A Â鶹´«Ă˝Ół»man will spend two years less a day in prison for manslaughter after pleading guilty to the sucker-punching death of a Downtown Eastside man.
Jonathan James Payne, 38, was charged in January of 2021 in connection with the death of Neil Scarisbrick.
"I'm sorry," Payne mouthed to Scarisbrick's family as Â鶹´«Ă˝Ół»Provincial Court Judge John Milne sentenced him May 3.
Milne called the death "a very serious crime of violence."
As Milne read the decision, Payne's leg shook steadily. He occasionally ran his hand over his head as his family looked on.
The defence had suggested a conditional sentence order allowing Payne to serve the sentence in the community.
Milne, however, said that suggestion did not meet the sentencing principles of deterrence and denunciation. He did agree Payne was an "extremely low risk to re-offend" and that he had exhibited genuine remorse for his actions.
The Â鶹´«Ă˝Ół»Police Department said the 36-year-old Scarisbrick was sucker-punched during an altercation near Columbia and East Hastings Streets in the early hours of Sept. 7, 2020.
Scarisbrick died after the two punches to the back of the head from Payne led to him collapsing into the street.
In February, Crown prosecutor Tara Laker told the court that Scarisbrick had been arguing with his girlfriend about her perceptions of his infidelities. She had gone to a local pub to meet Payne and his girlfriend.
Payne was a close friend of Scarisbrick's girlfriend, Laker said.
She soon left, however, to find Scarisbrick as she was worried about his emotional state. She met him at Pigeon Park at Hastings and Carrall Streets.
Soon Payne and his girlfriend came by. Scarisbrick's girlfriend pursued them, and Scarisbrick followed, meeting them outside 41 East Hastings.
Laker said an altercation ensued. Scarisbrick turned his back to Payne, at which point Payne punched him twice. He fell and struck his head on the road.
He walked away but soon returned and appeared to kick the fallen man.
Police, fire and paramedic crews soon arrived, but Scarisbrick could not be revived.
"Mr. Scarisbrick was pronounced dead at the incident site," Laker said, adding a pathologist concluded the cause of death was blunt force trauma.
She said Payne had suggested the punches were self-defence against the martial-arts-trained Scarisbrick.
Milne rejected that argument.
Milne said the blow came from behind, and Scarisbrick did not expect to be struck.
"The assault was intentional," Milne said.
Payne's addressed the court during sentencing submissions, calling the incident "the biggest mistake of my life."
"Please know how horribly remorseful I am for my actions," he said.
Laker said Scarisbrick had a bright future ahead of him, having excelled at sports and academics in school before earning a UBC philosophy degree. She said he had dealt with mental health issues as he grew older.
