Lisa Scott
Northern News Services

Yellowknife (Nov 02/05) - The mother of a manslaughter victim was hoping her son's killer would be sentenced to life in prison - but had to settle for a five and a half year sentence.

"I was hoping he'd get life, but I'm not the judge," Lena Austin said Monday after Justice Rene Foisy sentenced Timothee Caisse in the April 2004 shooting death of her son David Austin.

"This is my whole life. He took my only son away," said Austin, who witnessed the four-day jury trial from the public gallery.

Her brother John Gon was more forgiving and was satisfied with the time Caisse, 56, will spend in jail.

"We can't blame it all on Mr. Caisse himself. David was also the aggressor," said John Gon.

"I have no grudge against Mr. Caisse. I know he suffered a great deal already," said Gon.

Caisse, a former Giant Mine worker, was charged with second degree murder after shooting Austin,33, with a rifle at a drunken gathering in Caisse's Highway 3 home.

During the trial, defense lawyer Kelly Payne maintained that Austin was the aggressor, an uninvited guest who beat Caisse, his wife and stepson, and demanded money from them.

Caisse, who was under a five-year firearms prohibition at the time of the shooting, admitted to pulling the trigger, but said Austin surprised him and jumped out of the darkness at him.

The 11-member jury deliberated for seven hours before opting to find Caisse guilty of the lesser charge of manslaughter.

During sentencing Monday, Justice Foisy said he was satisfied that Caisse wouldn't be involved in another shooting.

He praised Caisse for being a skilled worker and contributor to society, but said he was concerned about how he deals with firearms.

Justice Foisy imposed a lifetime firearms ban and recommended that Caisse serve his prison time in the Northwest Territories.

Caisse received six months credit for time served awaiting trial and could be eligible for parole after serving one-third of his sentence.

Crown lawyer Steven Hinkley was seeking seven to nine years, while Payne asked for the minimum four-year sentence for manslaughter. Maximum sentence for manslaughter is life in prison.