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Victim impact statements delivered during sentencing hearing for Tyler Brian Hogan

Dec 17, 2018 | 4:14 PM

LETHBRIDGE – The mother and grandmother of a nine-and-a-half-month-old baby boy, who died while in the care of 42-year old Tyler Brian Hogan delivered their victim impact statements during a sentencing hearing in Court of Queens Bench in Lethbridge Monday morning.

Hogan has pleaded guilty to criminal negligence causing death.

Carrying a framed picture of her smiling son to the witness stand, Austin Wright’s mother Jasmine began crying as she told the court April 28, 2016 will be forever burned into her memory. She said the telephone call from Hogan, calling 9-1-1 herself, the fear and the disbelief she experienced when paramedics told her that her son had died, made her feel like she was falling and there was no one to catch her.

“I was inconsolable mourning the loss of my baby boy,” she cried.

Wright also described how one month after the death of her son, she was so distraught she tried taking her own life, and since then has been on medication, unable to work, and has been seeing both a psychiatrist and a psychologist. She has also struggled with severe depression.

“I have an 18-month old daughter now and watching her grow up has been bittersweet. While I get to experience all the amazing things she is and does and the amazing little person she is becoming, I can’t help but wonder how my son Austin would be at this point in his life.”

The child’s grandmother took the stand next, describing how the family saw the baby boy lying on a gurney in the hospital, and how she heard a long single “beep” and saw a flatline on a monitor.

“I reached out to Austin, and touched his tiny foot begging him to ‘breathe, Austin, just breathe’…my arms literally ached to hold my grandson again. To hug him, to hold him, to kiss him again.”

She also described to the court, how her relationship with her daughter was shattered as she initially defended her boyfriend prior to his arrest and charge of second-degree murder.

Crown Counsel Mac Vomberg then described to Justice J.D. Rooke what he believed were aggravating factors in the case, including the baby’s age, the fact that Hogan was in a position of trust, that he knew the boy had been ill, the fact that he didn’t call 9-1-1, and that he didn’t mention for several months to police or paramedics that he had “tossed” the boy from a bed to the floor.

Vomberg asked for a sentence of between 3.5 and 4 years, with a no-contact order with Jasmine Wright while incarcerated, and that a DNA sample be taken.

During her defense sentencing submission, lawyer Tonii Roulston told the court that there was no case that outlined what the minimum sentence could or should be, and there was no evidence that calling paramedics would have made any difference in whether the baby survived or not. She also described how Hogan did not realize that dropping the baby would or could cause fatal injuries, citing a statement where he thought the child may have instead suffered a seizure.

The defense is asking for a sentence of 3-6 months, with 2-years probation.

Hogan himself was asked by the judge whether he would like to make a statement, to which he replied he did. He then turned to the Wright and Roth families and apologized for Austin’s death. He described the baby boy as beautiful.

“I am incredibly sorry for this tragic loss.”

Justice Rooke is expected to hand down his sentence Tuesday, Dec. 18 at 10:00 a.m.