Dwayne Samson, captain in 'murder for lobster' case, sentenced to 10 years
CBC News | Posted: September 22, 2015 9:38 AM | Last Updated: September 23, 2015
Nova Scotia fishing boat captain pleaded guilty in May to manslaughter in death of Philip Boudreau
A Cape Breton lobster boat captain who pleaded guilty to manslaughter in the death of another fisherman has been sentenced to 10 years in prison.
Dwayne Matthew Samson was given 103 days of credit for time served at the Supreme Court sentencing hearing in Port Hawkesbury, N.S. He was also handed a lifetime ban on owning firearms.
The sentencing marks the final chapter of the so-called murder for lobster case.
The D'escousse man is one of three men convicted in the death of Philip Boudreau.
He pleaded guilty in May.
In passing sentence, Justice Simon MacDonald noted that Samson played a significant role in the death by bringing the rifle and helping drag Boudreau out to sea.
Samson had no previous record. MacDonald said he knew Samson would not be back before the courts, but "you can't take another life like that."
"Vengeance cannot be condoned," he said.
Samson's wife, Carla Samson, owner of the fishing boat, burst into tears as he was being led from court.
Outside, the Crown said the sentence is just. The defence called it too harsh and said it would be looking at an appeal.
Samson was the captain of the Twin Maggies, the day he and the crew saw Philip Boudreau at their traps. An agreed statement of facts says that the three-man crew shot at Boudreau, rammed him with the boat and dragged him out to sea.
Court heard Boudreau was shot, hooked with a gaff and dumped in about 20 metres of water.
Samson's lawyer, Nash Brogan, argues his client was following the lead of his father-in-law and deckhand, James Landry.
"It's clear from the record that my client said he wanted to scare him. There's statements of James Landry saying, 'I wanted to kill him.' There's a world of difference. The moral blameworthiness of our client, we say, is a lot less," said Brogan.
The CBC's Wendy Martin is live blogging the sentencing on Tuesday.
Boudreau's damaged, overturned skiff was found shortly after he disappeared.
But the 43-year-old's body has yet to be found.
James Landry was originally charged with second-degree murder, but a jury found him guilty of manslaughter in November and sentenced him to 14 years in prison.
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.