Behchokǫ̀ man to stay in territory for manslaughter sentence

Colton Migwi will remain in the Northwest Territories to carry out his sentence for killing his brother. 

Colton, 32, pleaded guilty to manslaughter last December after his brother Andrew Migwi was found dead in their home in Behchokǫ̀ on March 7, 2020. 

Migwi was first charged with murder but later pleaded guilty to the lesser charge of manslaughter as part of a plea agreement.

Justice Andrew Mahar sentenced Colton Wednesday afternoon in the Supreme Court of the Northwest Territories after hearing lawyers' submissions earlier that morning.

Mahar sentenced Colton to serve a total of six years in custody.

Taking into account his time served prior to sentencing since his arrest in March 2020 — Colton's remaining sentence is two years less a day.

That term allows Colton to remain at the North Slave Correctional Complex [NSCC] in Yellowknife. Once released, Colton will be on probation for three years.

Mahar's sentence falls between Crown and defence lawyers' submissions. 

Crown prosecutor Duane Praught suggested an eight year sentence emphasizing the "extreme and brutal violence" of Colton's attack on his brother.

In the agreed statement of facts, the court heard that Colton had attacked and stabbed Andrew with a hunting knife. In reading the agreed facts, Praught told the court that Andrew died within minutes.

The circumstances of how the assault began aren't known. The agreed statement of facts described an intoxicated Andrew coming into the store where Colton was working in Behchokǫ and taunting him. On the walk home, the documents say, Colton told a friend that he had to "deal with his drunk brother."

There are no details on when Colton began drinking but he was seen to also be heavily intoxicated later that night.

Defence lawyer Peter Harte submitted Colton should serve a remaining 16 months in custody. He said he had planned to submit a two year less a day sentence at a hearing originally scheduled for June, but that hearing was postponed for Praught to seek a psychiatric assessment order. Colton later refused to take the assessment. 

Harte said his 16 month submission accounts for the time Colton spent in custody between June and Wednesday's hearing.