Calgary man who killed friend in headlock incident sentenced for manslaughter

A Calgary man who turned his life around after he killed his friend with a headlock will be allowed to serve his sentence from home.

Scott Midford, 32, was convicted of manslaughter in the death of his friend Austin Harris, 27, who died in March 2022.

The two men were both "extremely intoxicated" when they got into a fight at Harris's home.

Midford put Harris in a reverse headlock. After a "quick scuffle," Harris was released and he fell backward, hitting his head on the floor. 

"Very tragically [this] caused his death," noted Court of King's Bench Justice Christopher Simard in his sentencing decision delivered Thursday.

Harris died in hospital

The court heard evidence that Midford and another friend, who was visiting at the time, both believed Harris had passed out from drinking and did not call 911 for about 40 minutes.

Harris died about nine hours later in hospital. 

Simard agreed with defence lawyer Cory Wilson that a two-year conditional sentence order was appropriate in the circumstance.

A person who receives a conditional sentence order is allowed to serve their sentence in the community under a number of conditions. If they breach any of their conditions, they are sent to jail to complete their sentence in custody. 

'Positive and healthy changes'

Simard said Midford has the "potential to contribute positively in society."

The conditions attached to the order include a curfew, 240 hours of community service, addictions counselling and a requirement that Midford remain employed. 

The judge reviewed the circumstances of Midford's upbringing, noting he was abused as a child and was sent to live in foster care at age 11. He spent his teen years living on the streets and in group homes using drugs and alcohol. 

After Harris's death, Midford got sober and has been in addictions counselling ever since.

'Austin is irreplaceable'

The judge noted Midford made "positive and healthy changes" to his life and is a "hard worker" who has been consistently employed and is considered a low risk to reoffend. 

"I'm encouraged you've been motivated by this terrible tragedy to stop using alcohol and drugs," said Simard.

In a sentencing hearing, Midford expressed what the judge noted to be "genuine remorse" and apologized to his victim's family. 

A victim impact statement authored by Harris's family described him as a "kind and compassionate young man."

The judge took a moment to address members of Harris's family who were in court to hear the sentencing decision. 

"[The sentence] is not a reflection of the value of Austin's life," said Simard.

"Austin is irreplaceable."