The Quinte Regional Courthouse in Belleville. (Photo: Nicole Kleinsteuber / Quinte News)
“My heart hurts,” 16-year-old Kyle Fudge wrote about the death of his grandfather in his victim impact statement that was read aloud during the manslaughter sentencing hearing of Joshua Hickey.
At the Quinte Consolidated Courthouse on Friday, the 31-year-old Quinte West man was sentenced to serve four years in a federal penitentiary after pleading guilty last month to the October 2016 beating death of 63-year-old Alvin Morrison. Judge Geoffery Griffen granted Hickey credit for time already served so altogether he will spend another 35 months in custody.
“Even though you were taken from me, you will always be in my heart,” Fudge wrote. It was one of two victim impact statements presented to the court, the only one read aloud and by Morrison’s daughter.
The teen wrote how he had missed several weeks of school as he struggled with the ongoing pain of losing his grandfather with whom he was very close.
“Words cannot explain what my poppy meant to me,” wrote Fudge. “My heart hurts. While you’re in heaven please watch over me. You’ll always be on my mind and in my heart even though you’re gone.”
Evidence entered in the case showed that on the day of Morrison’s death on October 11, 2016, he had been drinking with Hickey’s father Albert Hickey. Following a bit of horseplay at a residence on Old Highway 2, Albert Hickey fell and hit his head rendering him unconscious. Morrison had attempted to get Albert Hickey up multiple times, Joshua Hickey who was sober, requested that Morrison stop and a fight ensued. Joshua Hickey struck Morrison multiple times with a closed fist and Morrison didn’t fight back. Morrison was taken to Trenton Memorial Hospital where he was later pronounced dead. An autopsy determined that blunt force trauma caused Morrison’s death.
Hastings County Assistant Crown Attorney Adam Zegouras and defence lawyer Pieter Kort presented two differing requests for sentencing. Zegouras wanted to see a six year prison term handed down while Kort was more akin to a two to three year sentence. Presenting several manslaughter cases in where the victim died as a result of an altercation, Zegouras said the range of four to ten years was ‘appropriate to circumstances similar to this.’ Zegouras argued the aggravating factors presented in the case were Hickey’s previous criminal record, his failings to comply with probation orders and how he thought Hickey felt ‘justified’ in his behaviour. A mitigating factor was his admission of guilt which Kort said proved Hickey was remorseful.
Hickey briefly addressed the court to speak to his actions on that fateful night.
“I am so sorry,” Hickey said quietly. “I don’t know what to say.”
Judge Griffen noted it was a difficult exercise coming to his decision as the case presented a unique set of circumstances.
“Alvin Morrison is dead and Mr. Hickey is responsible,” stated Judge Griffen. “Mr. Morrison was loved by many and there is nothing that we can achieve today that will cause his family the relief of having him with them. We want everyone to understand Mr. Morrison’s worth is much more than the sentence that will be given here today.”
Judge Griffen also voiced a concern regarding Hickey’s level of impulse in the way he reacted that night.
“There certainly was a better way to handle this,” said Griffen. “It was an elevated and highly emotionally charged situation and his reaction was what it was. This shouldn’t have resulted in blows to Mr. Morrison. That shouldn’t have happened. It should be denounced. If you’re going to resort to violence to solve a problem there must be consequences.”
Along with sentencing, Hickey was ordered to provide a DNA sample, is prohibited from having any weapons for 10 years and must attend counselling while in prison.
