Man sentenced to 3 years for manslaughter in death of CBC producer

The Toronto man responsible for the 2023 death of longtime CBC Radio producer Michael Finlay has been sentenced to three years in custody.

With credit for time served,Robert Robin Cropearedwolf, 45, has about 20 months left to serve, thenthree years probation upon release.

Justice David Porter handed down hissentence in the Ontario Court of Justice in Toronto Tuesday after Cropearedwolfpleaded guilty to manslaughter in May.

Porter outlined the tragic confluence of events that led to thedeath, and saidCropearedwolfwasn't intending to killwhen he shoved Finlayon an east end sidewalk on the afternoon of Jan. 24.But the judge also notedCropearedwolfacted intentionally and was reckless, even if he didn't intend to harm the 73-year-old, who was suffering from underlying health issues.

"This was not a deliberate attack on an elderly man," Porter said.

Health issues affected victim

In his decision, Porter outlined how Finlay waswalking along Danforth Avenue in the area of Jones Avenue that daywhen Cropearedwolf approached, with his view obstructed by a mask. He then tried to get past Finlay, shoving the older man and causing him to fall into a wooden planter.

"I had no animosity towards him. I had no prior knowledge of this stranger," Cropearedwolfsaid in a statementthat was included in Porter's judgment. Seeing the older man stumble caused him to panic, court heard, andCropearedwolftook off, while bystanders helped get Finlay up onto a bench.

Finlay initially declined medical assistance and walked off, Porter said, but police officers later saw him in distress a short distance away.

He was taken to hospital and diagnosed with injuries including two fractured ribs, but was discharged on Jan. 26 and told to return if his symptoms worsened.

Finlay, Porter said, was suffering with "significant cardiac and pulmonary disease"at the time of the incident, which exacerbated the situation. His injuries might not have been fatal for the average person, the judgesaid, but weremuch more serious considering Finlay's"medically fragile heart" and chronic lung issues.

Finlay later had trouble breathing and called for an ambulance, court heard. On the way to hospital he went into cardiac arrest and was placed on life support, but he was eventuallydeclared dead.

LesleyMurray,Finlay's cousin, told CBC News outside court that she got to see him in hospital before he was taken off life support and though he couldn't speak, being there still provided some element of closure.

She said her cousin was exceptionally witty and alwaysfun to be around.

"I think he had a very full life, and a life with a lot of friends," Murray said."He experienced a lot, which is great."

Lengthy criminal history followed 'tragic' upbringing, court hears

Porter saidCropearedwolfwas unaware of Finlay's age and frailty at the time of the incident, and said he was walking down a busy sidewalk with an obscured view.He also said the amount of force used during the assaultwas on the lower end of the spectrum, and thatCropearedwolfappears to be "truly remorseful" for his actions.

"I have no greater regret,"Cropearedwolfsaid in astatementthat was included in the sentencing decision.

Porter saidCropearedwolfhas a lengthy criminal history, with 65 offences on record between Canada and the United States most of which were burglaries or robberies, but with some incidents involving violence as well.

The judge also outlined the "tragic and personal circumstances" ofCropearedwolf's early life Tuesday, which included bouncing from foster home to foster home as a child, and issues with his mother, who dealt with alcoholism.

"Upon the death of his mother he sought refuge in drugs and alcohol," Porter said.

Murraysaid that after listening to the judge's decision, she understood whyCropearedwolf's sentence ended up being three years. TheCrown had been asking for a sentence in the six to eight-year range, while the defence had asked for a suspended sentence and three years probation.

"I agree with it, because I really don't think this young man intended to hurt anybody," she said.

Murray also said she believes her cousin would support the result of the court case.

"He always wanted the best for people and I think he would want the best for Mr. Cropearedwolf."