The sentence has come down for a Windsor man charged in the brutal kidnapping and murder of a 26-year-old man more than two years ago.
Dustin Schuh, 28, was sentenced Thursday afternoon by Superior Court Justice Bruce Thomas to life in prison and won't be eligible for parole for 13 years. In addition, he is to not have any contact with members of Scott Phillips' family.
Schuh was one of six people charged in the murder. He was the last person arrested by Windsor police and plead guilty to a charge of second-degree murder earlier this month.
The life sentence with parole eligibility after 13 years was a joint submission by the Crown and Schuh's defence. Crown lawyer Craig Houle laid out three reasons in court why they agreed, but he told reporters after that parole in a case like this may not happen at all.
"Life means life," said Houle. "He can apply for parole in 13 years but that doesn't mean he's going to get it... who knows what the future holds for Mr. Schuh when he's in prison?"
The second reason Houle pointed out in the court was that this was a case that included witnesses who would, under other circumstances, not likely cooperate with police or the courts. The third point was the cooperation the Crown received from the Phillips' family.
Schuh's defence lawyer, Daniel Brodsky, submitted written impact statements to the court, and in his remarks pointed out several instances where Schuh was described as a good man who made mistakes and fell into the trap of the opioid epidemic.
Family and friends of Schuh sobbed loudly as Schuh was led away after the sentencing, and there were shouts of support from others in the gallery. Phillips' family was consoled as they tried to leave the courtroom. Amanda Marion, a cousin of the victim, said the conduct of Schuh's supporters was too much to bear.
"They get to say words that I'll never say again," said Marion. "They hurt him so much that in the hospital I couldn't hold his hand because it was painful to him. His brain was so swollen that any hugging... it was hurting him."
Muffled sobs are heard in the court from Schuh's loved ones as his defence lawyer discusses impact statements in Schuh's favour #sx #sxont
— Blackburn News Essex (@BlackburnEssex) February 21, 2019
Schuh's defence lawyer lists a variety of courses he says his client has been taking over the past three years #sx #sxont
— Blackburn News Essex (@BlackburnEssex) February 21, 2019
Crown says this is a life sentence, not 13 years, since a human life has been ended. #sx #sxont
— Blackburn News Essex (@BlackburnEssex) February 21, 2019
Phillips was taken to an apartment at 605 Mill St. where he was bound, beaten, and stabbed multiple times. Police found him on October 19, 2016.
Investigators said Phillips was targeted. He had also been involved in a stabbing incident a month before his kidnapping but refused to cooperate with police at the time.
The other five people charged in the case also pleaded guilty to their charges.
Walter Smith, 69, was sentenced to two-and-a-half years in prison for being an accessory after the fact. 34-year-old Melissa Luyten was sentenced to four years for forcible confinement. Twins, Dennis and Erick Bercian, 32, received a sentence of five years in prison each for kidnapping.
Houle said Schuh, an American citizen living in Canada as a permanent resident, will likely be deported back to the United States if he is released on parole.
Another man, Daniel Shaw will be sentenced in April for forcible confinement.
- With files from Mark Brown and Paul Pedro