MONCTON, NEW BRUNSWICK: One of the men who was found guilty of manslaughter in connection with the death of Phillip Boudreau has been granted day parole.
The Parole Board of Canada (PBC) has granted James Landry day parole in a community-based residential facility for a period of six months, with regular leave privileges.
In its decision made on June 12, the PBC said that Landry’s motivation level and reintegration potential are both high.
“There is no indication that you are a violent individual but you did display aggressive behaviour and inadequate coping skills on the day of your offence,” the decision reads. “After having time to reflect, you now express significant remorse for your actions, you have verbalized empathy for the victim and his family.”
In his application for parole, Landry indicated that he plans on residing at a halfway house and to return to fishing.
“You have strong support in the form of your wife and children in the community,” the decision states.
Although Landry told the board that he was frustrated after years of Boudreau allegedly cutting his lobster traps and the authorities doing nothing about it, the board noted that Landry had no prior criminal record, was a good inmate, and is in his early 70s.
“… Given the lateness in life that you committed this crime, the board believes that you are able to live pro-socially in the community and that the crime you committed occurred under a particular set of circumstances,” the decision reads.
One of the conditions of his release is that Landry have no director or indirect contact with any member of Boudreau’s family.
“Your victim’s family members have suffered considerable loss at your hand and any contact with them could emotionally traumatize them as well as trigger a negative emotional response in you that could elevate your risk to reoffend,” the PBC wrote.
Searchers combed the shorline outside Petit de Grat on June 1, 2012 after Phillip Boudreau was reported missing.
On January 29, 2015 Landry received 14 years of federal prison time after being found guilty of manslaughter.
The statement of facts surrounding Boudreau’s death showed that Landry fired four shots at Boudreau’s boat, after being asked twice by the boat’s captain, Dwayne Samson, if he was going to shoot, with Boudreau claiming to be hit.
The statement of facts then has the Twin Maggies hauling Boudreau’s boat out to sea, before Boudreau cut the bow line. The Twin Maggies then rammed Boudreau’s boat three times, and Landry gaffed Boudreau before the Twin Maggies began hauling him out to sea. Boudreau freed himself twice before being gaffed a third time and dragged further. At some point, Samson stopped the boat and Landry released the gaff, with Boudreau rolling over face down in the water. Boudreau’s body was never recovered.
On June 12, the PBC granted Samson day parole, with leave privileges, at a halfway house for six months with conditions that he have no contact with any member of Boudreau’s family. Samson told the board he plans to return to work on his fishing boat.
On May 20, 2015, Samson pleaded guilty to a charge of manslaughter. Samson – who was the captain of the Twin Maggies, along with crew members James Landry and Craig Landry – originally pleaded not guilty to a charge of second degree murder, electing trial by jury, but changed his plea before going to trial.
Craig Landry was sentenced to 28 days in jail in 2013, which was covered by the time he already served, and two years probation. The first six months of probation was served with Landry remaining at his Petit de Grat home. For nine months after that, he was subject to a curfew.