Darcy Kozak was a young man of promise and character who became a murderer with a taste for protracted torture, his defence lawyer said Tuesday at Kozak's sentencing hearing in B.C. Supreme Court.
Kozak, 40, pleaded guilty Aug. 30 to two counts of second-degree murder and one charge of manslaughter.
In an agreed statement of facts presented to the court, Kozak admitted confining, torturing and killing Kenneth Robinson, a disabled, homeless Nanaimo man in May 2007 after Robinson took off in his truck. Kozak admitted torturing, beating, burning and smothering Kenneth Leask in the fall of 2008. The Powell River man, who met Kozak in jail, had been given $5,000 by Kozak to start a grow-op but spent the money instead.
Kozak also admitted his involvement in the death in October 2008 of Luc Dulude, a friend from the Vancouver Island Correctional Centre. Dulude was shot in the abdomen, then wrapped in plastic while he was still alive. His body was found in an old bakery on a waterfront property on Campbell River two months later.
"We conceded the terribleness of the facts. They speak for themselves," said defence lawyer Jim Heller.
But he cautioned Justice James Williams - who presided over serial killer Robert Pickton's murder trial - not to be overwhelmed by the brutality of Kozak's crimes. There is a distinction between firstand second-degree murder, said Heller, and this case does not warrant the maximum sentence of life in prison with no eligibility for parole for 25 years.
Heller asked Williams to accept Kozak's guilty pleas, consider Kozak's remorse and impose a life sentence with no possibility of parole for 20 years, a serious denunciation.
"He is very ashamed and feels terrible about the murders and he's asked me to express that," Heller said.
Although the defence lawyer painted a portrait of Kozak from his early years, it contained no hints, no explanation for the gruesome crimes he committed. A character reference from his cousin described a youthful Kozak as a good guy, intelligent and generous of spirit.
Kozak grew up in Sooke, excelling in shop and English during high school.
After graduation he moved to Campbell River where his father lived and worked in construction, roofing and fish farming.
Kozak enrolled in an apprenticeship program for mechanics and was sent to Western Forest Products in Gold River where he did well.
"He was an industrious young kid, just trying to find his way in the world. He had a well-paid job with benefits and security."
After a few years, Kozak was offered an apprenticeship in a Campbell River automotive shop. He took apprenticeship courses at Malaspina College and began working on machinery in different logging camps.
At this point, said Heller, he developed an interest in tree falling and put his mechanical career on hold. Kozak worked in logging camps from Haida Gwaii to Sooke for eight to 10 years.
"He had healthy, legal pastimes," Heller said.
Kozak's life started to unravel when his relationship with his girlfriend broke down. His spirit weakened, he became depressed and he never recovered. Although he was close to his father, Kozak became increasingly estranged from his mother and stepfather.
"His life just wasn't that good. He was struggling with personal relationships and continued to slip into a depressed state," Heller said.
Kozak starting using drugs and began a relationship with a wealthy Campbell River widow.
"His character went to ruin," Heller said. "He became unable to work safely. He became unreliable, unstable, a cold shell of a man."
Still, Kozak's guilty pleas are a sign he takes responsibility for the crimes and this marks the start of his rehabilitation, Heller said.
"The fact someone takes responsibility for something and they do it formally, sets him on a certain path. He doesn't know himself where it is going to lead, but it will lead somewhere. That's what taking responsibility is all about," said Heller.
Williams is expected to sentence Kozak on Friday.
