WARNING: This story contains distressing details and descriptions of violence.
The four people involved in the 2021 murder of a Hamilton man have all been sentenced to jail.
On Thursday, Superior Court Justice Paul Sweeny sentenced Daniel Holland, Madeleine Peternel and Robyn Cove to seven years, five-and-a-half years, and five years and three months, respectively, for their roles in the confinement, beating and death of Simon “Tommy” Hoang.
Holland, Peternel and Cove previously pleaded guilty to manslaughter. Police escorted them from the courtroom as the judge sentenced them one by one for the “stark and horrifying” attack.
On May 1, the other attacker, Jason Long, received a life sentence with a parole ineligibility for 16 years in Hoang’s death. He pleaded guilty to second-degree murder.
3 sentenced for manslaughter
The trio sentenced Thursday are all in their late 30s and early 40s. Peternel shrugged and shook her head after Sweeny sentenced her. Holland did not visibly react, nor did Cove.
Peternel had been released on bail prior to the sentencing. The other two had been jailed.
Reading from an agreed statement of facts, Sweeny told the court the offenders knew each other. On the evening of Feb. 10, 2021, he said, Long planned to rob Hoang. Peternel, who had a relationship with the victim, lured the 30-year-old to her apartment near Main Street East and Sherman Ave South in Hamilton’s St. Clair neighbourhood, knowing he would be robbed.
Working together, Long, Peternel, Holland and Cove confined Hoang, Sweeny said. Long beat Hoang for over 20 minutes and Holland admitted to hitting him with a pipe, which Sweeny said contributed to his death.
A neighbour reported hearing someone telling another person to stop what they were doing, or that they would “kill him.” Another voice responded that they were going to do just that.
A neighbour called police and when police arrived at the building, they found Hoang with multiple injuries including stab wounds to his neck that were about nine- and 14-centimetres deep, Sweeny said. Hoang passed out in an ambulance en route to hospital and never woke up. He died when doctors took him off life support on Feb. 27, 2021.
In the apartment where the group attacked Hoang, police found numerous bloodstained weapons including brass knuckles and a potato peeler, the court heard.
When Long was seen exiting the building, he left a trail of bloody footprints in the snow, and dropped a blood-soaked pipe, Sweeny said. He was carrying Hoang’s coat and moved Hoang’s car away.
Long later posted a photo on social media wearing a piece of Hoang’s jewelry and holding a large amount of cash.
Police arrested the four attackers in the days following the attack. When Peternel was arrested, she was wearing a necklace that belonged to Hoang, Sweeny said.
Each offender had different degree of blame: judge
Sweeny addressed Holland, Peternel and Cove individually, commenting on what he viewed as their degrees of moral culpability in Hoang’s killing.
He said that while Holland did now know about the robbery in advance, the others admitted that they did, and knew it was probable Hoang would be hurt. None called for help or provided first aid to Hoang as he bled out.
All three expressed remorse in court, and “I am satisfied it is genuine,” Sweeny said.
The judge also said he took into account that the attackers had challenging lives, noting Holland’s mother is a survivor of the Sixties Scoop and his daughter died by suicide.
Holland has an “extensive” criminal record, Sweeny said. He admitted to striking Hoang and his “moral blameworthiness is high.”
Peternel, 37, is a mother of three. She does not have custody of her children. She has been married twice and is a widow, the court heard. Sweeny said she took advantage of Hoang’s trust, which was “reprehensible.”
Cove, 46, is a father of five whose partner of 13 years died of an overdose, Sweeny said. He has a criminal record. He received letters of support from his family and pastor.
Judge took time served before sentence into account
Sweeny also acknowledged the trio served time before they were sentenced, enduring lockdowns due to the pandemic and staff shortages. “The struggles of pre-sentence custody during COVID are well known,” he said, adding he is “mindful of deplorable conditions at some of the facilities.”
Peternel and Cove previously said they were assaulted in jail.
Sweeny said the time served means Holland has about two years left to serve. Peternel has just under two years left and Cove has about five months remaining.
Several members of Hoang’s family were present in court Thursday and other people present appeared to be there for the accused.
Some sobbed or appeared distressed as Sweeny delivered his sentencing.
In their victim impact statements, the family “spoke of the hole that is left in their lives,” Sweeny said.
“There is no sentence I can impose that will assist Mr. Hoang’s family overcome their sense of loss and grief.”