The man who killed Ponch Tyson Thomas Bird at a Prince Albert homeless encampment was sentenced to 11 years for manslaughter at Prince Albert Provincial Court on Monday.
Garrisen Clarke, 19, sat quietly in the prisoner’s dock with his hands folded in and declined to say anything when given a chance by Judge Felicia Daunt before sentencing. Clarke was 18 when he shot and killed Bird on July 22, 2023.
Clarke will receive credit for time-served, meaning he will spend a little more than nine years in prison. He also received an 11-year sentence for discharging a firearm with intent. The two sentences will run concurrently.
A third charge of attempted murder was withdrawn.
The 11-year sentence was a joint submission from the crown and defence. Typically, manslaughter sentences are between four and 12 years.
In an interview afterwards, defence attorney Mike Buchinski said they wanted a joint submission because it would have been “a difficult trial for both sides.”
Daunt described Clarke’s criminal record as “short, but violent” during sentencing, however, she also said Clarke’s young age makes him a strong candidate for rehabilitation.
Clarke bounced around from home to home in his youth, dropped out of school after Grade 9, and began using drugs and alcohol.
He rarely spoke with his father growing up, and the two have not spoken recently. His mother also struggled with drugs and alcohol addictions, and was a victim of domestic violence from a romantic partner who is not Clarke’s father.
Clarke sat without moving or speaking for most of the hearing. He is banned from owning weapons for 10 years after his release, and must provide a DNA sample.
“He understands that he has a lot of work ahead of him,” Buchinski said during submissions.
Bird was 42-years-old when he was shot at the homeless encampment. Members of Bird’s family were not in court for the sentencing, but they did provide a victim impact statement, which was read into the record by crown prosecutor Keith Amyotte.
In it, the family said Bird was friendly with everyone, and his death has been devastating for them.
“Ponch wasn’t just another homeless street person,” reads the statement. “We sure miss him dearly.”
Several family members, including one of Bird’s sons, are still in counselling because of his death. Other family members have struggled with stress and anxiety throughout the court process.
Bird was well-known as a peacemaker who tried to keep people out of trouble. He was well known around the community, including places like the former Moose Lodge.
“When he would show up with other friends, he was appreciative and grateful, and just generally a really good guy, and a happy guy at that,” former Moose Lodge supervisor Garth Prosper said during an interview with the Daily Herald in 2023. “I never heard any peeps out of him—nothing but ‘thank you.’”
According to the agreed statement of facts, Clarke, his mother, and one other person arrived at the homeless camp on the 300 block of 18th Street East and attacked someone with bear spray. The individual fled further into the camp where more people were gathered, but Clarke and his mother continued the pursuit.
Clarke’s mother began spraying bear mace at multiple people while in the camp. When Bird tried to intervene, Clarke, who was armed with a sawed-off shotgun, threated to shoot Bird in the leg.
Bird approached Clarke and tried to get him to leave, and Clarke shot him in the chest. Clarke also fired the gun at a second individual before fleeing the area.
Clarke was arrested on Aug. 17 and charged with second degree murder, attempted murder, and discharging a firearm with intent.
Loni McCuaig, 36, was also charged in connection with the case. She received a 12-month suspended sentence for assault with a weapon.
