Dean (Johns) Boucher and Mark Lange were sentenced Thursday for the murder of Robert Olson.
Both men were convicted of second-degree murder in June for beating the 64-year-old Carcross hotelier to death and dumping his body in a Whitehorse subdivision in December, 2004.
Boucher will serve 15 years of a life sentence before becoming eligible for parole.
Boucher is “solely responsible” for Olson’s death, runs a high risk of re-offending violently and has been assessed with an “anti-social personality disorder” and “psychopathic traits,” said Yukon Supreme Court Justice Leigh Gower.
“I am satisfied that (Boucher) is genuinely remorseful of Mr. Olson’s death,” said Gower.
“However, he still blames the crime on his drug problems rather than take responsibility for it.”
Only the evidence heard by the jury in convicting both men may be used in sentencing, he explained.
Thus Boucher’s 11th-hour testimony during a July sentencing hearing that he was solely to blame for Olson’s death and had lied during previous testimony against Lange, was inadmissible, said Gower.
Boucher deserved a “denunciatory sentence,” he said.
But Gower promised he would send Boucher to an Alberta penitentiary to serve his time, as Boucher requested.
Once sentenced, Boucher remained standing and asked if he could speak.
“The time for you to say something has passed,” said Gower.
“Please sit down.”
“Or else what?” challenged Boucher.
“Please sit down.”
Boucher sat.
But when Gower began reading his reasons for Lange’s sentence Boucher called out, “It’s all lies.”
Gower warned him to be quiet. Boucher kept talking.
So Gower ordered Boucher removed from the courtroom.
“Ever hear of fresh evidence, bitch?” Boucher said loudly as RCMP escorted him from Gower’s court.
Gower noted that the eight members of the jury recommended a lighter sentence for Lange — the required minimum of 10 years in prison before parole eligibility.
“The jury may have found, as I have, that Mr. Lange is guilty of second-degree murder as a party, rather than a principle,” said Gower.
He did not agree with Crown attorneys that the evidence showed punches and kicks Lange delivered to Olson could have caused his death.
Gower also believed Lange could have been operating under duress when he held Olson down.
However, Gower noted that Lange, like Boucher, was assessed by councillors as a high risk to violently re-offend.
Lange may have co-operated with Boucher out of fear for his own life, as he professed, but he had several opportunities to escape from Boucher and seek help the night of the murder, and he did not take them, noted Gower.
Lange disposed of Olson’s jacket in the Wolf Creek forest and helped Boucher conceal Olson’s body in a snow-filled ditch, said Gower.
But Gower gave Lange credit for turning himself in, for admitting his guilt and for helping the RCMP collect forensic evidence.
Gower sentenced Lange to serve 10 years before becoming eligible for parole.
Both men are prohibited for life from handling any sort of firearms, and must produce DNA samples on request.
Lange’s lawyer, Andre Roothman, confirmed that Lange will appeal his conviction for second-degree murder.
Lange previously pleaded guilty to manslaughter, but the plea was rejected by Crown attorneys.