Dain Phillips

[Swoop]

His boys should have been on trial also, they are just as guilty as anyone else for his death. They are just as at fault as anyone as they participated in starting the trouble at the start!

...fortunately the courts looked at it a little more objectively and charged and convicted those directly responsible for this plain and simple cowardly attack...unfortunately they didn't get anywhere near severe enough for their part imho - and Thomas - the one slimeball that should have seen the most gets acquitted...spineless cowards - every last one of them...Phillips was no angel - but he was no Hells Angel coward that needed to resort to ganging up 5 on 1 either...

[maryjane48]

The Mountie saw Thomas put a baseball bat in his truck. At 6:35, six young males — including some of the accused — got into another vehicle and left. Cocks then joined Thomas in his truck and also left, Bellows said.

i wonder why the cop didnt interveen at this point, surly they were not going to play baseball smh

[Swoop]

The Mountie saw Thomas put a baseball bat in his truck. At 6:35, six young males — including some of the accused — got into another vehicle and left. Cocks then joined Thomas in his truck and also left, Bellows said.

i wonder why the cop didnt interveen at this point, surly they were not going to play baseball smh

...and had they been stopped, that's exactly what they would have said they were going to do - play some ball...they're definitely not the sharpest knives in the drawer, but they also know very well how the system work's...

[kingsandman]

and Thomas - the one slimeball that should have seen the most gets acquitted...

NO, he didn't.

[BA340]

Phillips was a coward who on several occasions tried to bully people and said he was HA, which is probably why HA got involved to begin with. Your absolutely right, he was no angel and his kids should be in jail also, they are just as guilty for his death!

[Swoop]

and Thomas - the one slimeball that should have seen the most gets acquitted...

NO, he didn't.

...I stand corrected, and wondered as I originally thought he had plead guilty...when I posted that comment, the Castanet story said he had been acquitted - it has since been edited:

http://www.castanet.net/news/Kelowna/11 ... na-killing

Three more men have been convicted in the June, 2011 death of Dain Phillips.

Phillips was attacked and beaten with a baseball bat on the evening of Sunday, June 12 near McCurdy and Gibson roads.

The incident resulted from a dispute between Phillips' two sons and two other brothers, Daniel and Matthew McRae.

In BC Supreme Court in Vancouver Friday, the judge found there was no evidence to prove the McRae brothers and a third co-accused, Anson Schell, actually participated in the beating. But, he says they all encouraged the assault against Phillips.

The McRaes and Schell were convicted of manslaughter, while Robert Cocks, who the judge described as being immersed in the Hells Angels lifestyle, was acquitted.

The three will be sentenced Sept 22.

Hells Angels members Norman Cocks and Robert Thomas have already pleaded guilty to manslaughter and were each sentenced in January to 15 years in prison.

[A_Britishcolumbian]

some details we should all be aware of should we encounter the mcraes or schell, they were too slow to kill dain when they had the chance, so be sure not to let them ever get the drop on you.

The only reason a Hells Angels associate couldn’t get more involved in the beating death of Kelowna dad Dain Phillips is because his biker pals killed Phillips so quickly, a B.C. Supreme Court judge said Monday.

Justice Mark McEwan made the comment after lawyer Sandy Ross said his client Danny McRae was surprised by the fatal June 2011 bat and hammer beating by two Hells Angels.

“The way the assault took place was beyond his control and in my submission obviously unexpected by him,” Ross told a sentencing hearing at the Vancouver Law Courts. “He attended the scene to participate in an assault. He did not participate in the actual attack.”

McRae, his brother Matt and friend Anson Schell were convicted of manslaughter in July for being parties to the roadside slaying.

Phillips, 51, had gone to try to resolve a petty dispute his sons had with the McRaes when he was fatally attacked by full-patch Angels Norm Cocks and Rob Thomas. They earlier pleaded guilty to manslaughter and are serving 15-year terms.

McEwan suggested the three accused were ready and eager to assist in the assault on the Phillips clan.

“All that happened is the Hells Angels so efficiently dispatched Mr. Phillips that they didn’t have to participate,” McEwan said. “[Danny McRae] wasn’t withdrawing from it or standing back and saying ‘Oh this is too much, I’m not into this.’ He was on his way. He was joining it.”

And he said he had a difficult time accepting that McRae wasn’t fully aware of the violent capabilities of the bikers.

“You don’t bring Hells Angels to a schoolyard fight. There was blood lust that afternoon among these young men,” he said.

“I have real trouble with the concept that you hang out with Hells Angels and they start threatening people, that you have an interest in them threatening, and somehow you are entitled to imagine that what’s going to happen is a bloody nose or a chipped tooth.”

Crown prosecutor Joe Bellows asked for a six-year sentence for Danny McRae, 24, and five each for his brother and Schell, both 22.

He told McEwan that the three young men felt “courage and confidence” when they met Phillips and his sons on the outskirts of Kelowna three years ago because they had the backing of the notorious biker gang.

