Publication date: September 14, 2022 • 13 hours ago • 3 minutes read • 5 comments Damien Starrett, seen in an undated photo, was charged with second-degree murder in the 2019 death of son Ares. He was eventually convicted of the lesser charge of manslaughter by intention. jpg

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A man convicted of killing his son was given time off his sentence this week after a judge found Edmonton Detention Center staff subjected him to threats and verbal abuse — one of several cases in which a judge reduced the sentence for “state offence” in prison.

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Damien Starrett, the Edmonton-area man convicted of manslaughter earlier this year in the death of his one-year-old son Ari, said he was taunted by one or more Edmonton Correctional Officers (ERC) shortly before his release. under warranty in 2020. Sign up to receive daily news headlines from the Edmonton Journal, a division of Postmedia Network Inc. By clicking the subscribe button you consent to receive the above newsletter from Postmedia Network Inc. You can unsubscribe at any time by clicking the unsubscribe link at the bottom of our emails. Postmedia Network Inc. | 365 Bloor Street East, Toronto, Ontario, M4W 3L4 | 416-383-2300

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Court of King’s Bench judge John Henderson sentenced Starrett to seven years in prison on Tuesday, but reduced the time he has to serve to just under four and a half years. The judge said he took three months off Starrett’s sentence because of comments made to him by ERC staff. “The behavior of the ERC guards was not just unprofessional, it was a flagrant breach of their duty to protect all inmates at the ERC,” Henderson said. “It is not part of their job to assault, threaten or intimidate prisoners.”

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“Baby Killer”

Starrett was arrested on November 23, 2019, after killing Ares at his home in Fort Saskatchewan. The court heard that Starrett flew into a rage when his then five-year-old daughter woke him from a nap and punched Ares repeatedly before punching her in the head at least twice. Starrett claims he has no recollection of the attack, telling the court that the first thing he remembers after waking up was his daughter curled up in a ball, crying. The 33-year-old claimed a sleep disorder made him not criminally responsible for the attacks, but Henderson blamed Starrett’s behavior on unresolved anger issues and his history of heroin use. Starrett spent four and a half months at the ERC before being released on bail in April 2020. Starrett’s lawyer, Rory Ziv, said that during his release, a correctional officer in the intake and discharge unit told Starrett “you’re a baby killer (and ) they let you go. You’re a piece of s—.”

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An undated photo of one-year-old Ares, who was killed at his home in Fort Saskatchewan in 2019. jpg Another officer told Starrett he should kill himself, while others informed a cell full of inmates that Starrett was a “baby killer” and suggested “GP (general population) boys” should be informed of Starrett’s charges. Henderson said Starrett was in a “very fragile emotional state at the time of his release” and that the guards “inflicted Mr. Starrett with feelings of anxiety, worry and upset.” Crown prosecutors did not dispute Starrett’s version of events. Kathryn Thompson, a spokeswoman for Alberta’s Ministry of Justice and Attorney General, said employee privacy regulations prevent her from saying whether the officers involved were disciplined. “However, any complaints about Alberta government personnel, including correctional peace officers, are taken seriously and fully investigated.”

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“State offense”

In 2010, the Supreme Court of Canada confirmed that the Criminal Code allows judges to consider “state misconduct” as a factor in sentencing if certain conditions are met. Since then, several Alberta inmates have been granted sentence reductions for the actions of detention center staff. In 2018, the Alberta Court of Appeal granted Erico Gallant 90 days of his five-year sentence for breaking into an ex’s home and assaulting her. The court heard that, while awaiting trial, Gallant baited two guards into breaking his arm “to gain either a financial advantage or a reduced sentence. Despite Gallant’s prodding, the appeals court granted the reduced sentence “given the guards’ lack of a clear explanation for the injury and the guards’ professional responsibility to resist such baiting.”

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Most recently, serial rapist Matthew McKnight had a year served on his sentence for a 2016 assault on another Edmonton inmate, with Judge Doreen Sulyma calling the investigation by staff and police a “cover-up.” Ziv, Starrett’s lawyer, said Section 12 of the Charter protects people from cruel and unusual treatment by the state. In addition to the three months of state misdemeanor time off, Starrett received four months of credit for “collateral consequences” of detention and house arrest. Specifically, Starrett was housed in administrative segregation with minimal time outside of his cell and on two occasions was “fee bombarded” by other inmates. He also suffered “vigilant protests and threats” after his release. Starrett also received credit for the “tough” conditions imposed on him while on bail. [email protected] twitter.com/jonnywakefield

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