Reservists jailed for several years each for killing of Toronto homeless man

Cpl. Jeffrey Hall and Pte. Brian Deganis, both 24 and members of the Queen's Own Rifles of Canada, pleaded guilty to manslaughter last month in the death of 59-year-old Paul Croutch on Aug. 31, 2005.

"They used him as a combination punching bag and soccer ball," said Ontario Superior Court Justice Eugene Ewaschuk, who called the crime a "near murder" which has "disgraced and dishonoured the Canadian Forces."

Hall and Deganis had each faced a charge of second-degree murder that was temporarily elevated to first-degree murder.

With credit for time served in custody, Hall has 10 years and eight months remaining in his sentence, while Deganis has five years and six months left. Deganis's sentence took into account the two-plus years he has been jailed since being arrested in September 2005, while Hall had been out on bail.

Both men were handed 10-year sentences for manslaughter and an additional year for assaulting a passerby who tried to stop the beating, to be served consecutively.

Ewaschuk said the sentences reflect the fact that Hall and Deganis, who as military men were entrusted with protecting people, felt a condemnable superiority to the "innocent and totally helpless" Croutch.

During their six-week trial, court heard that Hall and Deganis "spewed out" hate-filled words about "bums" and "crackheads" during the beating.

"They punched and kicked him with such ferocity that they moved his body a distance of seven to 10 feet," Ewaschuk told the packed courtroom.

"The two accused literally stomped Mr. Croutch to death."

A third reservist, Cpl. Mountaz Ibrahim, 25, was sentenced to 10 months after he pleaded guilty to being an accessory after the fact because he helped the killers flee the scene.

Hall and Deganis are also prohibited from owning firearms, ammunition or explosives for life, while Ibrahim's prohibition of the items will last 10 years.

All three men, who were led from the courtroom in handcuffs, were also sentenced for assault causing bodily harm for attacking Valerie Valen, a Good Samaritan who attempted to stop the beating.

"But for her actions, Mr. Croutch's killers may never have been apprehended," said Ewaschuk, who added the assault on Croutch was one of the most vicious he's seen in his 42-year legal career.

Hall and Deganis told police they were drinking heavily leading up to the fatal beating of Croutch, who was a father and former community newspaper publisher.

Court heard earlier this week that Hall and Deganis have battled alcoholism since their teens.

Hall's lawyer John Rosen had argued that his client suffered a partial blackout at the time of the attack.

In asking for a sentence of between nine and 10 years, Rosen said Hall had a "blemish-free" record before he and Deganis attacked Croutch in Moss Park on Aug. 31, 2005.

Rosen claimed Croutch had lunged at Deganis, and Hall stepped in because he misjudged the situation in his drunken state.

"He wishes he could turn back the clock and undo this," Rosen said.

The Crown had been asking for a sentence of up to 15 years.

Prior to sentencing, Deganis's lawyer James John Burke reminded the court that his client has been in jail since his arrest in September 2005.

Burke had asked for a sentence of another three years on top of the time Deganis has already served.

"He never did apply for bail," Burke said. "The explanation, clearly, is that he lost control."

A Canadian Forces spokesman said Thursday the trio were suspended shortly after their arrests and will soon be discharged from service.

Lawyers for Hall and Deganis said they may appeal the ruling.