Cole Alexander McFadden apologizes to family of victim

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By Eric Lewis
Times & Transcript Staff

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Cole Alexander McFadden's voice shook yesterday afternoon as he apologized to the family of Layne McDonald for his role in their loved one's death.

McFadden was sentenced yesterday to 11 years in prison for his role in the killing and other crimes that took place only days after his 18th birthday.

McDonald was murdered on March 10 in his father's Shediac home after a break-and-enter and attempted robbery.

"I'm not sure if it really means nothing, but I wanted ... to apologize for everything," McFadden stated to the court and the several members of McDonald's family and supporters in the room. He said "nobody was supposed to get hurt" and that the seven crimes he pleaded guilty to were merely to fuel his drug habit.

McFadden is the second of five accused who admitted his role in the killing of McDonald. He pleaded guilty last week to manslaughter, committing aggravated assault by wounding Brandon Bowes, using a prohibited sawed-off .22-calibre rifle to rob Stephen Alexander Bowes of money, drugs and two laptop computers, occupying a vehicle knowing there was a prohibited weapon inside it, break and enter into a home in Shediac with intent to commit robbery and two counts of masking his face during the commission of offences.

McFadden's four co-accused in the case include John Marc Gallant, Joshua Daniel Martin, Marc Mathieu LeBlanc and Daniel Steven Dion. Gallant, Martin and LeBlanc are all charged with manslaughter and a series of other offences, while Dion was charged with first-degree murder, along with other offences.

Dion is scheduled for sentencing on Friday after pleading guilty last month to second-degree murder for shooting McDonald to death and several other charges.

The other three men's cases are still before the courts. No pleas have been made.

The charges against all five were laid after two home invasions the morning of March 10, involving five masked gunmen. Two men were badly beaten and one was shot in a Moncton apartment on Humphrey Street. Layne McDonald was shot and killed in his Main Street home in Shediac 90 minutes later.

Yesterday, prior to sentencing, Crown prosecutor Stephen Holt submitted the Crown's view of what took place when the crimes occurred. Throughout the explanation, supporters of McFadden and family members of the victims wept, but the crowded courtroom was mostly silent.

McFadden, his left arm in a sling, had a blank look on his face and occasionally hung his head as the Crown presented its view of the events.

During the Crown's submission, it was explained that on March 9, the five co-accused were partying together at McFadden's residence in Lakeburn when they decided to rob Steven Bowes at his Humphrey Street apartment. The five men then met two other individuals at a Moncton residence and Gallant, Dion and McFadden went with the two new individuals to two different homes, picking up a sawed-off .22-calibre rifle at one and then a clip for the gun at the other. They returned to the first residence, dropped off the other two individuals and picked up Martin and LeBlanc again. They went back to McFadden's to get ammunition for the gun.

Early in the morning of March 10, the five co-accused went to Steven and Brandon Bowes' apartment. Gallant stayed in the vehicle ready to drive off. The other four entered the top-floor apartment with masks on to rob the Bowes brothers. During the robbery, drugs and two laptop computers were stolen. Brandon was beaten up and Steven was shot twice.

The men then went to Riverview to gas up their vehicle. McFadden told his friends he knew where there was "another scam" in Shediac where they could get drugs and money. He said he knew someone who used to date his mother and had a permit to grow marijuana. The five left for Shediac and soon entered the residence of Ron McDonald at 278 Main St. Gallant again stayed in the vehicle.

Once inside, the men found Ron McDonald in his room watching television. The men swore at McDonald, threatened him, demanding money and drugs, and a struggle ensued. Some of the men then kicked in the bedroom door of Ron's son, Layne McDonald, 32. Layne McDonald got into a struggle with the men and when he wouldn't respond to repeated demands to stop fighting, he was shot three times.

The four men took off while Layne lay on the ground in the fetal position.

Once the house became quiet, Layne's father Ron came out of his room. He slowly opened his bedroom door to discover his injured son falling against it.

"His son stood up, looked at his father one last time, breathed out and fell to the floor, dying," Holt's submission read. "Layne McDonald died soon after as a result of the gunshot wounds."

The Crown's submission explained that Ron McDonald had once dated McFadden's mother and he knew Cole from that time. Ron at one time had a permit to grow marijuana, but hadn't been growing it for some time. He also explained he hadn't seen Cole in a few years. Over the next five days, all of the accused were arrested.

McFadden, represented in court by defence lawyer Gilles Lemieux, has been in custody since his arrest.

Yesterday, the Crown and Lemieux jointly recommended to Chief Justice David Smith a sentence of 11 years minus time served for McFadden. Lemieux told the court that his client was remorseful for his actions and, as a young man, could still turn his life around. He said McFadden has expressed an interest in drug rehabilitation, finishing high school and pursuing a possible trades career. He also explained that since McFadden pleaded guilty, he spared the victims and their families from reliving a nightmare.

Chief Justice Smith said he took all that into consideration for sentencing.

He gave McFadden seven years for the manslaughter charge and two years for each charge of wearing a mask while committing an offence. Those sentences will be served consecutively for a total of 11 years. Sentences for the other charges, using a prohibited firearm in a robbery (five years), aggravated assault (six years), occupying a vehicle knowing there was a prohibited weapon inside (two years) and entering a residence with intent to commit robbery (three years) will be served concurrently. He was given a year and a half credit for the roughly eight months he's been in remand, meaning he has about nine and a half years remaining in prison.