Sentencing delayed for man guilty of murdering 18-year-old Joedin Leger of Moncton
Judge to issue parole eligibility in April for Riley Phillips, 1 of 6 charged in connection with Leger's death
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A judge will decide in April how long a Moncton killer should serve in prison before becoming eligible for parole.
A sentencing hearing began Monday for Riley Phillips, 20, who was found guilty by a jury last fall of second-degree murder. The jury ruled Phillips murdered Joedin Leger, 18, on April 25, 2022.
The verdict means Phillips automatically be sentenced to life in prison, leaving Court of King's Bench Justice Robert Dysart to decide when Phillips may be able to seek parole.
The Crown wants Phillips to serve 12 years before becoming eligible for parole, while the defence is seeking the minimum of 10 years. The jury had recommended 10 years.
After hearing victim impact statements and arguments from Crown and defence lawyers, Dysart said he would need more time to prepare his sentencing decision. Because of other cases he is hearing and other cases the lawyers are involved in, that decision was scheduled for April 3.
Dysart noted that no matter what he decides, it will ultimately be up to the Parole Board of Canada to decide if Phillips actually gets parole.
"He may never get out," Dysart said.
Phillips sat in the prisoner's box wearing a black Scarface T-shirt, a movie about a murderous drug lord.
He didn't say anything during the hearing beyond confirming that he didn't want a pre-sentence report prepared. The report involves an offender being interviewed to gather information about their history that the judge can consider when deciding a sentence.
Crown prosecutor Stephen Holt said that while the jury had to make certain decisions about what Phillips did that April morning, not all of what they determined is known.
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For instance, during the trial the Crown had argued Phillips went to Leger's Logan Lane home dressed in black, wearing a motorcycle helmet and carrying a loaded revolver because it was a planned home invasion and robbery.
However, the defence argued it was about a dispute between Phillips's cousin and Leger over broken windows and that the shooting inside the duplex was in self-defence. Phillips was shot in the hand by Leger and the jury had to decide who may have shot first.
The jury clearly rejected Phillips's claim of self-defence, Holt said, but it wasn't clear if they agreed it was a home invasion. He said that the judge would now have to decide that, as the Crown viewed it as an aggravating factor for sentencing purposes.
Holt said normally a murder committed during a home invasion would result in a parole eligibility period starting at 15 years.
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Holt also argued that other factors the judge would need to consider are the age of the victim, that Phillips had a prior record, and that he violated several court orders, including a firearms prohibition.
Brian Munro, the defence lawyer representing Phillips, pointed to his young age as mitigating factor that should be the primary thing the judge considers.
Munro said there wasn't enough evidence for the judge to be able to conclude the killing happened during a home invasion, noting police testified there were no signs of forced entry, and that no one testified about hearing yelling or screaming from inside the home.
Parents speak
Three victim impact statements from Leger's mother, father and girlfriend were also read Monday.
Dawnita Hanson said she continues to suffer nightmares and other effects from her son's murder. She said she feels guilty she wasn't there to protect her son and cries herself to sleep.
"Joedin is home now. He'll be 18 forever, because he's in a box on my cabinet," she said.
Hanson said the night before Leger's death, he had been with her talking about his plans for the future.
"All my happiness was taken away the very next day," Hanson said.
Rodney Leger also spoke about seeing his son April 24 followed the next morning by police coming to the door to tell them he had been killed.
"I went from being a proud dad to a broken man in seconds," he said, saying he now won't see his son get his driver's licence, get a car, get married and start his own family.
"He was not an angel, he was not a monster."
Chantal Boudreau, Leger's girlfriend, also read her statement that recounts seeing him choking on blood in the immediate aftermath of the shooting.
"The fear I saw in his eyes in that moment I will never be able to erase from my mind," Boudreau said.
During the trial, the jury heard the two had only met a few weeks before Leger's death but had moved in together.
Boudreau in her statement said her dreams of their future together, including getting married, were shattered that April morning.
"I'm filled with anger and sadness," Boudreau said.
Phillips was among six people charged in connection with Leger's death. Four others pleaded guilty to the lesser charge of manslaughter.
Jerek England is scheduled to stand trial on a manslaughter charge in early 2026.