Ex-Hells Angel a free man

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This article was published 12/08/2010 (5754 days ago), so information in it may no longer be current.

Manitoba justice officials say they were forced to choose between cutting a sweet deal with a former Hells Angels member or risk losing everything in a high-profile homicide case.

They chose to strike a controversial plea bargain, which is why Billy Bowden was able to admit to manslaughter Wednesday morning — and then walk out of prison just hours later.

Bowden, 34, pleaded guilty to manslaughter for his role in the November 2007 stabbing death of Jeff Engen, 24, inside the Empire Cabaret on Main Street. He was sentenced to two years of time already served, which was given double-time credit of four years, under a joint-recommendation from Crown and defence lawyers.

Prosecutor Daniel Chaput admitted in court Wednesday that Bowden was getting a major break, as the Crown would have sought a much longer sentence had he gone to trial and been convicted.

"Equally, he could have been acquitted. This way, the Crown secures a manslaughter conviction and a sentence we recognize is on the low end of the spectrum," Chaput said.

He told Queen’s Bench Justice Rick Saull there were several problems with the Crown’s case against Bowden that prompted prosecutors to agree to a much lighter sentence than usual. Although there were more than 50 potential witnesses to the killing, Chaput said "surprisingly very few had much to say about what happened." As well, there are no witnesses putting the knife in Bowden’s hand and the Crown can only prove he participated in the group attack.

"It was the unknowns the Crown struggled with. We couldn’t say who stabbed the victim. We couldn’t say Mr. Bowden knew a knife was present or that the victim was being stabbed," Chaput said.

Bowden’s former co-accused, Matt Wegier, remains before the courts on a manslaughter charge and is set to go on trial in March 2011.

Engen, a bodybuilder, was in the basement lounge of the Empire when he got into a dispute with several men about Bowden’s ex-girlfriend, the judge was told. Engen was stabbed four times, including one blow that pierced his heart. He climbed the stairs to get help, but collapsed near the dance floor. Despite efforts by a patron of the club to revive him, Engen died.

Witnesses said they were surprised a weapon got past the club’s new security measures — including a full-body metal detector — put in place after four people were shot and wounded at the club a month before Engen’s stabbing. The club’s owner, Sabino Tummillo, closed the Empire shortly after the stabbing and it never reopened.

"How does a knife get into that bar? Don’t they have screening?" Saull asked Wednesday upon hearing the facts. Defence lawyer Sheldon Pinx said Bowden passed through a metal detector on his way in that night and had nothing on him.

"His position is he never had a knife," Pinx said. Bowden admits physically assaulting Engen during the melee, which makes him a party to his killing, the judge was told.

"He didn’t know a knife was coming into that altercation," Pinx said.

Chaput said several of Engen’s friends tried to persuade him to leave the Empire moments before he was killed, sensing there would be trouble with Bowden and others. Engen had previously been friends with Bowden before they had a falling out over the woman Engen was interested in, the judge heard.

"It sickens me the thought (Bowden’s) a free man," said a long-time friend of Engen’s after the verdict. "I just don’t have faith in the justice system anymore… We have harsher punishment towards drug dealers in this province then we do for people guilty of manslaughter."

Bowden joined the Hells Angels in July 2004, but was kicked out of the gang in 2006 following an internal dispute, according to sources. He has a lengthy criminal record that includes being caught by police with a loaded gun just two months after Engen’s slaying, but before he was implicated in it. Bowden pleaded guilty to the weapons offence and was given six months of time spent in custody plus a fine. Bowden admitted in court he had been carrying the gun "for his own protection."

www.mikeoncrime.com