A man charged in connection to the death of Esa Carriere on Canada Day 2018 has been sentenced to 120 days of prison and 12 months of probation, but he won’t be returning to jail.
Nathan Truant was led out of the courtroom after Justice Allison Beames handed down her sentence of time served as the Kelowna man had already spent 81 days in custody.
Truant and Noah Vaten were charged with manslaughter concerning the July 1, 2018 attack that killed Carriere, a cook who had recently moved to Kelowna. On Sept. 28, Vaten derailed the lengthy trial by pleading guilty after admitting to having “flashbacks” of certain details regarding the attack. This prompted Truant to plead guilty to the lesser charge of assault, but he maintains a not-guilty plea to his manslaughter charge.
Truant led the chase against Carriere near the Queensway Transit Exchange that night, followed by Vaten and two others who cannot be named due to a publication ban. In video footage from that night, Truant can be seen punching and kicking Carriere, causing Carriere to fall to the ground where he was assaulted further. This ultimately allowed Vaten to allegedly deal the fatal blow that killed Carriere.
During a sentencing hearing on Tuesday, Nov. 16, Justice Allison Beames found Truant guilty of assault. She said there is no evidence to suggest that Truant knew that Vaten had a knife that night, and was satisfied by the evidence presented to determine that Truant assaulted Carriere. While Truant’s actions had unintended consequences (Carriere’s death), that is not the basis of the sentencing hearing, said Beames.
Beames acknowledged Truant’s previous criminal record, where he was convicted of assault causing bodily harm and assaulting a police officer. She also acknowledged that drugs and alcohol were significant contributors to the incident and Truant’s remorse towards the incident.
He is required to report to a probation officer after his release from custody and attend any counselling or educational programs deemed necessary by the officer. Truant is also not allowed to possess firearms or weapons of any kind, and he is not allowed to own firearms for at least five years.
Vaten will appear in court on Dec. 8 to confirm the completion of pre-sentence reporting, including a Gladue report, a report that gives the judge the information they need to make the best decision possible when setting an Indigenous person’s bail or sentence. Vaten disclosed that he is Indigenous earlier in his trial.
A sentencing hearing will be set early in 2022 if reports are complete.