15-year sentence for fatal beating
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After pleading guilty to manslaughter in the 2009 beating death of Kenneth Dabene, Gus Tavares was sentenced to 15 years in a treatment facility where he can receive psychiatric care.
“The best protection for the community is that he receive the best treatment so that when he is released, treatment can continue,” said Judge Albert Roy.
Dabene, 52, had been collecting beer cans after Bluesfest on July 18th, 2009 when he met Tavares, now 49. Both men started chatting, and then drinking.
Dabene said something to upset Tavares, although Tavares could not recall what.
But he beat Dabene unconscious.
Passersby found Dabene passed out in a pool of his own blood near the Prince of Wales train bridge.
An off-duty firefighter attended to Dabene as police arrived.
Tavares surrendered.
“I did it,” Tavares told the cops. “I hope he dies.”
Dabene was transported to the Civic hospital, but never regained consciousness.
He died of head and chest injuries nine days later after he was removed from life support.
“The last thing I said to him was ‘see you Sunday.’ And that Sunday never came,” said Laura Dabene, Kenneth’s daughter, in a victim impact statement.
Her eyes teary and voice shaking, Dabene described the suffering borne by herself and her family since her father’s brutal killing.
“The moment he got taken away I didn’t know what to say, do, or think. How could someone be so cruel?” she said, glaring at a sombre Tavares.
Dabene’s family sobbed quietly as Crown prosecutor Stephen Donoghue read out more statements from Dabene’s other daughter, Tina Lapensee, and two of his grandchildren.
Defence lawyer Jason Gilbert said booze, meds and Tavares’s psychiatric problems fuelled the beating.
Dabene had made a racist remark that provoked Tavares, Gilbert said.
“There was something that was said by Mr. Dabene that ought not to provoke a clear-headed individual,” Gilbert said.
Tavares, who has no previous criminal record, expressed his regret.
“I wanted to say how very sorry I am and how deeply ashamed I am,” he said softly.
With pre-sentence custody, Tavares has 10 years left to serve.
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