'Fallen through cracks': Judge wants treatment for killer who attacked man in Edmonton homeless shelter, threatened court

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An Edmonton judge says she hopes to find a “creative” sentence that will help an accused who killed a man in a homeless shelter find treatment for his undiagnosed mental illness.

Court of King’s Bench Justice Anna Loparco’s statement came shortly after sheriffs whisked Stanley Jago from the courtroom after Jago gestured toward the bench and declared, “I’m gonna kill one of you one day, I promise you.”

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Jago spent the next 10 minutes screaming in the adjacent cellblock. Once he was calm enough to return to court, Loparco described him as an “individual who has fallen through the cracks.”

Loparco said her goal is to craft a sentence that will include some requirement for mental health treatment. She noted that, despite numerous brushes with the justice system, Jago has not been diagnosed or treated for the paranoia, impulsiveness and delusional thinking he displays in court.

“We have an opportunity here, and I see from the (pre-sentence) reports that Mr. Jago is expressing a willingness to get help. Whatever we can do to address recidivism and get at the root cause will protect society.” 

Loparco convicted Jago of manslaughter last April for killing Thomas Gignac at the Herb Jamieson men’s shelter in January 2022.

Court heard Gignac, 54, stumbled near Jago’s sleeping mat in the shelter’s detox hall after using the washroom. Jago said he awoke and saw Gignac with his pants partly undone. Claiming he feared he might be sexually assaulted, Jago attacked Gignac, punching him 10 times in the head.

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Shelter staff arrived to check on Gignac about 10 minutes later. CPR began 15 minutes after that, but Gignac ultimately died of his injuries. Jago remained on scene and was charged with manslaughter.

Jago was disruptive and sometimes violent throughout his trial. After Loparco found him guilty, Jago threw a punch at a pair of sheriffs, who wrestled him to the floor. A ministry spokesperson said the sheriffs were not injured.

‘Doesn’t change the reality’

Crown prosecutor Aisling Ryan argued for a 5 1/2 year prison sentence. She said Jago’s crime falls in the middle of the manslaughter spectrum, which runs from near accident to near murder.

Ryan said the Crown accepts that Jago is mentally ill, which lowers his “moral culpability.” A psychiatrist who assessed Jago was unable to settle on a diagnosis, but nonetheless found there were a variety of mental health concerns at play, she said.

“The fact we can’t put a specific DSM (Diagnostic and Statistical Manual of Mental Illnesses) term on it doesn’t change the reality.” 

The Crown supports a sentence that addresses Jago’s mental illness, Ryan said, but noted sentences shorter than two years are served in provincial facilities, which have fewer mental health supports than federal prisons.

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With credit for pre-trial custody — typically awarded at 1 1/2 days for every actual day in remand — Jago would have around a year-and-a-half left to serve under the Crown’s proposed sentence.

While Loparco could order Jago to undergo residential treatment, she cannot order a program to hold him against his will, the prosecution said.

“Mr. Jago would need to want to do it and agree to stay there himself,” Ryan said. She noted Jago has a history of failing to follow court orders and has served short jail sentences for robbery, assaulting a peace officer and resisting arrest. 

Defence lawyer Alexander Brophy pitched a four-year prison sentence.

Childhood history unknown

Little is known about Jago’s early life. He was adopted from Haiti around age four or five. According to his brother, Jago landed in a “stable” family in Canada, but the Crown acknowledged the change in countries at such a young age would have nonetheless been a traumatic experience.

He lived and worked with the brother in Alberta for a time but, either due to mental health or substance abuse issues, later “isolated himself,” Ryan said.

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Ryan said a probation term on top of prison time could include some type of treatment order, but expressed concerns about the likelihood of Jago seeking mental health treatment without support.

Loparco requested the parties provide her with cases on sentencing in manslaughters where the victim is in poor health. She also asked how she should weigh Jago’s decision to attack Gignac given his mental health issues and the nature of violence in homeless shelters.

Loparco is expected to sentence Jago on Aug. 23.

jwakefield@postmedia.com

x.com/jonnywakefield

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