41-year-old Alvin Thomas was originally facing a charge of second-degree murder in relation to the death of Marisha Hoksbergen in Cumberland House in 2022. On July 9 of this year, Thomas entered a guilty plea of manslaughter instead.
Melfort Court heard that Thomas and Hoksbergen were in a relationship at the time of the incident but were going through a rough patch, and Thomas was staying at a friend’s house in the days leading up to Hoksbergen’s death.
Thomas admitted to the court that he was in possession of a sawed-off shotgun that he always kept loaded and was prone to random discharge.
It’s alleged that on the day of the incident, Thomas and Hoksbergen were in the same house. He and Hoksbergen got into an argument. She was lying in bed and handed him his shotgun; he was yelling at her, and the shotgun was put down. When she went to pull a blanket over herself, the shotgun discharged fatally, striking her.
The RCMP issued a warrant for Thomas’s arrest on June 1, 2022, two days after the incident occurred.
Thomas was arrested by the Prince Albert Police Service on June 4 for committing a break and enter at the Applebee Glass compound in the city. PAPS was not aware of the warrant for Thomas’s arrest when they took him into custody and didn’t realize until they got back to the police station.
Defense argued that when Thomas was taken into custody by PAPS, officers lifted him up from the ground by the handcuffs he was wearing, causing his wrist to break.
“There was excessive force by police,” stated defense lawyer Susan Ryan.
The Crown argued that police are allowed to use physical force when arresting individuals, and there is no evidence that the police used excessive force.
“Pulling on handcuffs is not excessive force,” said crown prosecutor Jennifer Schmidt.
The defense is requesting the judge take the force used during the arrest into consideration when determining Thomas’s sentence, hoping to bring the sentence down by 10%, or roughly six months.
The crown is requesting a sentence of four to eight years, hoping that the verdict will be on the higher end.
Thomas has a lengthy criminal history as well as addictions and mental health issues.
He admitted that selling drugs was a natural progression from doing drugs and that he has access to drugs while in jail but has been living a considerably more sober life than he was before.
From 2020 to more recent years, Thomas faced charges of sexual assault, pointing a firearm, uttering threats, and more. Before those charges, there was a 17-year gap in his record that the defense argued proved Thomas is capable of living a crime-free life.
Members of Hoksbergen’s family were in attendance at court today, with several individuals reading out victim impact statements.
“I’m sad that you’re not here for Christmas or my brother’s birthday,” read a statement submitted by one of Hoksbergen’s young sons.
“A parent’s worst nightmare, it was my worst nightmare,” stated Hoksbergen’s mother. “I do want to make it heard that I am tragically hurt; what keeps me going is her two sons.”
Before the hearing wrapped up, the judge gave Thomas an opportunity to make a statement.
“Sorry to the family, and I give them condolences for their loss. I am responsible, and I’m not making any kind of excuses,” he said. “I’m sorry for taking her life.”
Currently Thomas has roughly three years and three months of time credited in jail.
A sentencing hearing has been scheduled for November 1, 2024, at the Court of Kings bench in Melfort.