A homeless 91Ô­´´ man who killed another man with a crossbow will serve 28 more months behind bars, part of a five-year sentence handed down in New Westminster Supreme Court on Friday, Oct. 18.

Jason Robert William Griffiths was found guilty of manslaughter earlier this year following a seven-day trial. He was originally charged with second-degree murder in the death of Nicholas Ball.

Justice Michael Tammen found Griffiths not guilty of murder, but did find him guilty of manslaughter.

The killing took place on March 28, 2022, when Griffiths was camping in a vacant lot around the 7500 block of 208 Street.

The two men knew each other – Griffiths had accused Ball of stealing a cellphone, Ball had angrily denied it in a text message exchange earlier in the day. Ball appeared at Griffiths' campsite later that afternoon, acting in a somewhat hostile manner.

Griffiths went back into his tent, retrieved a crossbow, and pointed it at Ball, demanding he leave. Ball refused and took a couple of steps forward, and Griffiths shot him in the torso. Ball ran off and died nearby.

Tammen said that after the killing, Griffiths removed the crossbow bolt from Ball's body and threw it in the trash. He called 911 the following morning.

Griffiths testified at trial that he was defending himself, but Tammen found that while Griffiths may have felt threatened, shooting Ball with a crossbow was not a reasonable response.

The Crown prosecutors asked for a nine-year sentence for Griffiths, with his defence lawyers calling for a sentence in the range of 2.5 to three years.

Tammen noted that manslaughter has one of the widest possible sentencing ranges of any crime – judges may give little to no jail time for cases that are judged to be "near accident," while giving lengthy terms or even life behind bars for cases considered "near murder."

Tannen said this case was neither, rather it was "near self-defence."

"Thus the moral blameworthiness of Mr. Griffiths is significantly attenuated," he said.

However, he noted aggravating factors in the case – the use of a deadly weapon, and Griffiths' failure to try to get any medical help for Ball after he was shot.

He noted that Griffiths does not seem to have insight into the causes of his own crime.

"I accept that Mr. Griffiths is genuinely remorseful," Tammen said. But Griffiths also spoke of the incident's impact on himself as much as on Ball and Ball's loved ones when he gave a statement during sentencing.

"Mr. Griffiths continues to view himself as a victim," the judge said.

During a sentencing hearing earlier this fall, Tammen heard victim impact statements from four people close to Ball – his father, mother, sister, and a close friend. Ball's family and loved ones listened to the sentencing decision on Friday online, and were not in the courtroom.

The judge also noted Griffiths' personal circumstances. Griffiths, 42, has no prior criminal record. A 2006 motorcycle accident led to him being prescribed Oxycodone, which developed into a drug addiction. 

He has been homeless for the last several years, using fentanyl and methamphetamine.

Given all the circumstances, Tammen said a five-year sentence was appropriate.

Griffiths has spent part of the last two and a half years since the killing behind bars already, totalling 649 days. Pre-trial confinement is counted at a 1.5 to 1 rate in sentencing, meaning that Griffiths has credit for 32 months behind bars, leaving him 28 months left to serve.

The only person in the courtroom for Griffiths was Ed Kirton, who Tammen described as a kind of surrogate father to Griffiths. Kirton said he largely raised Griffiths since he was eight years old.

"He's not a murderer, he's never been in trouble," Kirton said after the sentence was passed. "He's a good person."

He said the judge was fair and he was glad that he didn't go with the Crown's higher sentencing recommendations.

"I'll stick with him through this," Kirton said.