Calgary meth user sentenced to 6 years after killing Manitoba teen in hit and run

A Calgary methamphetamine user has been sentenced to six years in prison for driving impaired and hitting and killing a St. Andrews, Man., teenager who was riding his bike in 2018.

Justin Joseph Little, 30, pleaded guilty in Manitoba provincial court last November to several charges, including impaired driving causing death, operating a motor vehicle causing harm, operating a stolen vehicle, and two counts of failing to stop where a person has been injured.

The hit and run killed 15-year-old Ben Harris and left another teen injured. Little was charged with 14 offences when he was arrested.

He also pleaded guilty in provincial court to mischief under $5,000 for an unrelated break and enter in June 2018 in Stonewall, Man.

"Ben didn't deserve this. He was a great guy and he had a very bright future," the 15-year-old's dad, John Harris, said outside court Tuesday. 

"Our family is destroyed."

On Tuesday, Judge Sid Lerner sentenced Little to six years in prison, minus time already served since his arrest. He will spend the next three years and four months behind bars.

Little appeared in the court via video from the Headingley Correctional Centre, wearing a grey hoodie and a mask — part of efforts to prevent the spread of COVID-19 in provincial jails. He did not speak during the sentencing.

The Crown had requested a seven-year sentence, while the defence argued Little should serve 4½ years. Both recommendations would have included time for crimes committed before the Aug. 10, 2018, crash.

Harris was biking home with a friend near Highway 9 north of Winnipeg on that evening, and was just two minutes away from his home when he was hit and killed. Court heard he was left with no sign of life after the crash.

Harris's friend, with whom he'd planned a sleepover, also was hit and thrown into the ditch, but survived.

The Crown previously told the court a Selkirk RCMP constable later found Little hiding in another stolen car, sweating, with bloodshot eyes and a pale face.

He had fled after hitting the teens and ran barefoot to hide, triggering a brief hunt that involved multiple RCMP officers and a helicopter. A retired Mountie spotted a man with dark clothes on foot on Highway 9 and reported the sighting to the constable, who was originally investigating a report of an erratic driver that came in to 911 at 11:40 p.m.

Little had syringes with him when he was found by police. A blood test later confirmed amphetamines in his system, court heard. He admitted to police the next day that he had injected himself with meth on the day of the crash.

'Cat and mouse' exchanges with police

Lerner said he had to consider both Little's troubled past, which included growing up in the foster care system and sexual abuse at the age of two from a babysitter, as well as his degree of "reckless" actions in making his decision. Little has had multiple attempts at rehab over eight years.

"It is one thing to turn to drugs as a result of a traumatic childhood. Quite another to combine that course of conduct with multiple breaches of court orders [which adhering] would have prevented this tragedy."

The judge said he considered a statement made to an RCMP officer a day after the crash where Little was mocking and flippant with police. Little chuckled in front of an RCMP officer when the cop told him he had killed a teenager 13 hours earlier in a hit and run, court previously heard.

"I have read and listened to the statement of the accused. I have considered that statement including those portions that I conclude to have been instances of what can be described as … cat and mouse exchanges." 

Lerner decided Little, at times, displayed a "callous indifference to the consequences of his criminal conduct," which couldn't be explained by his drug consumption the day before. 

Teen remembered as talented guitar player

Harris was a talented guitar player, with many friends at Selkirk's high school.

John has been vocal in his frustrations with the justice system prior to Tuesday's sentencing, and told reporters he was disappointed several charges, including manslaughter and six breaches of bail conditions, were stayed.

He has said he has little faith in the justice system and took issue with an announcement last year by Manitoba Justice Minister Cliff Cullen about tougher penalties for impaired drivers. He said a day after the announcement, the Crown informed him many of the charges against Little were being stayed.

The Harris family has questioned why Little was out on bail at the time of the crash and has struggled to navigate the justice system.

"We've seen disorganization in the justice system. This guy is a repeat offender and we see the disorganization leading to people getting hurt and we lost our son," John said outside court Tuesday.

"There's a lot of focus on the [Manitoba] health-care system reform. I think there needs to be reform of the justice department."

Released on bail

Court previously heard Little stole an Acura in July 2018. He smashed the window of another car, causing about $500 in damage, and took a garage opener out of it to gain access to the Acura, which was parked in a garage.

Winnipeg police arrested him on July 20 when officers spotted him leaning on the stolen car. He was later released on bail.

He was the subject of two separate 2016 warrants at the time, from Calgary and Edmonton. It has never been made clear in court why Little was released while he had two warrants out for his arrest.

Alberta court records obtained by CBC News in 2018 said Little, then 29, had many run-ins with police in Calgary and its neighbouring communities. His Alberta crimes included convictions for drugs, violence and being in possession of two stolen vehicles.

As part of Lerner's decision, Little will be banned from driving a vehicle, will have to provide his DNA, and must pay $1,350 for expenses incurred by the Harris family. 

A $2,000 music scholarship has been created in Ben's name with donations. It will be awarded to a deserving student for the first time this summer.

The teen's family hopes Ben will be remembered for being a great kid who had a promising future.

"Ben was a super happy guy. He was in a really good point in his life," said John. 

"He was having the best summer ever, he was in love with his girlfriend. They both loved each other. It was wonderful."