Dwayne Samson felt pressured during fisherman killing, doctor tells sentencing
Wendy Martin | CBC News | Posted: September 21, 2015 9:00 AM | Last Updated: September 21, 2015
Captain may have had difficulty functioning or was in 'a state of panic,' psychiatrist testifies
The lobster boat captain who pleaded guilty to manslaughter in the 2013 killing of fellow Nova Scotia fisherman Philip Boudreau may have had difficulty functioning or was in "a state of panic" at the time, a forensic psychiatrist testified Monday.
Dr. Peter Theriault, who interviewed Dwayne Matthew Samson in June, said the man told him he was under duress and overwhelmed when he ordered a gun to be loaded and shot at Boudreau, and when he rammed the victim's boat several times, causing Boudreau to fall overboard.
Samson was originally charged with second-degree murder, but pleaded guilty to manslaughter in May. He is being sentenced in Port Hawkesbury, N.S. The Nova Scotia Supreme Court hearing is scheduled for two days.
Theriault also testified that Samson told him he felt sick after Boudreau was gaffed and his body towed out to sea, but he felt forced to continue lobster fishing.
During questioning by the Crown, Theriault acknowledged that his observations were all based on what Samson told him in the 2½-hour interview as well as on court documents. He agreed that the boat captain was conscious and understood what was taking place at the time of the killing.
Theriault also testified that Samson scored in the low range for violent recidivism.
History of conflict
Earlier in the day, Samson's wife, Carla Samson, said Boudreau was hostile toward her husband and his crew.
She testified that she had known Boudreau for 25 years, and it was not uncommon for him to charge the vessel, the Twin Maggies, and threaten the crew.
Carla Samson, owner of the Twin Maggies, had originally been charged with being an accessory after the fact in what has become known as the murder for lobster case, but that charge was later withdrawn.
Carla Samson also told the court she had 20 to 25 traps cut every year except one — when Boudreau, 43, was allegedly incarcerated. The damage cost up to $6,000, she said, although admitted she never saw Boudreau cut the traps.
The Crown, however, said Samson's allegations against Boudreau, including that he had been in jail, had not been proven.
The CBC's Wendy Martin was live blogging from court in Port Hawesbury, N.S.
An agreed statement of fact indicates three men on board the boat witnessed Boudreau near their lobster traps in Petit-de-Grat Harbour and believed he was interfering with them.
Boudreau shot, gaffed
Deckhand James Landry shot at Boudreau four times — one shot hit Boudreau in the leg.
Samson then ran at Boudreau's boat several times.
The men then hooked Boudreau with a gaff and dragged him out to sea. His body was never found.
Landry was originally charged with second-degree murder, but a jury found him guilty of manslaughter in November and sentenced him to 14 years.
A second deckhand, Craig Landry, pleaded guilty to being an accessory after the fact and was sentenced to 28 days time served, plus two years probation.
Crown Shane Russell said he would seek a sentence in the "double digits" for Dwayne Samson.
Samson's lawyer, Brogan, indicated he will look for something in the range of seven to nine years.