A defence lawyer representing James Busch, one of two men who escaped from the William Head Institution in July 2019, said during sentencing arguments Thursday that Busch decided to walk away from the prison on the spur of the moment.
Busch, 43, and his co-accused Zachary Armitage escaped from the minimum-security facility in Metchosin on the night of July 8 2019 and were recaptured the next day after an off-duty Victoria Police officer recognized the pair while out walking his dog.
In June 2020, RCMP announced the two men were both being charged with first-degree homicide in the death of Metchosin man Martin Payne, who was found dead in his Brookview Drive on July 12.
Busch, who was already serving a life sentence for second-degree murder at the time of the escape, appeared at the hearing at Western Communities courthouse via video conference from the federal prison where he’s now being held wearing a blue uniform. Armitage was sentenced to an additional 12 months in prison for his part in the escape in November.
Busch pleaded guilty to a single count of escape lawful custody in December.
Defence lawyer Roberto Alberto said Busch had “felt frustrated” at William Head in the months leading up to the escape after a series of confrontations with staff and fellow inmates. Alberto said Busch and Armitage were walking together on the grounds after dinner, saw that the tide was unusually far out and “decided to just go for it and left.”
Crown counsel Susan Rupertus presented an agreed statement of facts that she argued suggested premeditation.
Rupertus said the two men were present at a headcount at 6 p.m., but were first noticed missing when they missed an 11 p.m. count. A later review of video surveillance revealed they had left the grounds at 6:45 p.m., following the prison’s southern shoreline toward Pedder Bay.
Rupertus argued that suggested the pair had chosen their timing to offer the maximum amount of time to get away before the next count would happen. Crown submitted that pre-meditation, along with Busch’s three previous escapes from custody and his lengthy and violent criminal record, suggested a sentence near to the maximum 24 months was called for.
She also revealed that Busch was carrying a backpack containing a knife and $50 in coins when he was recaptured and that the pair attempted to escape arrest by giving false names to police.
No mention was made in court of the pending murder charges.
Alberto argued for a sentence of six to 12 months for his client, noting his three prior escapes all happened when he was 15 years old. He said Busch has already lost any chance for parole before 2025 as a result of the escape and has been moved to a harsher prison as well.
The defence also submitted Busch’s Indigenous status, experience of childhood sexual abuse, his parents’ substance use the fact he was removed from his parent’s care were mitigating factors.
Asked by Judge Ronald Webb if he had anything to say in his own defence, Busch spoke at length about his difficulties with corrections staff at William Head. He claimed he had been singled out for mistreatment after he acted out because guards didn’t understand he was experiencing post-traumatic stress related to his childhood.
Ultimately, Webb handed Busch a 12-month sentence to be served concurrently with the time he is already set to spend in prison for his existing murder convicton.
Webb concluded the hearing by addressing Busch directly.
“Mr. Busch, good luck going forward,” he said.
“Thank you,” Busch replied.
Busch and Armitage’s next court date on the murder charges is scheduled for Friday for a pre-trial conference, which usually deals with procedural matters. It’s still unknown when the trial could begin or how the two men intend to plead.
Keith Vass