“It is significant that these accused knew that the Phillips were going to be swarmed by five men, two of whom were Hells Angels armed with dangerous weapons.”

Ross asked for a sentence of between 18 months and three years for the elder McRae, who he admitted had been ready “to lay a beating on the Phillips.”

“That’s a grave mistake, a very serious mistake by Mr. McRae,” he said, adding that McRae felt deep regret for Phillips’ death.

Lawyers for Matt McRae and Schell are expected to make their sentencing submissions Tuesday.

Supporters of the convicted killers sat on one side of the high-security courtroom, while Phillips’ wife, sons and supporters sat on the other side.

Undercover police officers and sheriffs were positioned between the two groups. All three accused have been out on bail throughout the proceedings.

Phillips went to the roadside meeting on June 12, 2011, hoping to make peace between his sons Kody and Kaylin and the McRaes.

He held his hands over his head in surrender as he was struck repeatedly by Cocks and Thomas. He collapsed on the spot in front of his horrified sons and died later in hospital.

http://www.vancouversun.com/news/Hells+ ... picks=true

[A_Britishcolumbian]

A Hells Angels associate convicted for his role in the beating death of Dain Phillips made “enthusiastic” comments captured on police wiretap after the brutal attack, a B.C. Supreme Court judge said Tuesday.

Justice Mark McEwan challenged a lawyer for Anson Schell over suggestions his young client had no idea what would happen when he agreed to join friends Danny and Matthew McRae for an expected fight with Phillips and his two sons.

David Johnson said Schell, who was just 19 when Phillips was killed in June 2011, should be sentenced to two years less a day for his manslaughter conviction.

Johnson noted that Schell had a “limited role” in the crime and was not involved in planning the meeting attended by two Hells Angels who attacked Phillips with a bat and ball peen hammer.

But McEwan pointed to Schell’s recorded comments after Phillips, 51, was left unconscious on a Kelowna roadside.

“He is rather enthusiastic about the whole thing. And he’s the one who says [Phillips was] `taking a dirt bath.’ That means dead. It doesn’t mean injured and taken away to the hospital,” McEwan said.

“He’s practically gloating over what happened.”

Johnson suggested the comments were simply those of an immature teen showing off in front of older members of the Hells Angels.

McEwan responded: “You have got to think of what they are feeling bravado about – taking a man down – boom, boom.”

Schell and the McRae brothers were convicted in July of manslaughter as parties to the fatal attack, even though McEwan found that they didn’t inflict any of the blows to Phillips.

Crown prosecutor Joe Bellows told the sentencing hearing that five year terms would be appropriate for both Schell and Matthew McRae, both 22, while Danny, 24, deserved six year for planning the incident.

Phillips, 51, was trying to peacefully resolve a dispute his sons had with the McRaes when he was attacked with weapons by Hells Angels Rob Thomas and Norm Cocks. Both earlier pleaded guilty and are serving 15-year sentences.

Johnson pointed to Schell’s stellar work record and letters from his family as proof that he has matured into a productive member of society.

McEwan questioned the value of references from relatives.

“Sometimes your family doesn’t really know you,” he said.

Earlier Tuesday, Matthew McRae read a letter of apology in court as his lawyer also asked for a two-year term.

“I write this letter to show my sincere remorse…There is no excuse for my actions and I accept full responsibility for what I have done,” he said as Phillips’ family members sat in the courtroom.

“I wish that day had never have happened. It was a horrible day. I don’t wish the loss of life upon anyone.”

He talked about how hard it was being on bail conditions so strict that he couldn’t take his long-time girlfriend out for dinner.

“I realize my burden is light compared to the Phillips’ family burden,” he said.

McRae also apologized to his family “for their last name being put on the news for such a horrible event that happened.”

McEwan said he would read all the documents from the defence lawyers before deciding on sentences for the three men.

http://www.vancouversun.com/news/gangs/ ... story.html

[Swoop]

..."He talked about how hard it was being on bail conditions so strict that he couldn’t take his long-time girlfriend out for dinner."...

...oh you poor wee thing...hopefully your new long term boyfriend/cellmate makes sure to take you out on a date night very regularly...

[dcipher]

dcipher,, read the last paragraph of your last post, think about it then compare it to what i've said.

I do not have to read it - I wrote it. Furthermore, I went to some lengths to explicitly quote you and make a comparison to what you've "said".

you talk slag and disrespect for the ha and how they conduct themselves yet

If by "slag", you mean that I speak negatively about the 7 people who armed themselves with the intent to attack one unarmed man, who came to talk, then yes, indeed I did. I really do not have to speak negatively about it...the actions speak clearly for themselves. They are not only criminal and abhorrent, but quite simply the actions of extreme, unapologetic cowardice and lack of honor - that really is not in dispute. The fact that you suggest one should NOT talk "slag" or "disrespect" the type of weasels who would do that, speaks volumes to your own character, mentality, and judgment.

minimize how incredibly foolish it was of dain to chase after a member of the ha but then meet in a secluded spot after.

