Former soldier Jason John Ouimet has been sentenced to five years in prison for the choking death of Duane "Jon Jon" Lacquette.
Calling it a "truly tragic" case, Justice John Menzies delivered the sentence in Brandon Court of Queen's Bench today.
In agreeing to the joint recommendation by Crown and defence, Menzies accepted that Ouimet was being sexually assaulted by Lacquette and reacted in anger.
"You have suffered a loss that I cannot even begin to comprehend," Menzies told Lacquette's family.
Lacqueete, 21, was found dead in the basement of his home on the 3600-block of Centennial Boulevard on Jan. 16, 2010.
Ouimet, who was a soldier posted at CFB Shilo, was arrested on Feb. 4, 2010.
He was released on bail and entered a guilty plea to manslaughter on April 30. Sentencing was then set for today.
About 30 of Lacquette's friends and family attended the hearing. Ouimet's mother and stepfather were also in the courtroom.
Crown attorney Jim Ross described how, on the night of the killing, Ouimet had attended a party at Lacquette's home.
As the party wore on into the early morning, Ouimet passed out on a couch in the basement and there came a point where only he and Lacquette remained in the home.
Lacquette was gay, and court heard that Ouimet awoke to find a naked Lacquette lying on top of him.
Defence lawyer Roberta Campbell said Ouimet had "suction marks" on his penis.
In a fury, Ouimet punched Lacquette at least three times in the head and then put the victim in a UFC choke hold.
Campbell said adrenaline and shock took over and Ouimet used too much force to restrain Lacquette.
Ouimet is five-foot-nine and 200 pounds and an experienced boxer. Lacquette was five-foot-seven, 164 pounds and had no skills as a fighter.
When he realized Lacquette was dead, Ouimet covered the body with a blanket and fled the home, Ross said.
Campbell said the killing didn't happen because Lacquette was gay.
"This is a reaction to being sexually assaulted," Campbell said as she explained her client's actions.
The court proceedings featured a number of emotional statements made by Lacquette's family, including his deaf father, Dwayne, who is unable to speak.
"If Jon Jon could speak to Jason now he would say, 'I forgive you,'" Lacquette's uncle read on Dwayne's behalf.
Ouimet apologized to Lacquette's family.
"I'm very sorry for your loss," Ouimet said. "I didn't mean for anyone to lose their life on that night."
Ouimet's mother and Lacquette's mother both broke into tears after Menzies delivered his sentence.
Ouimet, 31, was a gunner with 1st Regiment Royal Canadian Horse Artillery at the time of the killing.
A CFB Shilo spokeswoman says Ouimet was "released" from the Armed Forces on May 25 following a review.