'This was a merciless attack': Herlichka, McClung handed sentence
The two men who were found guilty in the death of Andrew Mixemong have been sentenced.
In a Barrie courtroom on Monday, Justice Alfred Stong sentenced Jessy Herlichka to a mandatory life sentence of 25 years. The judge also ordered that Herlichka have no chance of parole for 10 of those years.
“This was a merciless attack on a totally vulnerable individual,” says Stong. "This killing shows a profound disrespect for human life."
Herlichka’s lawyer called the sentencing the “right decision.”
“It's the right decision, it's what we asked for, it's the minimum the judge could have given Mr. Herlichka by law,” says Robert Richardson.
Mixemong was beaten to death outside Dino's Deli in 2012. He was there to pick up his wife from work when he got into a confrontation with Herlichka and Paul McClung. The court heard both men were drunk and high on drugs at the time.
McClung was found guilty of manslaughter in the death and was also sentenced on Monday to 10 years in prison, with a parole board being able to decide when he is eligible for parole.
Before sentencing both men, the judge gave them one last opportunity to address the court. Herlichka didn't speak, but McClung did. He told the court he should have intervened and ended the confrontation. He also called it the biggest wakeup call of his life and plans to seek counselling for his alcohol and drug addiction.
Even with McClung accepting responsibility now, his lawyer is considering an appeal.
“His role was really quite minor and I think the case law indicates that's an important mitigating factor his honour over looked,” says Chris Hanson.
"It's clear in the entire process of this beating he was encouraging, initiating and instructing Mr. Herlichka," Stong says. "He was also preventing good minded people from intervening."
Mixemong’s family cheered as they walked out of the court house.
“It's just unbelievable, the lack of sleep, the stress and finally we have a little bit of closure, but the pain never goes away,” says Wayne Mixemong.
His family says they relive Mixemong’s death every day and the healing can now begin.