Incorrect. If YOU would read my second paragraph, it explicitly stats how naive that action was. However, not everyone is aware of (hopefully this makes it more well known) just how cowardly, and how dishonorable the HA are. The vast majority of people - even those who don't shy away from physical confrontation (like apparently Philips himself) are not the type of people who would engage in this level of violence and cowardice. It is indeed only a tiny of minority, thankfully, that have so little honor that they would do this. I myself, have been, involved in several physical confrontations, but I am at the opposite end of the spectrum - I believe in being direct, standing up for yourself, and if doing so, being prepared to stand by myself, and accept whatever consequences should follow. Of all those I have had confrontations with (many of whom I felt lacked character, all, except for 1 or 2 exceptions, at least had the courage to do the same in kind - or at least the pride to hide this fact, were they thinking otherwise. The one exception being a young man who promised me that "30" of his friends would join him in engaging me - ironically, the 30 friends simply wanted to watch, and encourage both of us, at which point, he lost interest.....) Again, the point being that it is indeed a special and exceptional level of cowardice that this type of attack represents, and if Dain was not used to encountering such bottom level slime, it is not surprising. Once more, however, I will state that if your argument is simply: people should become well aware that the HA are the type of vermin to run from a fair fight, but later come back with a group and weapons to attack an unarmed man who attempts to have a direct man-to-man talk with them, then indeed, I agree -this is proof-positive that the HA are indeed like that.


Even if Philips have deserved death (which he clearly did not), most people would have at least have enough pride in themselves not to engage in such a cowardly attack. Again, I explained this in detail, in my previous post.

you call it naive ,, I call it a lack of self preservation hence the natural selection comment

And I explained in detail why I do not believe your comment valid. Once again, not only do we not anticipate that level of cowardly and dishonorable behavior (we would be paralyzed in all aspects of life if we did), it certainly does not:
1.justify the behavior in any way
2.mitigate any responsibility of the perpetrators
3.imply that somehow we as a society should in any way tolerate or accept that we adjust our behavior simply because there are indeed people who will commit such unspeakably cowardly acts. Again, were we to do that, we would be virtually incapacitated as a society. Yes, there are people who lack any moral fiber, or strength of character. No, we should not be expected to constantly behave as though we will encounter those people

[dcipher]

Hells Angels are human, there is some good and there is some bad like all of us. You need to learn more about the 81 before you start judging them. I've seen many scenarios involving 81's where the 81's walked away when they could've gladly turned it into a murder show. How many charity runs have you organized for kids and cancer foundations? EXACTLY! The 81 aren't just cold hearted killers, they are regular family men who go home to their wife and kids when the day is over.

How pathetic and insulting.
1.If there are such "good" HA, perhaps they rethink whether they wish to identify with "cold hearted killers" (which you admit some are) I certainly would. Just as RCMP could and SHOULD be judged by the worst of their members, so the same applies to gangs. The RCMP are at least however, founded on altruistic principles, not so with gangs, who's very raison d'etre is for criminal purpose.

2.Insulting that in this day and age, people would still spout the "regular family men". Sorry, regular family men - or for that matter any good man or woman does not try to lazily, and immorally profit through crime, drugs, and murder. Seriously, only an utter moron would buy into that kind of portrayal today - is that the audience you're aiming at? Are you just hoping to get utter morons on your side? Who cares what somebody that stupid choose to believe?

[dcipher]

Would it be natural selection for HA's then?
I guess, unknowingly being outnumbered means natural selection.

Face it, the HA's are like wolves, they attack in packs because they are chicken one on one!
Real men, the HA's are not!
I say, let the military get rid of them, one by one!

Indeed...I guess Dain should have shown up with a shotgun or automatic weapon and just started shooting....natural selection! Totally justified....HA should have known better....

....or better yet, just plant an explosive in their homes.....believe it or not, they aren't hard to get these days - let alone just make your own.....natural selection! yeah!!!

Sadly, this is only half a joke. Obviously the HA are so absent of character, and so cowardly, Dain should just assumed he could not talk to them man-to-man. If he didn't want them chasing him and his sons around, perhaps this would have been one of his few alternatives. I suppose there is no reasoning with such parasites.

[Anonymous123]

Update:

http://www.castanet.net/edition/news-story-125885-3-.htm#125885

[cutter7]

dchipher, not once did I say what happened was right… or suggest that anyone live in fear.

I still say, you want to pick a fight with a known criminal gang? don't show up alone in a secluded spot or you may wind up just like mr phillips.

Just listen to your own opinion of the h.a and ask yourself if you are dumb enough to show up alone.. sheesh

[the truth]

I will agree with you on this one cutter 100 percent