Sentencing arguments expected to start for man convicted in Misha Pavelick’s murder

It will be just two months shy of 20 years since Misha Pavelick was killed when sentencing arguments will be heard for the man convicted of killing him.

The man was convicted by a jury of second-degree murder in November.

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Part of the arguments to be heard this week will include whether the man will be tried as a youth or an adult. He was 17 at the time of the killing and so his name has not be public through the whole ordeal, Crown lawyer Adam Breker has said he’ll be seeking an adult sentence.

A youth sentence for second-degree murder is no more than seven years, usually served split between in custody and in the community. An adult sentence for second-degree murder is life without parole for at least 10 years and no more than 25.

A number of pre-sentence reports were ordered after the man’s convicted, which appeared to be at least part of the reason for the four month wait.

Misha’s father, Lorne Pavelick, didn’t give an opinion on appropriate sentencing when he spoke in November — he said he’d leave that up to the lawyers. Lorne also offering some compassion to the family of the accused, saying they should be afforded some kindness in their time of grief as well.

According to the evidence heard in court, Pavelick died at a graduation party at Kinookimaw Campground on the May long weekend in 2006.

Nearly three dozen people testified at the trial, weaving the story of what happened that night. There were many instances for almost every witness where they couldn’t remember details or misremembered things and were challenged or reminded of previous recollections by the lawyers.

Court heard that the man who was convicted and a number of others went out to the party uninvited that night. A fight started over an ex-girlfriend of Pavelick’s who was the then-current girlfriend of one of the uninvited group, Andrew Perkins.

Some witnesses said there was a short break between this and a second fight, while some others said one went directly into another.

In the second fight, court heard a number of boys, including the man who was convicted, approached Pavelick and attacked him, resulting in Pavelick on the ground being kicked and punched. The Crown’s case asserted this is when Pavelick was stabbed.

Another fight broke away from this one, and most witnesses said their attention followed that fight. Most said they couldn’t remember how the fight involving Pavelick ended.

A number of witnesses were called to attest to what happened after that. Several talked about the man who was convicted acting strangely and becoming angry and upset, and a couple said they heard him say things like he “got him,” referring to Pavelick, or saying that he’d stabbed a guy.

The defence lawyer Andrew Hitchcock, questioned many witnesses’ recollections and the credibility of some others. He told the jury it was just too difficult to know, beyond a reasonable doubt, what happened that night.