Steven Miller killing: Judge rejects joint submission, sentences Kenny, Lucas to 12 years, 6 months
Pair pleaded guilty to manslaughter, arson, robbery, confinement in relation to 2016 killing
A provincial court judge rejected a joint submission from lawyers Friday when he handed down a sentence in relation to the July 2016 killing of Steven Miller in Conception Bay South.
Judge Colin Flynn sentenced Chesley Lucas and Calvin Kenny to 12 years and six months in prison, which was five years more than what was recommended by Crown and defence lawyers.
'Highest level of seriousness'
Lucas and Kenny had entered guilty pleas for home invasion, manslaughter, forcible confinement and arson in relation to the July 2016 incident in Seal Cove.
The facts of the case cannot be reported because another accused, Paul Connolly, is still before the justice system.
Earlier, lawyers entered a joint submission, recommending a sentence of seven-and-a-half years for Lucas and Kenny, but Flynn rejected that due to the "highest level of seriousness" of the crimes.
A lawyer for Lucas, Bob Buckingham, said a decision has not yet been made whether to appeal.
But he expressed frustration that a judge would reject a submission of "five senior members of the bar," referring to himself and Crown attorneys Richard Deveau and Tannis King, and defence lawyers Randy Piercey and Jon Noonan.
The total sentencing for each of the two men was just under 23 years, but the judge said that would be "crushing" and ruled that some of the sentences be served concurrently.
Both Lucas and Kenny are in their 20s and each have a young child, noted Flynn, and "still have long lives ahead of them."
Lucas was also given credit for 804 days of pre-sentence custody, while Kenny is serving prison time for other crimes.
'Burn in hell'
It's the latest chapter in a deadly series of events that started in the early morning hours of July 30, 2016 at a home in Seal Cove.
Miller's family members were in court on Friday for the sentencing, and there were notable sobs as the judge read the facts of the case.
As Lucas and Kenny were escorted away by officers after sentencing, Miller's grandfather shouted "burn in hell" to each of the two men.
In unusual move, Judge Colin Flynn rejects joint submission of 7-plus years. Sentences Chesley Lucas, Calvin Kenny to nearly 13 years in manslaughter case, citing “extreme violence” in death of Steven Miller. <a href="https://twitter.com/hashtag/cbcnl?src=hash&ref_src=twsrc%5Etfw">#cbcnl</a> <a href="https://t.co/SlIjARlHlv">pic.twitter.com/SlIjARlHlv</a>
—@TRobertst
Miller's body was found at the end of a driveway in Conception Bay South with stab wounds, after his home had been set on fire.
Lucas and Kenny were initially charged with first-degree murder.
A fourth person, Kyle Morgan, pleaded guilty to accessory after the fact to manslaughter and was sentenced in August to one year in prison.