Pair jailed 10 years in beating death

Two army reservists `literally stomped' homeless man to death in Moss Park, judge says May 02, 2008 04:30 AM Emily Mathieu Staff Reporter Savage actions that would put a soccer hooligan to shame were among the ways a judge described the crimes of two Toronto army reservists he sentenced to 10 years for the beating death of a homeless man. "They used him as a combination punching bag and soccer ball," said Justice Eugene Ewaschuk before sentencing Jeffrey Hall and Brian Deganis in a Toronto court yesterday afternoon for the death of Paul Croutch. "The accused literally stomped Mr. Croutch to death," said the judge, who added the savagery of the beating put to shame the violence of "soccer hooligans." Hall and Deganis were also sentenced to an additional year, to be served consecutively, for assaulting Valerie Valen, who had tried to intervene. The pair were originally charged with second-degree murder, but pleaded guilty to manslaughter. Ewaschuk called Valen a good citizen for her attempts to save Croutch. "But for her actions Mr. Croutch's killers may never have been apprehended." Deganis's lawyer J.J. Burke called the sentence heavy, but said it would be wise to engage in a period of reflection before deciding whether to file an appeal. "It's a horrible thing, but at the end of the day we have a death, and he is horribly remorseful, and it just goes to show you what alcohol can do, and it's a very, very sad day for his family," he said. Burke expressed disappointment over the words Ewaschuk used to describe the attack. "(Deganis) has to come to reconcile the fact that he was involved in a death, a death that he acknowledges that he participated in, but those words I'm sure will ring for a long, long time." Hall's lawyer John Rosen called the sentence a little on the high side, but said he was more concerned about his disagreement with Ewaschuk over the facts of what happened that night. "The evidence was clear ... I think he got everybody sort of confused. He said Mr. Deganis was more intoxicated than Hall – I don't think so." At the time of the assault, Hall and Deganis, both 21, were attached to the Queen's Own Rifles and were engaged in training at Moss Park Armoury, adjacent to Moss Park. On Aug. 31, 2005, after a night of heavy drinking they entered Moss Park and became involved in a verbal altercation with Croutch before kicking him repeatedly and with such force that his prone body was moved between seven and 10 feet, said Ewaschuk. Croutch, 59, was a former newspaper editor and businessman who was living on the streets because of a variety of physical and mental health issues, court was told. Valen, who was walking through the park at the time, attempted to step in but was verbally and physically assaulted by Hall and Deganis. At that point fellow reservist Mountaz Ibrahim entered the park and shoved and verbally assaulted Valen until she left. The trio then left the scene in Deganis's truck with Deganis at the wheel. Valen identified Hall and Deganis. Ibrahim was sentenced yesterday to 12 months for his guilty plea to being accessory after the fact to manslaughter and assault causing bodily harm against Valen. On Wednesday Hall and Deganis apologized in court to Croutch's family, Valen, and for bringing shame on the Canadian military. Based on time served prior to sentencing, Deganis, who has been in custody since his arrest, will serve five years and six months, with a possibility of full parole after serving two-thirds of the sentence. Hall will serve 10 years and eight months and will be eligible for parole after serving between one- to two-thirds of his sentence. Ibrahim will serve 10 months, with a possibility of parole after two-thirds of his sentence.