Druken gets 12-year sentence

Jody Druken was given a 12-year sentence Thursday for manslaughter in the shooting death of his brother Derek Druken nine years ago.

Supreme Court justice Carl Thompson's sentence surprised the court because the Crown and defence made a joint submission suggesting that Druken receive only five years, which would amount to time served and no extra time behind bars.

Thompson, however, rejected the submission and last week had Druken placed in custody while he reviewed the case.

Deducting time served, Thompson's sentence means Druken faces just under six years in prison.

In 1999, Druken was found not guilty for shooting and killing Derek Druken following an argument in a parking lot in downtown St. John's.

A new trial was subsequently ordered, and last month Druken pleaded guilty to manslaughter.

• FROM NOV. 2, 2005: Jody Druken pleads guilty to manslaughter

In handing down his sentence, Thompson said he was concerned by Druken's apparent lack of regard for his brother's life.

He said he was concerned that Druken was armed with a gun and refused to walk away from his brother's challenge to go outside a doctor's office and fight.

Garrett O'Brien, Druken's lawyer, said he will appeal the 12-year sentence, which less time served means Druken faces as many as six years in prison.

"He has rejected a joint submission, and just that issue is grounds for [an appeal]," he said. "We don't agree with the decision."

"I wouldn't say I'm disappointed," said Crown prosecutor Steve Dawson. "The judge is the one who makes the final decision. We just make our submissions."

After the decision, Druken was cuffed and then escorted out of the courtroom.

Randy Druken, his brother, declined to be interviewed by the media.

Randy Druken is one of three men whose experiences with the criminal justice system are being examined by the Lamer inquiry. Druken served more than six years in prison for the murder of his girlfriend, Brenda Young, before ultimately being cleared by DNA evidence.

The saga of the Druken family has weaved through testimony of the Lamer inquiry, with evidence presented that indicated another brother Paul Druken, now deceased was present at the scene of the Young murder.