Dawson City, Yukon, man sentenced to 6 years for manslaughter in 2018 death of B.C. man
A Dawson City, Yukon, man has been sentenced to six years in prison for manslaughter, in connection with the April 2018 death of Kevin McGowan, in Dawson.
Kane Morgan was sentenced on Friday. He'll serve six years minus 95 days credited for time already served in pretrial custody.
Morgan was found guilty in March of manslaughter. He had initially been accused of second degree murder, but the two-week jury trial determined that Morgan had been heavily intoxicated by drugs and alcohol at the time, and was therefore not able to form intent. The jury found Morgan not guilty of second degree murder.
Before issuing her sentence on Friday, Yukon Supreme Court Chief Justice Suzanne Duncan acknowledged that this has been a unique and very tragic case for several reasons.
She cited Morgan's troubled childhood and resultant trauma, as well as the fact that he has worked hard to change his life for the better since McGowan's death.
Duncan also acknowledged the profound impact McGowan's death has had, and continues to have, on those who knew him.
The court heard that Morgan and McGowan, who was from Port Coquitlam, B.C., met in April 2018 shortly after McGowan had moved to Dawson City to pursue his career as a chef. On the night McGowan died, the two men were hanging out at a bar before going to a house party together. They were later seen walking downtown, shouting "I love you man" to each other.
Their relationship was described as friendly. Morgan said they were getting along and had a lot of similar interests.
The court, however, also heard that Morgan was acting wildly and erratically throughout the night.
McGowan was found dead in the street in downtown Dawson later that night. Morgan admitted to causing McGowan's death by blunt-force trauma.
Morgan testified that he had been drinking in addition to using several drugs including MDMA and magic mushrooms. It's believed that Morgan was experiencing paranoia and psychosis as a result.
Sentencing arguments
The court heard at the sentencing hearing on Thursday that the crime has had a horrific impact on McGowan's friends and family.
Thirteen victim impact statements were read during the sentencing arguments. Relatives, friends and family members described 41-year-old McGowan as funny, kind, and the life of the party. He was also someone who was quick to help others, they said.
Brogan Tansowny, McGowan's daughter, was 19 when her father died. She appeared at this week's hearing by video conference and read an emotional statement, describing her early adult life consumed by grief and trauma.
"He won't have the chance to walk me down the aisle, or show me his favourite restaurant," Tansowny said.
Relatives, friends and family members described 41-year-old Kevin McGowan as funny, kind, and the life of the party. (Submitted by Dianna and Dave McGowan)
Duncan considered the devastating impact of McGowan's death on his family and friends as an aggravating factor in sentencing. She also considered Morgan's past history of being aggressive when intoxicated.
Duncan said Morgan knew the personal risk of using substances and that "McGowan wouldn't be dead if Morgan hadn't been intoxicated that night."
Duncan, however, also recognized that the crime led Morgan to completely change his life over.
She spoke of an "extraordinary rehabilitation" and noted definitive evidence of Morgan's remorse. She quoted letters of support all confirming Morgan's profound change — including his sobriety journey — as a result of McGowan's death.
"He knows he will have to live with the horror of his actions everyday of his life," Duncan said.
