THEBACHA/FORT SMITH - A Fort Smith man has been sentenced to six years imprisonment for killing his brother.

Joseph Emile, 20, was sentenced on a charge of manslaughter on July 4 during an NWT Supreme Court sitting in Fort Smith.

Joseph Emile of Fort Smith was sentenced to six years for manslaughter. - Paul Bickford/NNSL photo

Emile received double time credit for a year in custody awaiting trial, meaning he faces four more years of incarceration.

The young man pleaded guilty earlier this year to the June 24, 2007, stabbing death of Jackson Benwell, 22.

Justice Louise Charbonneau called it a "sad, tragic case" involving senseless violence fueled by alcohol.

"These types of incidents are all too common, unfortunately," Charbonneau said.

The court was told Emile and Benwell had argued and fought at a Fort Smith residence.

Emile, who was 19 at the time, then went to a residence on St. Ann's Street, where he argued with and assaulted his sister.

Another sister ran to tell Benwell, who headed to the St. Ann's Street residence to teach Emile a lesson.

Emile called RCMP dispatch when Benwell was outside, saying he was going to have to use illegal force to keep him out. The dispatcher heard arguing and fighting.

Other people tried to break up the fight, and Benwell eventually left.

Less than a minute afterwards, Emile grabbed a steak knife and ran after his brother.

The chase ended in a yard two houses away, where Emile stabbed Benwell in the heart.

No evidence was presented on what caused the arguments and fights leading up to the stabbing, which happened at about 7:30 a.m.

"I'd like to say I'm really sorry for what happened," Emile said during the two-day sentencing hearing.

Defense counsel Hugh Latimer said Emile's remorse is real and the fact he killed his brother is a form of punishment.

"That's going to haunt him to the day he dies," Latimer said.

The defense called three people to testify at the hearing.

Jack Emile, the father of Joseph Emile, said he forgave his son.

"It's like I lost two sons when this happened," Jack Emile said.

Joseph Emile and Benwell share the same mother, but different fathers.

Walter Freund, a Fort Smith businessman, testified Emile was a good employee and he would gladly hire him again.

The most emotional testimony came from Smith's Landing First Nation Chief Fred Daniels.

"Even though we lost one youth in this tragedy, I believe we have time on our side to save another," said Daniels, fighting back tears.

The chief said, if Emile is sent to a harsh penitentiary in the South, it will be difficult for him to be accepted back into the community upon release.

Latimer proposed a total sentence of four years less a day, which would have left two years less a day to serve.

That would have ensured Emile being sent to a Northern corrections facility, since only sentences of two years or more mean federal penitentiary time.

Charbonneau said she could not impose such a sentence, saying it would send the wrong message.

However, she recommended "in the strongest possible terms" to corrections officials that Emile serve his sentence in the North.