Elsipogtog man gets 3.5 years for stabbing death

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An Elsipogtog First Nation man was sentenced to three and a half years in prison in connection with the stabbing death of a 36-year-old man from the same community. 

Nibogtoog Leonard Francis, 47, of Oak Street in Elsipogtog, appeared in the prisoner’s dock in Moncton’s Court of King’s Bench on Friday. In March, Francis pleaded not guilty to a charge of second-degree murder and instead pleaded guilty to a lesser charge of manslaughter in the death of Alexander Peters. 

Two charges of assault and a charge of uttering a threat were also withdrawn in March.

Crown attorney Sylvie Godin-Blanchard read an agreed statement of facts in court on Thursday. According to the facts, on Oct. 6, 2022, Peters and his girlfriend were at a bar in Elsipogtog until it closed in the early morning hours of Oct. 7.

The pair left the bar on foot and went to Francis’ home on Oak Drive. Francis was not home at the time but the pair entered his residence. When Francis came home, he, Peters, and Peters’ girlfriend consumed drugs together. 

Francis accused the pair of stealing from him. Peters and his girlfriend accused him of stealing drugs from them. After Peters and his partner went into Francis’ bedroom, Francis believed they were throwing his belongings out a window.

Francis contacted his sister, telling her that his home had been broken into. The sister then texted their father, Joseph Harvey Francis, telling him that Francis needed help. She told him to bring a firearm. 

Joseph Francis came to his son’s home with a metal baseball bat. There, he found his son in the living room with a “large military knife.” 

With the baseball bat and knife in hand, the father and son went into the bedroom where Peters and his girlfriend were in bed, partially dressed.

Joseph Francis touched Peters’ ankle with the bat and Francis tapped his side with the flat side of the knife’s blade while telling him he had to leave. Peters reacted by standing up from the bed in a “fighting stance.” 

The father told Francis not to use his knife and swung his bat at Peters, who grabbed the bat. 

Francis then began to fight Peters, with the facts stating that he was fearful for his safety due to Peters’ “violent past.” 

During the altercation, Peters sustained a cut to his neck, lacerations on his skull, two stab wounds to his torso, and cuts to his face, arms, hands, and neck. Abrasions on his legs, face, and lower back. The fatal injury was a stab wound to the left side of his neck that completely severed his jugular vein. 

He was able to exit the house and collapsed in the driveway, where he was pronounced dead by paramedics, who were called to the scene by Joseph Francis. 

A second-degree murder charge against Joseph Francis was withdrawn in March.

During the hearing, Francis turned to members of Peters’ family in the courtroom, telling them he was “truly sorry for what happened”.

His lawyer, Gilles Lemieux, said that during the night of Peters’ death, Francis had consumed crack and magic mushrooms. 

“There are parts of it he doesn’t even remember,” said Lemieux. 

Justice Christa Bourque said she believed Francis’ apology was sincere before she handed down the sentence, which followed the joint submission from the Crown and defence. 

With time served, Francis has a little over a year left to serve. He will have a lifelong weapons ban. 

Bourque said she wished Francis well, telling him she hopes he knows how important it is that he remains sober. Francis agreed with the judge. 

After Friday’s hearing, members of Peters’ family expressed disappointment with the court proceedings. 

His aunt Nancy Clair said they felt the manslaughter charge did not reflect what happened the night Peters was killed. 

“He had how many stab wounds and two blows to the head,” she said. 

While she said the sentence was also discouraging, the family felt they had “some justice.”