‘I will never forgive myself,’ says man responsible for dragging death of Pelham senior

A man who was behind the wheel of a vehicle that struck and dragged a 74-year-old Niagara man to his death acknowledged in court his actions have destroyed the lives of many people.

I did this," Jason Lusted said in an Ontario Court of Justice in St. Catharines, Friday. I will never forgive myself."

His voice cracking with emotion as he stood in the prisoner's box, the 50-year-old apologized for his selfish and careless decision" on the night of Oct. 2, 2020 which claimed the life of Earl Clapp.

Lusted acknowledged his actions have destroyed the lives of Clapp's family and friends, many of whom packed the courtroom for Friday's sentencing hearing.

I will live with this guilt for the rest of my life," he said. I am sorry."

Clapp ran Niagara Farm Metal Products from his one-hectare property and was well-known in the community.

Seventy-six victim impact statements were filed in the court at an earlier court appearance.

Many people read their statements, which the judge said painted a picture of remarkable man" who had a positive impact on his friends and family and his community.

Lusted, who was originally charged with second-degree murder in connection with Clapp's death, pleaded guilty in June to manslaughter.

At issue now is how long the defendant must serve behind bars, and how much credit he should receive for the time he had spent in presentence custody.

Lusted's lawyer Andrew Furgiuele told the judge his client has, to date, spent the equivalent of 998 days in custody.

He said the defendant should be granted further credit of 12 months due to the severity" of conditions in custodial facilities as a result of lock downs caused by the pandemic.

Furgiuele said many facilities have experienced lock downs due to staffing issues caused by guards being off sick due to COVID-19.

They do not have a full complement of guards, and when that happens the conditions become intolerable," he said, adding his client contracted COVID while incarcerated.

Judge Joseph De Filippis reserved sentencing and is expected to deliver his decision in September.

Court was told Lusted, of no fixed address, and Matthew MacInnes were on the prowl that night, searching for a trailer to steal, when they spotted several trailers behind a locked gate at the end of the Clapp's gravel driveway.

Lusted cut the lock, and started using a grinder on a wheel block on one of the trailers.

Niagara Regional Police believe the noise of the power tool likely woke Clapp, who went outside to investigate.

MacInnes, who had remained in the vehicle, warned Lusted that someone was walking toward them, and he got back into the car and accelerated very quickly" down the driveway.

Court was told the defendant made a deliberate right turn" in the homeowner's direction.

The vehicle struck Clapp, pulling him under the vehicle and trapping him.

His body was discovered by a passing motorist on Highway 20, almost two kilometres from his home.

I can't control the images that intrude on my consciousness," the victim's widow Tillie Clapp said at an earlier court appearance. The police found so many biological samples, they ran out of (evidence) cones."

Their daughter Elisha told court she is haunted by images that play in her head every time she closes her eyes.

I see my dad's mutilated body in the street, alone and in the rain," she said.

I hear my dad screaming in pain as he's dragged down the street for two kilometres, screaming until there's no scream left."

MacInnes, a resident of West Lincoln, was also charged with second-degree murder. That charge was withdrawn in March after the 40-year-old pleaded guilty to several counts including attempted theft.

He was sentenced to time served and released from custody.

Meanwhile, Lusted has been handed a number of custodial sentences in the past - one of them for his involvement in a high-profile murder case in Hamilton.

In 2006, 27-year-old Billy Mason was escorted from his Hamilton apartment at gunpoint by Lusted and self-described career criminal Jeremy Hall.

The young man was driven to a rural road where he was shot and killed. His body was later burned at a farm where Hall had been living.

Lusted, the key witness in the case against Hall, pleaded guilty in 2010 to multiple charges in connection with the murder, including accessory after the fact to murder and dangerous operation of a motor vehicle. He was sentenced to 10 years behind bars.

Alison Langley is a St. Catharines-based reporter for the Niagara Falls Review. Reach her via email: alison.langley@niagaradailies.com