WARNING: This story contains graphic images of injuries.
After learning the man who killed their loved one would not go to jail, several of Ryden Brogden’s family members stormed out of the courtroom.
On Wednesday, a Calgary judge announced John Sproule would serve a conditional sentence order involving two years of house arrest.
Originally charged with second-degree murder, 23-year-old Sproule was found guilty of manslaughter by a jury earlier this year for fatally stabbing Brogden while outside a Banff bar in September 2022.
But it was Brogden, 27, who first attacked Sproule when he pushed and sucker punched the then-20-year-old and continued the assault by punching and rag-dolling the younger man down the street.
Sproule was found to be acting in self-defence but used “more force than necessary,” noted Court of King’s Bench Justice Johanna Price.
“This was a near self-defence situation and not near murder,” said Price during her sentencing decision on Wednesday.
“John was defending himself … however his response was excessive.”
Forty seconds into Brogden’s assault, Sproule, whose shirt was pulled over his head and face, pulled out a pocket knife and began swinging at and stabbing his attacker.
Brogden suffered 19 stab and slash wounds.
Price described Brogden as a “good man whose life mattered,” but said “sending John to jail will not bring Ryden back.”
“This is a challenging case, and I acknowledge it may be difficult to understand how someone can stab and kill and not face imprisonment,” said Price.
The judge went on to describe the facts of the case as “exceptional.”
She also noted that Sproule is not a danger to the community and has expressed remorse.
Brogden’s family, meanwhile, expressed anger and distress at the thought that Sproule would not spend any time in custody, with several muttering during Price’s decision and others leaving the courtroom abruptly.
Prosecutors Vince Pingitore and Mykel Long asked the judge to impose a five- to six-year prison sentence, while defence lawyers Cory Wilson and Matthew Browne argued for a two-year conditional sentence order or an 18-month jail term.
A conditional sentence order is served at home. In this case, Sproule will be under 24-hour house arrest for two years and must complete 240 hours of community service. He will also be on probation for two years once his conditional sentence order has been completed.
After Price left the courtroom, Sproule hugged his mother, brother and girlfriend.
Over the 2022 September long weekend, Sproule was visiting Banff with his family. On the Friday night, he and his brother were out bar hopping in the mountain town.
Meanwhile, Brogden and his friend had stopped in Banff en route to Radium for a fishing trip. The friends were also bar hopping.
“The Sproule brothers were in good spirits and engaged in friendly conversations with patrons and staff at the various venues,” wrote Price in her findings of fact.
But the judge found that Brogden and his friend developed animus toward the brothers at the bar High Rollers, and spoke with the bouncers about them. Sproule was “unaware” of that animosity, the judge noted.
Not long after the two groups left High Rollers, the men ended up outside the now-closed Dancing Sasquatch, where Sproule asked to bum a cigarette from Brogden.
Brogden told him to “f–k off,” then sucker punched and pushed him.
Video from the bar shows the initial physical altercation.
Brogden pulled Sproule’s shirt over his head and continued the attack, punching him repeatedly.
Video from a nearby business and from a cellphone show the pair in a struggle as Brogden throws Sproule across a sidewalk.
Sproule testified, and the judge accepted, that Brogden said several times, “I’m going to f–king kill you.”
With his shirt covering his face, Sproule pulled out his pocket knife and began swinging it at Brogden and stabbing him.
“John did not know where his pocket knife was connecting,” said Price.
Brogden suffered 12 stab wounds and seven sharp force wounds.
The fight between the two made its way to an empty patio. At that point, a bouncer arrived and pulled Brogden off Sproule, who ran away.
Photos of Sproule’s injuries, including wounds to his face, head, chin and chest were presented to jurors.
In her findings of fact, Price ruled that Sproule was acting in self-defence, but that “his response was excessive, stabbing and slashing Mr. Brogden a total of 19 times.”
Price ruled this “was more force than necessary to repel the attack by Mr. Brogden.”
