Brendan McCabe advised a B.C. Supreme Court docket that Joshua Boden confirmed no regret for the killing of the girl within the residence that was a sanctuary for her and her three-year-old daughter.
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Jun 16, 2022 • 17 minutes in the past • 3 minute learn • Be part of the dialog
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VANCOUVER — A former Canadian Soccer League extensive receiver who viciously beat his ex-girlfriend, choked her to demise, then staged the scene to make it seem like an accident, needs to be sentenced to life in jail and not using a probability of parole for not less than 15 years, a Crown prosecutor says.
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Brendan McCabe advised the B.C. Supreme Court docket that Joshua Boden tossed capsules round Kimberly Hallgarth’s physique, put some in her mouth after which stuffed it with socks as she lay dying on the backside of the steps at her residence in Burnaby.
“We don’t even understand how Ms. Hallgarth ended up on the backside of the steps,” McCabe mentioned on the sentencing listening to Thursday.
GRAPHIC WARNING: The next particulars could also be disturbing for some readers.
McCabe mentioned Boden stomped on the girl’s neck and chest as she lay unconscious, tore out her fingernails, moved her physique and wiped it with a towel earlier than eradicating two rubbish baggage, which he recommended contained objects associated to the crime.
He referred to as the homicide “blunt, brutal and horrific” and mentioned pictures of the accidents endured by a susceptible lady had been probably the most stunning he’d seen in his profession and had been inflicted by a “massive, highly effective man” who has not proven regret.
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Boden, 35, was discovered responsible final fall of second-degree homicide within the 2009 demise of 33-year-old Hallgarth within the Burnaby residence that the courtroom heard was a sanctuary she shared together with her three-year-old daughter.
The previous B.C. Lions participant walked into courtroom on Thursday wearing a darkish go well with and stared straight at Hallgarth’s household within the gallery earlier than taking a seat within the prisoner’s field, the place he flipped by means of some paperwork.
McCabe mentioned Hallgarth despatched pictures of her accidents from a earlier assault and harm to her automotive to then Lions coach Wally Buono and Boden blamed her for ending his soccer profession.
He mentioned that whereas Boden maintains the racism he skilled as a Black particular person rising up in North Vancouver needs to be thought-about as a contributing issue at sentencing, there was no hyperlink to the crime.
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McCabe offered a report from a psychologist displaying Boden mentioned he and his brother had been the one two Black college students at their college however that he was fashionable amongst his mates.
This could be the second time race and tradition have been cited as components at a sentencing listening to in British Columbia, he mentioned. The decide within the first case didn’t settle for it, he added.
A second-degree homicide conviction carries a life sentence of 25 years however parole eligibility may be set beginning at 10 years.
Boden’s lawyer has requested that he serve 12 years earlier than being eligible.
Hallgarth’s household has described her as a bubbly and caring one who deeply cherished being a mom to her daughter Hailey.
Vida Miller, Hallgarth’s former mother-in-law, advised the courtroom in a sufferer affect assertion that she is caring for her granddaughter exterior of B.C., and that the now teenager’s life has without end been impacted by the torture her mom endured earlier than she died.
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She mentioned Hailey returned residence together with her nanny the day her mom was killed however the lady couldn’t open the door as a result of Hallgarth’s physique was blocking it.
The invention of Hallgarth physique had the nanny “screaming and crying in terror,” Miller advised courtroom over video hyperlink.
“Knock on the door, Nanna, knock on the door,” is what the little lady insisted on the time, she mentioned, including Hailey nonetheless can’t sleep with out the lights on.
Hailey advised courtroom she would do something simply to have a dialog together with her mom.
“He took the world from me,” she mentioned through video hyperlink. “He took a bit of my life that I can by no means get again.”
Justice Arne Silverman advised them each that their phrases had been essential for the general public to know.
“I promise you that I’ll remember what you learn to me,” he mentioned. “l’ll always remember it.”
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