BE ADVISED: The following story includes frank descriptions of violence
Jacob Davey was brutally beaten to death on his 22nd birthday.
The horrific injuries were inflicted by an angry Cody Quesnel — a man he considered a friend — during a cruel, vicious and relentless attack on Jan. 14, 2017.
He repeatedly punched Davey in the head, and as his anger escalated began assaulting him with various objects, a judge heard Wednesday.
Wielding a metal coat rack, Quesnel struck the young man's head over and over again.
"Cody (also) hit Jake over the head and chest with a heavy orange metal tool box," prosecutor Dana Peterson said in an agreed statement of facts.
"Cody hit Jake with a long metal electric heater."
Quesnel stabbed him twice in the leg with a kitchen knife, and used his feet to kick and stomp on Davey.
Two young women, who witnessed the attack, were very clear in their evidence, the assistant Crown attorney told Superior Court Justice Edward Gareau.
"Jake Davey did not start this fight. He did not throw a single punch. He never tried to fight back."
A post mortem determined he died as the result of multiple blunt force injuries caused by being "hit heavily and repeatedly in the head, neck, torso, extremities and genital region and by pressure applied to the neck."
Quesnel, 27, who had been charged with first-degree murder in connection with the homicide, pleaded guilty to an amended count of second-degree murder.
He was sentenced to life in prison with no parole eligibility for 15 years — a sentence jointly recommended by the Crown and defence lawyer Jennifer Penman.
The minimum sentence for the offence is life with no chance of parole for 10 years.
Quesnel also was convicted of two counts of forcible confinement, and received two-year concurrent terms for each of these counts.
"Getting a plea today to second-degree murder is the only mitigating factor in this case because" it spares the family the anguish of a lengthy trial," Peterson said, indicating trial dates were not available until the fall of 2020.
The Crown considers Quesnel's plea as an indication of remorse and taking responsibility for his actions, she told the court.
"I accept it as an act of mercy for the family of Jake Davey," Peterson said. "We are here today to have justice for Jake Davey and I think we have accomplished that."
The young man's family was in the court, and provided the judge with five written victim impact statements.
Peterson read one from his grandmother Edith Beaudette, who described the impact of her grandson's brutal murder by a violent man he thought was his friend.
"His life was taken savagely without reason," she said, detailing the anguish and pain the family has suffered, and how she agonizes over the life-long grief her daughter (Jake's mother) and his younger brother are facing.
Quesnel has destroyed the whole family, who are all victims of this brutal death, the judge was told.
Davey's life had just begun, he had graduated from high school, was a supervisor at Leon's and wanted to be a firefighter.
He should have had a wife, a home, and children — all things that he deserved and were taken that day by Quesnel, his grandmother wrote.
When he imposed sentence, Gareau called the facts of the case and conduct "horrific and senseless."
It was a "violent beating of an innocent victim who only wanted to celebrate his birthday, that ended the life of a young man and destroyed the life of those close to him."
He described the events as shocking.
"No human being should have to suffer" what Davey did, the judge said, adding it is difficult to understand the way Quesnel treated the young man that day.
Gareau heard the attack occurred at Quesnel's second-floor apartment at 112 Wellington St. W., where he lived with his foster sister.
Earlier that night, Davey had purchased a gram of cocaine from Quesnel, which he and a friend consumed while Quesnel did some crystal meth at the apartment.
The three men decided to go to a bar for last call, while Davey's girlfriend and roommate remained there.
Quesnel got separated from the other two men after he was kicked out for fighting.
He returned to the apartment between 2:30 and 3 a.m., where Davey was hanging out with the two women in his roommate's room.
Angry, Quesnel began talking about getting ripped off, and as he became more agitated he directed his hostility at Davey who was sitting on a bed.
Then, he started punching Davey, repeatedly indicating that "no one is leaving," and "if the cops show up, everyone is dead," Peterson said.
As Davey denied he was stealing from him, Quesnel unleashed his anger at him.
When he struck Davey's head with the coat rack, blood flew all over the room and onto the two women.
Photos, which were provided to the court, showed "blood on every wall, the ceiling, the floor and the bed," Peterson said.
Davey's girlfriend recalled Quesnel saying "Happy Birthday Jake" while hitting him.
Quesnel became angrier as Davey cried out in pain, ordering him to be quiet.
"You're not going anywhere," he responded when Davey told him he needed to go to the hospital because his head was pooling blood.
Quesnel threw a roll of paper towels at Davey, ordering him to clean up his mess, referring to the blood covering the walls and bed, Peterson said.
"Jake was so injured, he could barely wipe the blood from his face."
Quesnel became more angry and more violent as Davey continued to bleed all over the bed, she said.
Davey "made a desperate run to the only exit" after Quesnel talked about throwing him in the trunk and going to Goulais River.
Quesnel chased him and it sounded like they fell down the stairs, Peterson told the court.
One of the women heard Davey crying out their names and what sounded like him being choked.
The two women escaped through a bathroom window, and Quesnel was then alone in the apartment with Davey for just over an hour.
"We will never know exactly what happened during that time but the photos of the bottom of the stairwell illustrate that the vicious beating continued," Peterson said.
Police arrived there at 6:30 a.m., and paramedics found Davey deceased.
His face was so badly beaten he was unrecognizable.
He had fractured ribs, internal damage including injuries to his lungs and liver, and a fractured hyoid bone — evidence that pressure had been applied to his neck.
Penman said the aggravating factors, including her client's lengthy record, speak for themselves.
Quesnel has "an extraordinarily tragic background" that includes a history of drug, alcohol and physical abuse and nine years in foster care.
This doesn't take away from what happened that night and the long-term impact on Davey's family, the Toronto lawyer told the court.
He has been diagnosed with anxiety, personality disorder, post traumatic stress disorder and became quite paranoid after he was stabbed during a home invasion.
On the night of the attack "there is no question the events were fueled in some part by alcohol and drugs," Penman said.
Quesnel had not been sleeping for four days, doing cocaine and using prescription drugs, and there is "no question he was making irrational decisions."
He was "extremely emotional and distraught" afterwards, yelling, banging his head on the cell wall and had to be taken to hospital for treatment, she said.
When Gareau asked Quesnel if he had anything to say, he stood up and spoke to the court, reading from a piece of paper.
He was emotional, and it was difficult to hear or understand what he was saying.
But Quesnel did say he knows the pain he has caused and "I'm extremely sorry."
He also described Jake as one of the kindest people with a heart of gold.
"I'm sorry for what I did . . . there was no excuse for it period."
He also told the family that he knows "you all hate me," suggesting that's appropriate and "I'm going to pray for all of you."
Gareau said he is satisfied Quesnel is genuinely remorseful.
"There is tragedy at every turn in this case," the judge said, noting the accused's mental health issues, unfortunate experiences and self-medication with cocaine, which led to a death fueled by drugs.
"There is no excuse, no justification for what happened" to Davey.
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