No jail for Calgary man who killed friend during drunken brawl

Article content

Calgary resident Scott Midford will not have to spend any time behind bars for killing his good friend while drunk, a judge ruled on Thursday.

Judge Christopher Simard agreed with defense attorney Cory Wilson that if the defendant was charged with manslaughter, a suspended sentence, to be served with community service, would be a sufficient punishment.

Simard sentenced Midford to two years' probation with a night-time curfew and 240 hours of community service, as well as addiction and anger management counseling.

Article content

The Court of King's Bench judge sentenced Midford, 32, last December, rejecting Wilson's argument that the fatal March 18, 2022, altercation occurred in the context of a consensual fight and was therefore not an unlawful act, or that Midford acted in self-defense during the fatal altercation.

Instead, Simard ruled that Austin Harris' death resulted from an attack by Midford in the victim's Calgary apartment after the two men had been drinking heavily.

Simard said the four-year prison sentence demanded by prosecutor Gianna Argento was not justified under the circumstances of the case.

He said a prison sentence of less than two years, allowing for a suspended sentence, was appropriate.

Simard also stressed that the sentence he imposed on Midford should not reflect the value of the victim's life.

“There is nothing this court can do to restore Austin Harris' life,” he said.

“Austin is irreplaceable to his family and friends.”

However, Simard said he would have to take into account Midford's conduct and personal circumstances when determining an appropriate sentence.

On the afternoon of March 18, 2022, a verbal altercation occurred between Midford and Harris after both men had consumed significant amounts of alcohol.

Article content

At one point, Midford approached Harris, who was sitting on a sofa, and put him in a “reverse headlock” before making the victim walk backwards while Harris pressed against him.

Midford then lowered Harris down and released him. The victim fell onto his bottom before his head snapped back and struck the ground, causing a skull fracture and a fatal brain injury.

Simard concluded that the murder fell into the lower category of homicide cases, which can range from near-accident to near-murder.

“The method of attack was a headlock, not a kick or punch,” he said.

However, the judge said Midford attacked Harris in anger and did so “quickly and violently.”

“At that point, Mr Harris was in a vulnerable position.”

Despite his tragic childhood, which was marked by physical and emotional abuse as well as drug and alcohol addiction, the perpetrator has been sober since the death of his close friend, according to Simard.

“He spent his teenage years on the streets and in hostels,” the judge said.

“He drank alcohol for the first time at 12 and was drinking daily as a teenager. His biological father introduced him to cocaine when he was 21.”

Simard said Midford's sobriety bodes well for his future.

“I am encouraged that this terrible tragedy has motivated you to stop using alcohol and drugs,” he said.

And Simard said there was “no better way to honor the life of a friend” than to continue on the same path.

[email protected]

X: @KMartinCourts

Article content