Army reservists sentenced

Judge At Sentencing: Homeless Man's Killers 'Worse Than Soccer Hooligans'
Thursday May 1, 2008
CityNews.ca Staff

They stomped and kicked a homeless man to death and then turned on a Good Samaritan who tried to intervene and for that, two army reservists will spend the next several years in jail.

A judge handed down the penalties for Cpl. Jeffrey Hall and Pte. Brian Deganis Thursday, the pair who admitted beating 59-year-old Paul Croutch to death at Moss Park in August 2005.

Hall, who taunted his victim as he delivered blow after blow, will serve 10 years and eight months, while Deganis will get about half of that - five years and six months.

The latter's sentence was reduced because he was the only one of the accused who was never bailed out while awaiting trial and he gets credit for time served. The 24-year-olds pleaded guilty to a reduced charge of manslaughter earlier this month. They had been looking at second-degree murder accusations.

In his decision, Superior Court Judge Eugene Ewaschuk made clear that the fact both men had an "elitist attitude that they are superior to homeless persons must be condemned."

The men called the homeless a "waste of skin" and vowed to take back the park from them. The judge decried the brutal attack, ironically noting the victim was "kicked and punched with military precision."

"They used him as a combination punching bag and soccer ball," the Ontario Superior Court justice said.

"They punched and kicked him with such ferocity that they moved his body a distance of seven to 10 feet."

Both Hall and Deganis were drunk on the night of the crime and both have since been to rehab. They've also apologized for their actions, saying they'd have to live with the guilt for the rest of their lives.

But the judge had little sympathy with their explanation that the demon alcohol had turned them into killers.

They "knew they were beating a homeless person and intended to beat him severely," the jurist ruled. And he noted there was an aggravating factor that further influenced his decision. "The savagery of the beating...puts the shame to European soccer hooligans," he condemned.

After the hearing, Hall's lawyer John Rosen said he had issues with the justice's final decision.

"I think the language that Justice Ewaschuk used somewhat reflected the facts but not entirely," Rosen said. "I disagree with him. My client publicly apologized, indicated his remorse. It was genuine. He's prepared to serve his sentence."

Rosen claims the large amount of alcohol his client consumed caused him to black out for part of the attack.

Deganis' lawyer J.J. Burke said his client is also very remorseful.

"It's a horrible thing, but at the end of the day we have a death, and he is horribly remorseful, and it just goes to show you what alcohol can do," he said.

The third accused, 25-year-old Cpl. Mountaz Ibrahim, got away with a 10 month sentence after conceding he helped the others assault a woman who tried to stop the violence and allowed them to flee the scene.

Valerie Valen was severely beaten for her heroic efforts to save Croutch's life and has launched a $2.5 million civil suit against the trio. Despite that, she says she forgives them and hopes they can turn their lives around.

"I forgive them and I really, really sincerely feel sorry for them and their families and I really, really hope that this has been an eye-opener and a life-changing situation for them," she said.

The three reservists were suspended after their arrests and they will be discharged from the Canadian Forces.