveillance video at the Chatham hospital pushing an unconscious Veenstra in a wheelchair into the emergency room, but not until two hours later — at around 5 a.m. The court was told the victim was then transferred to Windsor Regional Hospital and it was the Windsor hospital officials that called Chatham-Kent police because of the serious nature of the head injuries.
Manley and Hunter told police that Veenstra took fentanyl and later went to look for his girlfriend, but when he returned he was foaming at the mouth and fell down the stairs. Manley also said he just wanted to scare Veenstra and not kill him, adding that everyone in the apartment during the incident was high on drugs.
Marley told the judge that Manley intervened and took Veenstra to the hospital, adding that his client is remorseful.
The Coroner ruled Veenstra's death as a homicide and the cause of death as a lack of oxygen to the brain as a result of the blunt force trauma to Veenstra's brain.
Veenstra's mother, sister, and father had victim impact statements read aloud in court.
Veenstra's sister said the way her brother died was horrific and it will haunt her for the rest of her life.
"On September 29th my parents had to do the unthinkable, one of the hardest things any parent would have to do, pull their son off life support,"she said. "Being in the room where it all happened was scarring and something no one on this earth should ever have to witness. It took my brother nine days to die."
Veenstra's mother Claudette said she struggled with her victim impact statement, but found it in her heart to forgive the accused.
"How can I put into words the unrelenting anguish and heartbreak that I feel each and every day," she told the court. "I'm unable to enjoy the memories I have with my son, not able to look at photographs or video. Thinking about my beautiful boy and how he passed is still a pain too great to bear."
Veenstra's father Dale said his son was his best friend.
"He (Beau) helped me with my day to day living as I struggle with my health. So much was taken from so many people. I cry for the pain this causes my grandchildren," Dale said.
The judge said Manley's violence, lack of empathy, and assistance in the beating were factors in the sentencing. He said Hunter's lies to police were factors as well.